Tenant Alterations. Without Landlord's prior approval and subsequent to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements in or to the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterations.
Appears in 1 contract
Samples: Office Lease (Gp Strategies Corp)
Tenant Alterations. Without Landlord's prior approval and subsequent to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make or permit anyone to make any alterations, additions or improvements Alterations in or to the PremisesLeased Premises that would result after giving consideration to the completed Alteration, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), a material diminution in the value of the Leased Premises without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's prior written consent which consent may be withheld in Landlord's sole and absolute discretion if Building systems discretion. If the Alteration is structural in nature, such Alteration shall not be made without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord agrees that Landlord's approval shall be (other than minor electrical work or minor plumbing work inside i) deemed unreasonable unless such structural Alteration causes a material diminution in the Premises) or structural components value of the Building are affectedLeased Premises or impairs the structural integrity of the Improvements and (ii) deemed granted in the event that Landlord does not respond to Tenant's notice of such Alteration within ten (10) business days. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations other Alterations without Landlord's the prior written consent, or without satisfaction consent of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or provided such Alterations comply with all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens"following sentence. For All Alterations shall be performed in a good and workmanlike manner, and shall be expeditiously completed in compliance with all purposes Legal Requirements, (i) all work done. in connection with any such Alterations shall comply with all Insurance Requirements, (ii) Tenant shall promptly pay all costs and expenses of any such Alterations, and shall discharge all liens tiled against any of the Leased Premises arising out of the work, and shall, upon notice from Landlord, furnish to Landlord copies of such evidence of payment of costs and expenses or of discharge or waiver of liens as Landlord may reasonably request, (iii) Tenant shall procure and pay for all permits and licenses required in connection with any such Alterations, (iv) all such Alterations shall be the property of Landlord and shall be subject to this Lease other than Lease, (v) any Alterations that are structural in nature and the obligation estimated cost of which in anyone instance exceeds Two Hundred Fifty Thousand Dollars ($250,000.00) shall be made under the supervision of a licensed architect or engineer in accordance with detailed plans and specifications which shall be submitted to obtain Landlord's Landlord prior consent, Permitted to the commencement of the Alterations and (vi) any Alterations which are Tenant Alterationsnot structural in nature and the estimated cost of which in anyone instance exceeds Five Hundred Thousand Dollars ($500,000.00) shall be made under the supervision of a licensed architect or engineer in accordance with detailed plans and specifications which shall be given to Landlord within a reasonable time after completion.
Appears in 1 contract
Tenant Alterations. Without Landlord's prior approval and subsequent The Tenant agrees not to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes or allow to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make be made any alterations, improvements, additions or improvements physical changes in or about any Individual Property, other than those constituting part of an Applicable Project as shown on the Applicable Plans and Specifications or modifications thereto consented to by the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring Landlord and the Agent (individually and collectively the "Tenant Alterations"), without first obtaining the written consent of Landlordthe Landlord and the Agent in each instance, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent (A) may be withheld by either the Landlord or the Agent, each in Landlord's absolute discretion its sole discretion, if Building systems the proposed Alterations (other than minor electrical work or minor plumbing work inside i) adversely affect the Premises) or structural components of the Building are affectedImprovements on such Individual Property, or (ii) reduce the value or utility of the Improvements on such Individual Property, and (B) in all other cases, shall not be unreasonably withheld or delayed, but may be given on such reasonable conditions as the Landlord and the Agent may elect, including but not limited to receipt of evidence satisfactory to the Landlord and the Agent that the Tenant has adequate funds to complete such Alterations. Tenant Notwithstanding the foregoing, neither the Agent's nor the Landlord's consent shall deliver to Landlord full and complete plans and specifications be required for any proposed non-structural Alterations with respect to any Individual Property unless and until the costs of Alterations at or with respect to such Individual Property for any single Alteration or series of related Alterations shall exceed $100,000. Any and all Alterations to any Individual Property shall without further act become the property of the Landlord and subject to the Lien of the Applicable Mortgage, except for trade fixtures, movable equipment or furniture owned by the Tenant. Upon the expiration or termination of this Lease, the Landlord or the Agent may require the Tenant to remove any and all Alterations andfor which consent was required hereunder and which were made without having obtained such consent of the Landlord and the Agent as well as all fixtures, if consent by equipment and other improvements installed on such Individual Property other than fixtures, equipment or other improvements constituting a part of the Applicable Project. In the event the Landlord is givenor the Agent so elects, all and the Tenant fails to remove such work shall be performed property, the Landlord or the Agent may remove the same at the Tenant's expense by Landlord or by Tenant at Tenant's election. cost, and the Tenant shall pay to the Landlord or the Agent, as the case may be, on demand all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any therewith. The Tenant Alterationsshall be responsible for the cost of repairing all damage to such Individual Property resulting from the removal of such property, including, without limitation, Landlord's review except to the extent arising out of the Plans and Specifications. Without limiting the generality gross negligence or willful misconduct of the foregoing, Landlord may require Tenant, at or the Agent. The Tenant's sole cost obligations pursuant to this Section 11.1 shall constitute Supplemental Rent and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (shall survive the expiration or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes sooner termination of this Lease other than and the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant AlterationsReimbursement Agreement.
