Common use of Tenant Alterations Clause in Contracts

Tenant Alterations. 5.1.1 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 Telecommunication Facilities (individually and collectively “Tenant Alterations”), without first obtaining the consent of Landlord which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, Tenant shall not be required to obtain Landlord’s prior written consent to any cosmetic, non-structural alterations of the Premises (a “Cosmetic Alteration”), so long as (i) the total costs of such Cosmetic Alteration do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) per floor of the Premises, (ii) such Cosmetic Alteration does not affect the structure of the Building or any operating systems of the Building, (iii) Tenant is not required by applicable Governmental Requirements to obtain a permit to perform such Cosmetic Alteration, and (iv) such Cosmetic Alteration does not violate or render invalid the certificate of occupancy for the Building or the Premises; provided, however, Tenant shall be required to provide Landlord with prior written notice thereof, and Landlord shall have the right to reasonably request additional information and documentation to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this Section. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is either required or given, as applicable, all such work shall be performed by Tenant at Tenant’s sole cost and expense. 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 for Tenant Alterations where the cost thereof is equal to or greater than One Hundred Thousand and No/100 Dollars ($100,000.00), in forms, amounts and by companies acceptable to Landlord. Upon completion of any Tenant Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Francisco in accordance with Section 8182 of the Civil Code of the State of California or any successor statute.

Appears in 2 contracts

Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)

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Tenant Alterations. 5.1.1 Tenant shall not make any installations, alterations, additions improvements, or improvements in or the like to the PremisesPremises without, in each case, first obtaining Landlord's written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or make changes to locks on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively “Tenant Alterations”), without first obtaining the consent of Landlord like which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, Tenant shall not be required to obtain Landlord’s prior written consent to any cosmetic, non-structural alterations of the Premises (a “Cosmetic Alteration”), so long as (i) the total costs of such Cosmetic Alteration do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) per floor of the Premises, (ii) such Cosmetic Alteration does not may affect the structure of the Building Premises, or any operating systems (ii) are on the exterior of the BuildingPremises, or (iii) require cutting or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roof. Notwithstanding the foregoing, Tenant may make purely cosmetic alterations, and other minor alterations which are: (i) non structural in nature, (ii) do not affect the Building systems in any way, (iii) Tenant is do not required by applicable Governmental Requirements to obtain a permit to perform such Cosmetic Alterationin any way affect the exterior appearance of the Building, and (iv) such Cosmetic Alteration does cost a total during any twelve (12) month period of $50,000.00 or less ("Alterations Threshold"), without Landlord's prior written consent provided that Tenant notifies Landlord in writing of Tenant's intent to undertake the same prior to commencing any work related thereto, and further provided that the same are performed in accordance with the requirements of this Lease. Landlord will not violate unreasonably withhold, condition or render invalid delay its consent to any purely cosmetic alterations and other minor alterations which are non structural in nature, do not affect the certificate Building's structures or systems in any way, and cost in excess of occupancy for the Alterations Threshold to perform. All other approvals shall be in Landlord's sole and absolute discretion. For the purposes hereof, any erection, removal or relocation of walls shall be deemed to be structural in nature. Requests must be in writing and detailed to Landlord's reasonable satisfaction. Tenant shall immediately discharge any lien which is filed against the Premises, the Building or the Premises; provided, however, Tenant shall be required to provide Landlord with prior written notice thereof, and Landlord shall have the right to reasonably request additional information and documentation to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this SectionProperty as a result of work performed by or on behalf of Tenant. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is either required or given, as applicable, all such work shall be performed by Tenant at Tenant’s sole cost and expense. 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, includingnot, without