Appears in 1 contract
Samples: Master Lease (Helmstar Group Inc)
Tenant Alterations. Without Landlord's prior approval and subsequent to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements in or to the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or wiring Telecommunication Facilities (individually and collectively "“Tenant Alterations"”), without first obtaining the consent of Landlord, which consent shall not be unreasonably be withheldwithheld or delayed provided such alterations, conditioned additions or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside improvements are entirely within the Premises) or Premises and do not impact any structural components of the Building are affectedor any building systems. Notwithstanding the foregoing, Tenant may make interior non-structural Alterations which do not affect any of the Building’s mechanical, HVAC, electrical, plumbing or other systems without the consent of the Landlord provided that the aggregate cost of such Alterations does not exceed Twenty Thousand Dollars ($20,000.00) (“Permitted Alterations”) in any period of twelve (12) consecutive calendar months. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and(including Permitted Alterations). If Tenant’s plans and specifications are submitted to Landlord with a notice expressly stating that Landlord’s failure to disapprove such plans and specifications within ten (10) Business Days after Landlord’s receipt thereof and Landlord fails to disapprove the same within such ten (10) Business Day period, if such plans and specifications shall be deemed approved. If consent by Landlord is given or deemed given, all such work shall be performed at Tenant's ’s expense by Landlord or by Tenant at Tenant's Landlord’s election. Tenant shall pay to Landlord, within ten (10) Business Days of receipt of an invoice from Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's ’s review of the Plans plans and Specificationsspecifications. Without limiting the generality of the foregoing, Landlord may require TenantTenant (if Landlord has elected to require Tenant to perform the Tenant Alterations), at Tenant's ’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord)bond, in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's ’s prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's ’s election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's ’s expense. Nothing contained in this paragraph or the paragraph captioned "“Tenant's ’s Work Performance" ” shall be deemed a waiver of the provisions of the paragraph captioned "“Mechanic's ’s Liens"”. For all purposes Notwithstanding anything to the contrary contained herein, the terms of this Lease other than paragraph 4.4 shall not apply to the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterationsimprovements.
Appears in 1 contract
Samples: Gross Lease (TNS Inc)
Tenant Alterations. Without LandlordTenant shall make no structural changes in or to the demised premises of any nature without Owner's prior approval written consent. Subject to the prior written consent of Owner, and subsequent to completion the provisions of the Tenant Improvementsthis article, Tenant at Tenant's expense, may make improvements, additionsalterations, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premisesinterior of the demised premises. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or make changes the building of which the same forms a part, for work claimed to locks on doorshave been done for, or addmaterials furnished to, disturb Tenant, whether or in any way change any floor coveringnot done pursuant to this article, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work same shall be performed at Tenant's expense by Landlord or discharged by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenantwithin thirty days thereafter, at Tenant's sole cost and expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to obtain Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord)have them removed by Tenant, in formswhich event the same shall be removed from the premises by Tenant prior to the expiration of the lease, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the paragraph captioned "building due to such removal. All property permitted or required to be removed, by Tenant at the end of the term remaining in the premises after Tenant's Work Performance" removal shall be deemed a waiver abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the provisions of the paragraph captioned "Mechanicpremises by Owner, at Tenant's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterationsexpense.
Appears in 1 contract
Samples: Politics Com Inc
Tenant Alterations. Without Landlord's 3. Except as otherwise provided in this lease, Tenant shall make no structural or building system changes in or to the demised premises of any nature without Owner’s prior approval written consent, which consent, subject to the provisions of Article 67 below, shall not be unreasonably withheld or delayed. Except as otherwise provided in this lease, Tenant, at Tenant’s expense, may make alterations, installations, additions or improvements which are non-structural and subsequent which do not affect utility services or plumbing and electrical lines, in or to completion the interior of the demised premises, by using contractors or mechanics first reasonably approved in each instance by Owner. Tenant Improvementsshall, Tenant may make improvementsbefore making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry, and will cause Tenant’s contractors and sub-contractors to carry, such worker’s compensation, commercial general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant after 30 days’ written notice of the filing thereof, at Tenant’s expense, by payment or filing a bond as permitted by law. All fixtures and all paneling, partitions, railings and like installations, decorations installed in the demised premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon lease expiration or earlier termination, become the property of Owner and changes shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside date fixed as the Premises) or structural componentstermination of this lease, elects to relinquish Owner’s rights thereto and to have them removed by Tenant, in which event the cost same shall be removed from the demised premises by Tenant prior to the expiration of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations")lease, at Tenant’s expense. If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted AlterationsNotwithstanding anything to the contrary herein contained, Tenant shall not make be required to remove the alterations or improvements in the demised premises, or any subsequent alterations: (a) made by Owner in accordance with this Lease, or (b) which are alterations, physical additions or improvements in or made to the Premisesdemised premises by Tenant (i) without Owner’s written consent, if such consent was not required; or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), without first obtaining ii) with the written consent of LandlordOwner, which if such consent was required, unless Owner shall not unreasonably be withheldhave expressly notified Tenant of such removal requirement, conditioned or delayedin writing, at the time of granting said written consent; provided that Landlord's consent Owner may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components only notify Tenant of the Building such removal requirement with respect to installations that are affected. Tenant shall deliver atypical for normal office use and cost materially more to Landlord full remove and complete plans and specifications for any proposed Tenant Alterations anddemolish as would typical office installations, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, includingas, without limitation, Landlord's review raised floors, louvered windows, internal staircases and vaults. Nothing in this article shall be construed to give Owner title to, or to prevent Tenant’s removal of, trade fixtures, moveable office furniture and equipment, but upon removal of same from the demised premises or upon removal, of other installations as may be required by Owner. Tenant shall immediately, and at its expense, repair and restore the demised premises to the condition existing prior to any such installations, and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Plans term remaining in the demised premises after Tenant’s removal shall be deemed abandoned and Specifications. Without limiting may, at the generality election of Owner, either be retained as Owner’s property or may be removed from the foregoing, Landlord may require Tenantdemised premises by Owner, at Tenant's sole cost and ’s expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterations.
Appears in 1 contract
Samples: Office Lease (PCI Media, Inc.)
Tenant Alterations. Without Except to the extent expressly set forth herein, Tenant shall have the right, from time to time, to make additions, changes, alterations or improvements (“Tenant Alterations”) to the Premises, and those building systems exclusively serving the Premises without the prior consent of Landlord's prior approval and subsequent . Landlord’s consent will only be required with respect to completion any Tenant Alterations to the extent that such Tenant Alterations require the issuance of a building permit from applicable governmental authorities or affects or involve: (a) the structure, exterior or exterior appearance of the Tenant ImprovementsPremises or the Building; (b) the views of the interior of the Building from the ground level of the exterior of the Building in any material and adverse manner as reasonably determined by Landlord; (c) the operation, Tenant may make improvements, additions, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work repair or minor plumbing work inside maintenance of any building system outside of the Premises; (d) other tenants or structural components, occupants of the cost of which shall not exceed $25,000.00 Building in any one instance or material way, as reasonably determined by Landlord; (e) space outside of the Premises, (f) work in excess of $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations")50,000. If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord notice at least five thirty (530) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements in or days prior to the Premises, or make changes to locks commencement of any Tenant Alterations on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations andthat require Landlord’s consent under this paragraph 4.4. All such plans and specifications shall be subject to Landlord’s consent, if not to be unreasonably withheld, conditioned or delayed. If the Landlord’s consent by Landlord is given, all such work Tenant Alteration shall be performed at Tenant's ’s expense and, at Landlord’s reasonable election (which election shall be made at the time the approval is issued), shall be removed by Landlord or by Tenant under Landlord’s supervision, at Tenant's election’s expense, upon the expiration or termination of the Lease Term. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecturearchitectural, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's ’s review of plans and specifications, which in aggregate shall be capped at one percent (1%) of the Plans and Specificationshard construction costs. Without limiting the generality of the foregoing, Landlord may reasonably require Tenant, Tenant for the duration of such work at Tenant's ’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord)bond, in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations Tenant Alterations without Landlord's ’s prior written consent, consent or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, or at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations so made and restore the Premises at Tenant's ’s expense. All Tenant Alterations shall be (a) completed in accordance with the plans and specifications approved by Landlord (if Landlord’s approval of same is required above); (b) completed in accordance with all Governmental Requirements; (c) carried out promptly in a good and workmanlike manner; (d) of all new or recycled materials; and (e) free of defect in materials and workmanship. Tenant shall endeavor to perform any and all Tenant Alterations that affect at least fifty percent (50%) of the Premises in accordance with Landlord’s sustainability practices, (as same may be in effect or amended or supplemented from time to time) and any Green Agency Ratings, as the same may change from time to time, provided that conformance to Landlord’s sustainability practices or policies of an applicable Green Agency Ratings shall not result in any material additional cost to Tenant. Without limiting the generality of the foregoing, Landlord and Tenant agree that Tenant has no obligation hereunder to (i) engage a third party LEED or Green Globe Accredited Professional with respect to the design or construction of any Tenant Alteration, or (ii) seek or obtain any Green Agency Rating certification with respect to the design, installation or operation of any Tenant Alteration. Tenant shall pay for all damage to the Premises, Building and Land caused by Tenant or Tenant’s Agents as a result of the Tenant Alterations. Tenant shall indemnify, defend and hold harmless Landlord and Landlord’s Agents from any Claims arising as a result of the Tenant Alterations or any defect in design, material or workmanship of any Tenant Alterations. Nothing contained in this paragraph or the paragraph captioned "“Tenant's ’s Work Performance" ” shall be deemed a waiver of the provisions of the paragraph captioned "“Mechanic's ’s Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterations.”
Appears in 1 contract
Samples: Deed of Lease (Amber Road, Inc.)
Tenant Alterations. Without Landlord's prior approval Tenant, at its cost and subsequent expense, may install in the Building such personal property as Tenant determines to completion be necessary or appropriate to conduct its business. Tenant, at its cost and expense, also may make non-structural alterations, improvements or additions to the interior of the Tenant ImprovementsBuilding so long as (i) such alterations, Tenant may make improvements, additions, installations, decorations and changes to the Premises that improvements or additions do not affect the storm water drainage serving the Leased Premises or any Building systems Systems (other than minor electrical work or minor plumbing work inside as defined below), and (ii) the Premises) or structural components, the aggregate cost of which shall not exceed $25,000.00 such alterations, improvements or additions in any one instance given lease year is less than Seventy-Five Thousand Dollars ($75,000.00) (“Non-Structural Alterations”) if: (i) Tenant delivers to Landlord a written notice describing the proposed alteration, improvement or $50,000.00 in addition with particularity, and provides to Landlord copies of any plans and specifications for the aggregate in any twelve-month period proposed alteration, improvement or addition; and ("Permitted Alterations"). If Permitted Alterations will involve any drywall installationii) upon the expiration of the Lease Term or earlier termination of this Lease, Tenant shall give Landlord at least five (5) days' advance notice surrenders the part of the Leased Premises altered or improved in as good a condition as on the date that Tenant accepts the Leased Premises, reasonable wear and tear and such work. Other than Permitted Non-Structural Alterations, excepted. Tenant shall not make any no alterations, improvements or additions or improvements in of or to the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations")exterior of the Building, without first obtaining the prior written consent of Landlord, which consent shall not unreasonably be unreasonable withheld, conditioned conditioned, or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver make no structural alterations, improvements or additions of or to Landlord full and complete plans and specifications for any proposed Tenant Alterations andpart of the Leased Premises or make any alterations, if consent by Landlord is givenimprovements or additions that affect the storm water drainage serving the Leased Premises or any Building Systems, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, includingeither case, without limitationthe prior written consent of Landlord, Landlord's review which consent shall not be unreasonably withheld, conditioned, or delayed. All improvements, alterations and additions to the Leased Premises, excepting only Tenant’s unattached personal property, shall become the sole property of Landlord upon the expiration of the Plans and Specifications. Without limiting the generality Lease Term or earlier termination of the foregoingthis Lease; provided, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, that Landlord shall have the right, right but if Landlord so specifies in addition its consent to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equitythe same, to require Tenant to remove some any such alteration, improvement or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore addition upon the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver expiration of the provisions Lease Term or earlier termination of this Lease, in which event, Tenant shall repair any and all damage to the Leased Premises resulting from such removal and shall surrender the part of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than Leased Premises altered or improved in as good a condition as on the date that Tenant accepts the Leased Premises as set forth above; provided, however, that Tenant shall have no obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant remove any Non-Structural Alterations.
Appears in 1 contract
Tenant Alterations. Without Landlord's prior approval and subsequent The Tenant agrees not to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes or allow to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make be made any alterations, improvements, additions or improvements physical changes in or about any Individual Property, other than those constituting part of an Applicable Project as shown on the Applicable Plans and Specifications or modifications thereto consented to by the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring Landlord and the Agent (individually and collectively the "Tenant AlterationsALTERATIONS"), without first obtaining the written consent of Landlordthe Landlord and the Agent in each instance, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent (A) may be withheld by either the Landlord or the Agent, each in Landlord's absolute discretion its sole discretion, if Building systems the proposed Alterations (other than minor electrical work or minor plumbing work inside i) adversely affect the Premises) or structural components of the Building are affectedImprovements on such Individual Property, or (ii) reduce the value or utility of the Improvements on such Individual Property, and (B) in all other cases, shall not be unreasonably withheld or delayed, but may be given on such reasonable conditions as the Landlord and the Agent may elect, including but not limited to receipt of evidence satisfactory to the Landlord and the Agent that the Tenant has adequate funds to complete such Alterations. Tenant Notwithstanding the foregoing, neither the Agent's nor the Landlord's consent shall deliver to Landlord full and complete plans and specifications be required for any proposed non-structural Alterations with respect to any Individual Property unless and until the costs of Alterations at or with respect to such Individual Property for any single Alteration or series of related Alterations shall exceed $100,000. Any and all Alterations to any Individual Property shall without further act become the property of the Landlord and subject to the Lien of the Applicable Mortgage, except for trade fixtures, movable equipment or furniture owned by the Tenant. Upon the expiration or termination of this Lease, the Landlord or the Agent may require the Tenant to remove any and all Alterations andfor which consent was required hereunder and which were made without having obtained such consent of the Landlord and the Agent as well as all fixtures, if consent by equipment and other improvements installed on such Individual Property other than fixtures, equipment or other improvements constituting a part of the Applicable Project. In the event the Landlord is givenor the Agent so elects, all and the Tenant fails to remove such work shall be performed property, the Landlord or the Agent may remove the same at the Tenant's expense by Landlord or by Tenant at Tenant's election. cost, and the Tenant shall pay to the Landlord or the Agent, as the case may be, on demand all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any therewith. The Tenant Alterationsshall be responsible for the cost of repairing all damage to such Individual Property resulting from the removal of such property, including, without limitation, Landlord's review except to the extent arising out of the Plans and Specifications. Without limiting the generality gross negligence or willful misconduct of the foregoing, Landlord may require Tenant, at or the Agent. The Tenant's sole cost obligations pursuant to this Section 11.1 shall constitute Supplemental Rent and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (shall survive the expiration or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes sooner termination of this Lease other than and the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant AlterationsReimbursement Agreement.
Appears in 1 contract
Samples: Master Lease (Carmike Cinemas Inc)
Tenant Alterations. Without Landlord's prior approval and subsequent to completion of Tenant (so long as the Tenant Improvementsis Diamond Resorts Corporation or an affiliate, Tenant subsidiary, related entity or Permitted Transferee (as defined in Section 22.2) thereof (collectively, the “Permitted Tenant”)) may make improvementsany alterations, additions, installations, decorations and changes improvements or additions to the Premises that (collectively “Tenant Alterations”) without Landlord’s consent if such Tenant Alterations are non-structural, and the costs of all such non-structural Tenant Alterations performed in any calendar year do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period 100,000.00 ("Permitted “Exempt Tenant Alterations"”). If the then current Tenant is not a Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted AlterationsTenant, Tenant shall not make commence any alterationsTenant Alterations without Landlord’s prior written consent in each instance. Any Tenant Alterations and Exempt Tenant Alterations shall at all times comply fully with all applicable federal, additions state and municipal laws, ordinances, regulations, recorded covenants and restrictions, codes and other governmental requirements now or improvements hereafter in or force. Except for Exempt Tenant Alterations with respect to the PremisesPermitted Tenant only, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver provide Landlord with a written request for approval of Tenant Alterations that Tenant would like to make with proposed detailed plans. Landlord full and complete shall have the right to condition Landlord’s prior written consent for any Tenant Alteration upon Tenant’s: (i) providing Landlord with plans and specifications for any proposed the Tenant Alterations for Landlord’s prior written approval; (ii) obtaining a building permit and complying with all building and planning laws and regulations for Tenant Alterations from appropriate governmental agencies; (iii) furnishing a copy of such building permit and evidence of such compliance to Landlord prior to the commencement of such work; (iv) complying with all the conditions of such building permit and such building and planning laws and regulations; (v) providing Landlord with a copy of the construction contract, construction schedule and list of subcontractors and suppliers for Landlord’s prior written approval; (vi) obtaining a builder’s “all risk” insurance policy in an amount and issued by insurance company acceptable to Landlord, naming Landlord as an additional insured and otherwise satisfying the requirements of Article 11 of this Lease; and, if consent (vii) providing Landlord with ten (10) days written notice prior to commencing any such work. Landlord’s approval of the plans, specifications and working drawings for any Tenant Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Landlord shall not be liable for any damage, loss, or prejudice suffered or claimed by Landlord is givenTenant, all its agents or any other person or entity on account of: (a) the approval or disapproval of any plans, contracts, bonds, contractors, sureties or matters; (b) the construction or performance of any work whether or not pursuant to approved plans; (c) the improvement of any portion of the Premises or alteration or modification to any portion of the Premises; or, (d) the enforcement or failure to enforce any of the covenants, conditions and restrictions contained in this Lease. All work with respect to any Tenant Alterations shall be done in a good and workmanlike manner by properly qualified and licensed personnel, and such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's electiondiligently prosecuted to completion. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Any such Tenant Alterations, includingincluding any roof penetration, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, shall be made at Tenant's ’s sole cost and expense, expense and in such manner as to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (not void or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make detrimentally affect any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore warranty benefiting the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterationsany portion thereof.
Appears in 1 contract
Samples: Lease (Diamond Resorts Parent, LLC)
Tenant Alterations. Without Landlord's prior approval and subsequent to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes 3. Except as otherwise expressly provided in this Lease to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installationcontrary, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements no changes in or to the Premises, or make changes to locks on doors, or add, disturb or in demised premises of any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), nature without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that LandlordOwner's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affectedprior written consent. Tenant shall utilize contractors or mechanics first approved by Owner with respect to all alterations to the Building. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof, and shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, promptly duplicates of all such permits, approvals and certificates to Owner, and Tenant agrees to carry, and will cause Tenant's contractors and sub-contractors to carry, such worker's compensation, commercial general liability, personal and property damage insurance as Owner may require.. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be performed at Tenant's expense by Landlord or discharged by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenantwithin thirty (30) days thereafter, at Tenant's sole cost and expense, to obtain and by payment or filing a bond as permitted by law. Except as expressly provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), otherwise in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, all fixtures and all paneling, partitions, railings and like installations, installed in the demised premises at law any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises. Nothing in equity, this article shall be construed to require Tenant to remove some or all of Tenant Alterationsgive Owner title to, or to prevent Tenant's removal of, trade fixtures, moveable office furniture and equipment, but upon installation or removal of same from the demised premises and/or upon the installation or removal of other installations as may be permitted or required by Owner pursuant to the terms of this Lease, Tenant shall immediately, and at Landlord's electionits expense, Landlord may remove such Tenant Alterations repair and restore the Premises demised premises and/or the Building to the condition existing prior to any such installation and/or removal, and repair any damage to the demised premises or the Building due to such installation and/or removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the demised premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the demised premises by Owner, at Tenant's expense. Nothing contained in this paragraph To the extent within Owner’s possession, upon reasonable request from Tenant, Owner shall make available for Tenant’s review during Business Hours on Business Days, without any cost or expense to Owner, copies of Owner’s plans and specifications relating to the paragraph captioned "demised premises which may affect or be affected by any alteration, addition or improvement proposed by Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterations.
Appears in 1 contract
Samples: Premier Exhibitions, Inc.
Tenant Alterations. Without Landlord's prior approval and subsequent to completion of the Tenant Improvements3. Except as otherwise expressly set forth in this Lease, Tenant may shall make improvementsno changes in or to the demised premises of any nature without Owner’s prior written consent. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner, and Tenant agrees to carry, and will cause Tenant’s contractors and sub-contractors to carry, such worker’s compensation, general liability, personal and property damage insurance as is specified in this Lease. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days after notice thereof, at Tenant’s expense, by payment or filing a bond as permitted by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, decorations installed in the demised premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and changes shall remain upon and be surrendered with the demised premises. Nothing in this article shall be construed to give Owner title to, or to prevent Tenant’s removal of, trade fixtures, moveable office furniture and equipment, but upon removal of same from the demised premises or upon removal, of other installations as may be required by Owner pursuant to the terms hereof. Tenant shall immediately, and at its expense, repair any damage to the demised premises or the building due to such removal. Notwithstanding the foregoing, Tenant will (upon request of Owner given no more than ninety (90) days prior to the Expiration Date) be required to remove any safes, vaults, raised computer floors, library and file storage systems, antennas, dishes and internal stairways to the extent not existing in the Demised Premises that do not affect Building systems as of the Commencement Date (other than minor electrical work or minor plumbing work inside the Premises) or structural componentscollectively, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve“Non-month period ("Permitted Standard Alterations"”). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Except for Non-Standard Alterations, Tenant shall not make have no obligation to remove any alterations, additions alterations or improvements in or restore the Demised Premises. Tenant’s obligation to the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant remove Non-Standard Alterations"), without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent so requested by Landlord is givenOwner, all such work shall survive the termination of this Lease. All property permitted or required to be performed at Tenant's expense by Landlord or removed by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review the end of the Plans term remaining in the demised premises after Tenant’s removal shall be deemed abandoned and Specifications. Without limiting may, at the generality election of Owner, either be retained as Owner’s property or may be removed from the foregoing, Landlord may require Tenantdemised premises by Owner, at Tenant's sole cost and ’s expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterations.
Appears in 1 contract
Samples: Atari Inc
Tenant Alterations. Without Landlord's prior approval (a) Tenant shall have the right to make changes and subsequent to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes alterations to the Demised Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements in or to the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations")) in accordance with the following provisions. Tenant may, without first obtaining at its sole expense, from time to time, redecorate the interior of the Demised Premises and make such nonstructural interior Tenant Alterations as Tenant deems expedient or necessary for its purposes, provided that (i) Tenant obtains Landlord's prior written consent of Landlordif the Tenant Alterations are reasonably expected to exceed $10,000.00 in the aggregate, which consent Landlord shall not unreasonably be withheldwithhold, conditioned condition or delayed; delay, (ii) such Tenant Alterations neither impair the structural soundness nor diminish the value of the Building, and (iii) such Tenant Alterations do not unreasonably interfere with other tenants' operation of their businesses in the Building. Tenant may, at its sole expense, from time to time, make exterior or structural Tenant Alterations provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premisesi) or structural components of the Building are affected. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without obtains Landlord's prior written consent, or without satisfaction which consent Landlord may withhold in its sole discretion, and (ii) the Tenant Alterations neither impair the structural soundness nor diminish the value of any conditions established by Landlordthe Building, and (iii) the Tenant Alterations do not unreasonably interfere with other tenants' operation of their businesses in the Building. Landlord shall have the right, in addition to execute and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all deliver upon request of Tenant Alterations, such instrument or at Landlord's election, instruments embodying the approval of Landlord which may remove be required by any public or quasi-public authority for the purpose of obtaining any licenses or permits for the making of such Tenant Alterations to the Demised Premises and restore the Premises at Tenant's expense. Nothing contained in this paragraph Tenant agrees to pay for such licenses or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterationspermits.
Appears in 1 contract
Samples: Lease (Cross Country Inc)
Tenant Alterations. Without Landlord's prior approval and subsequent The Tenant agrees not to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes or allow to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make be made any alterations, improvements, additions or improvements physical changes in or about any Individual Property, other than those constituting part of an Applicable Project as shown on the Applicable Plans and Specifications or modifications thereto consented to by the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring Landlord and the Agent (individually and collectively the "Tenant Alterations"), without first obtaining the written consent of Landlordthe Landlord and the Agent in each instance, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent (A) may be withheld by either the Landlord or the Agent, each in Landlord's absolute discretion its sole discretion, if Building systems the proposed Alterations (other than minor electrical work or minor plumbing work inside i) adversely affect the Premises) or structural components of the Building are affected. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations andImprovements on such Individual Property, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review (ii) reduce the value or utility of the Plans Improvements on such Individual Property, and Specifications(B) in all other cases, shall not be unreasonably withheld or delayed, but may be given on such reasonable conditions as the Landlord and the Agent may elect, including but not limited to receipt of evidence satisfactory to the Landlord and the Agent that the Tenant has adequate funds to complete such Alterations. Without limiting the generality of Notwithstanding the foregoing, Landlord may require Tenant, at Tenantneither the Agent's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without nor the Landlord's prior written consentconsent shall be required for any non-structural Alterations with respect to any Individual Property unless and until the costs of Alterations at or with respect to such Individual Property for any single Alteration or series of related Alterations shall exceed $100,000. Any and all Alterations to any Individual Property shall without further act become the property of the Landlord and subject to the Lien of the Applicable Mortgage, except for trade fixtures, movable equipment or without satisfaction furniture owned by the Tenant. Upon the expiration or termination of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law the Landlord or in equity, to the Agent may require the Tenant to remove some or any and all of Tenant Alterations, or at Landlord's election, Landlord may remove Alterations for which consent was required hereunder and which were made without having obtained such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver consent of the provisions of Landlord and the paragraph captioned "Mechanic's Liens". For Agent as well as all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterations.fixtures,
Appears in 1 contract
Samples: Master Lease (Carmike Cinemas Inc)
Tenant Alterations. Without Landlord's prior approval and subsequent to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 Until Total Rent is paid in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterationsfull, Tenant shall not make any alterations, additions or improvements in or to the Premises, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations")make, without first obtaining the Landlord’s prior written consent of Landlord, which shall not be unreasonably be withheld, conditioned or delayed; provided that , any material alterations, improvement, repairs or additions to and upon the Premises and shall not demolish the Building. After Total Rent is paid in full, Tenant from time to time without Landlord's ’s consent may make such alterations, improvements, repairs, and additions to and upon the Premises and the Building thereon and may install therein such Personalty and other property as it may consider advisable; provided, that no such actions may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work taken prior to the expiration or minor plumbing work inside the Premises) or structural components termination of the Building are affected. Tenant shall deliver to Hosting Services Agreement if such actions would prevent Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all from performing its obligations under the Hosting Services Agreement in the same manner as it performs such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review obligations as of the Plans and SpecificationsCommencement Date. Without limiting the generality foregoing, after the expiration or termination of the foregoingHosting Services Agreement, Landlord may require TenantTenant may, at its sole election, demolish the Building and, at its election, construct a new building. In connection therewith, Tenant shall, at Tenant's sole cost and ’s expense, apply for any building permits required for the construction thereof. In connection therewith, at the request and expense of Tenant, Landlord shall: (a) cooperate to the extent necessary to obtain any required permits; (b) join with Tenant in all applications and provide proceedings; (c) agree (under a separate agreement to be negotiated in good faith by Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable Tenant) to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require allow Tenant to remove some or connect all sanitary wastewater systems of Tenant Alterationsthe Building and all other alterations, or at Landlord's election, Landlord may remove such Tenant Alterations improvements and restore additions to the Premises at Tenant's expense. Nothing contained in this paragraph to the existing sanitary wastewater treatment and disposal system maintained by Landlord on the Entire Parcel; and (d) execute all agreements, easements and dedications required by government agencies, as a condition to the issuance of such permits but only to the extent any such agreements, easements and/or dedications (i) affect only the Premises or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver affect any other portion of the provisions Entire Parcel in a non-material manner and (ii) do not affect the operation of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterations’s business in any materially adverse manner.
Appears in 1 contract
Tenant Alterations. Without Landlord's prior approval and subsequent to completion of the Tenant Improvements, Tenant may make improvements, additions, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted AlterationsExcepting Tenant’s Work, Tenant shall not make any alterations, additions structural or improvements in or nonstructural alterations to the Premises, Demised Premises or make changes alterations to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), the storefront of the Demised Premises without first obtaining the prior written consent of Landlord, which consent shall not unreasonably be unreasonable withheld, conditioned or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense by Landlord or by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, however, at its expense, from time to time to redecorate the Demised Premises and to make such nonstructural alterations and leasehold improvements in addition such parts thereof as it shall deem expedient or necessary for its purposes; provided, however, that any such redecoration or leasehold improvements shall not impair the structural strength or integrity of the Demised Premises, nor materially diminish its value, and shall be done in a good and workmanlike manner. Prior to and without limitation commencement of any right such alterations or remedy improvements, Tenant shall have obtained comprehensive public liability insurance, as hereinafter provided applying to its activities, and shall deliver to Landlord proof, satisfactory to Landlord, that all workers connected with said activities of the Tenant are adequately covered by worker’s compensation insurance and shall save the Landlord harmless on account of the filing of any mechanics liens or for any other cause arising from the making of any such alterations or improvements, including the posting of a bond if Landlord deems it necessary. The Landlord shall not be liable for any loss of or damage to any fixtures, equipment or other property installed or located in the Demised Premises or for any work performed therein by Tenant or Tenant’s agents, employees, or contractors. Landlord shall execute and deliver, at Tenant’s expense, upon request of Tenant, such instrument or instruments embodying the approval of Landlord which may have under reasonably be required by any public or quasi-public authority for the purpose of obtaining any license or permit for the making of such alterations, changes and/or installations in, to or upon the Demised Premises as may be permitted hereunder. Any redecoration, alterations, changes, improvements and installations which may be so constructed or added shall, at the end of the Term of this Lease, or any extension thereof, at law or in equitythe election of the Landlord, to require be considered as improvements and become a part of the Property, and Tenant shall have no right to remove some the same; provided, however, Tenant shall remove, prior to the expiration of the Term, any such redecorations, alterations, changes, installation or all improvements (and may remove, in any event, its trade fixtures) which Landlord required to be removed in wirting when Landlord gave consent for such improvements, and in such event Tenant shall repair any damage to the Demised Premises caused by such removal. Tenant shall be responsible and pay to Landlord the entire amount of Tenant Alterationsany real estate taxes attributable to any alterations, additions, or improvements made by Tenant pursuant to this Article. Notwithstanding the foregoing, the Tenant shall not be obligated to remove any of Tenant’s Work at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver end of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant AlterationsTerm.
Appears in 1 contract
Tenant Alterations. Without LandlordTenant shall make no changes in or to the Demised Premises of any nature without Owner's prior approval written consent. Subject to the prior written consent of Owner, and subsequent to completion the provisions of the Tenant Improvementsthis Article, Tenant at Tenant's expense, may make improvements, additionsalterations, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements in which are nonstructural and which do not affect utility services or plumbing and electrical lines, on or to the interior of the Demised Premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any government or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and subcontractors to carry such workxxx'x xxxpensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the Demised Premises, or make changes the Building of which the same forms a part, for work claimed to locks on doorshave been done for, or addmaterials furnished to, disturb Tenant, whether or in any way change any floor coveringnot done pursuant to this Article, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work same shall be performed at Tenant's expense by Landlord or discharged by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenantwithin thirty days thereafter, at Tenant's sole cost and expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shelf, upon installation, become the property of Owner and shall remain upon and be surrendered with the Demised Premises unless Owner, by notice to obtain and provide Landlord with proof Tenant no later than twenty days prior to the date fixed as termination of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or elects to relinquish Owner's right thereto and to have them removed by Tenant, in equitywhich event the same shall be removed from the premises by Tenant prior to the expiration of the Lease, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. , Nothing contained in this paragraph Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the Demised Premises or the paragraph captioned "Building due to such removal. All property permitted or required to be removed, by Tenant at the end of the term remaining In the premises after Tenant's Work Performance" removal shall be deemed a waiver abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the provisions of the paragraph captioned "Mechanicpremises by Owner, at Tenant's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterationsexpense.
Appears in 1 contract
Samples: Virage Inc
Tenant Alterations. Without Landlord3. Tenant shall make no changes in or to the demised premises of any nature without Owner's prior approval written consent. Subject to the prior written consent of Owner, and subsequent to completion the provisions of the Tenant Improvementsthis article, Tenant at Tenant's expense, may make improvements, additionsalterations, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premisesinterior of the demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workxxx'x xxxpensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or make changes the building of which the same forms a part, for work claimed to locks on doorshave been done for, or addmaterials furnished to, disturb Tenant, whether or in any way change any floor coveringnot done pursuant to this article, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is given, all such work same shall be performed at Tenant's expense by Landlord or discharged by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenantwithin thirty days thereafter, at Tenant's sole cost and expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner in Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to obtain Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord)have them removed by Tenant, in formswhich event the same shall be removed from the premises by Tenant prior to the expiration of the lease, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the paragraph captioned "building due to such removal. All property permitted or required to be removed, by Tenant at the end of the term remaining in the premises after Tenant's Work Performance" removal shall be deemed a waiver abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the provisions of the paragraph captioned "Mechanicpremises by Owner, at Tenant's Liens"expense. For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterations.MAINTENANCE AND REPAIRS
Appears in 1 contract
Samples: Agreement (Mikes Original Inc)
Tenant Alterations. Without Landlord's prior approval A. Tenant, at its sole cost and subsequent to completion of the Tenant Improvementsexpense, Tenant may make improvementsshall cause any permitted alterations, additionsdecorations, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements in or to about the PremisesDemised Premises (collectively, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, or wiring (individually and collectively "Tenant Alterations"), without first obtaining to be performed in a first-class manner, in compliance with all Legal Requirements and all requirements of insurance bodies having jurisdiction over the consent Building, the applicable provisions of LandlordArticle 3, which shall this Article 47, Article 50 of this Lease, and in such manner as not unreasonably be withheldto materially or adversely interfere with, conditioned delay, or delayed; provided that Landlord's consent may be withheld impose any additional expense upon Landlord in Landlord's absolute discretion if Building systems (other than minor electrical work the maintenance or minor plumbing work inside the Premises) or structural components operation of the Building are affectedBuilding. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed In addition, Tenant Alterations and, if consent by Landlord is given, all such work shall be performed at Tenant's expense in compliance with Landlord’s standard Rules and Regulations with respect to Tenant Alterations (which Rules and Regulations may be modified by Landlord or by Tenant at from time to time upon no less than ten (10) days’ notice to Tenant's election), the current version of which is attached hereto as Exhibit E and made a part hereof (the “Rules and Regulations”), provided, however, to the extent there is a conflict between the Rules and Regulations and this Lease, this Lease shall control. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review of the Plans and Specifications. Without limiting the generality of the foregoing, Landlord may require Tenant, at Tenant's its sole cost and expense, and with diligence and dispatch, but in any event within thirty (30) days after the receipt of notice thereof, pay all fines and penalties related thereto and shall procure the cancellation or discharge of all notices of violation arising from or otherwise connected with Tenant Alterations which shall be issued by the Department of Buildings or any other public authority having or asserting jurisdiction over the Building, provided however, if Tenant commenced to obtain and provide Landlord cause such violation to be cancelled or discharged within the aforesaid 30-day period but such violation cannot be cancelled or discharged with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord)reasonable diligence within such 30-day period, then Tenant shall not be in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have default under this Lease, at law Lease so long as Tenant continues to prosecute the cancellation or in equity, to require Tenant to remove some or all discharge of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterationsviolation with reasonable commercial diligence until completed.
Appears in 1 contract
Samples: Premier Exhibitions, Inc.
Tenant Alterations. Without Landlord's 3. Tenant shall make no changes in or to the demised premises of any nature without Owner’s prior approval written consent. Subject to the prior written consent of Owner, and subsequent to completion the provisions of the Tenant Improvementsthis article and Article 48; Tenant, Tenant at Tenant’s expense, may make improvements, additionsalterations, installations, decorations and changes to the Premises that do not affect Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components, the cost of which shall not exceed $25,000.00 in any one instance or $50,000.00 in the aggregate in any twelve-month period ("Permitted Alterations"). If Permitted Alterations will involve any drywall installation, Tenant shall give Landlord at least five (5) days' advance notice of such work. Other than Permitted Alterations, Tenant shall not make any alterations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Premisesinterior of the demised premises, by using contractors or mechanics first approved in each instance by Owner, which approval shall not be unreasonably withheld or delayed. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof, and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner, and Tenant agrees to carry, and will cause Tenant’s contractors and sub-contractors to carry, such worker’s compensation, general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic’s lien is filed against the demised premises, or make changes the building of which the same forms a part, for work claimed to locks on doorshave been done for, or addmaterials furnished to, disturb Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant’s expense, by payment or filing a bond as permitted by law. All fixtures and all paneling, partitions, railings and like installations, installed in the demised premises at any way change any floor coveringtime, wall coveringeither by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises. Nothing in this article shall be construed to give Owner title to, or to prevent Tenant’s removal of, trade fixtures, plumbingmoveable office furniture and equipment, but upon removal of same from the demised premises or wiring (individually and collectively "Tenant Alterations")upon removal, without first obtaining the consent of Landlord, which shall not unreasonably be withheld, conditioned or delayed; provided that Landlord's consent other installations as may be withheld in Landlord's absolute discretion if Building systems (other than minor electrical work or minor plumbing work inside the Premises) or structural components of the Building are affected. required by Owner, Tenant shall deliver immediately, and at its expense, repair and restore the demised premises to Landlord full the condition existing prior to any such installations, and complete plans and specifications for repair any proposed Tenant Alterations and, if consent by Landlord is given, all damage to the demised premises or the building due to such work shall removal. All property permitted or required to be performed at Tenant's expense by Landlord or removed by Tenant at Tenant's election. Tenant shall pay to Landlord all reasonable costs incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterations, including, without limitation, Landlord's review the end of the Plans term remaining in the demised premises after Tenant’s removal shall be deemed abandoned and Specifications. Without limiting may, at the generality election of Owner, either be retained as Owner’s property or may be removed from the foregoing, Landlord may require Tenantdemised premises by Owner, at Tenant's sole cost and ’s expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond (or other evidence of fiscal responsibility reasonably acceptable to Landlord), in forms, amounts and by companies reasonably acceptable to Landlord. Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any conditions established by Landlord, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove some or all of Tenant Alterations, or at Landlord's election, Landlord may remove such Tenant Alterations and restore the Premises at Tenant's expense. Nothing contained in this paragraph or the paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens". For all purposes of this Lease other than the obligation to obtain Landlord's prior consent, Permitted Alterations are Tenant Alterations.
Appears in 1 contract
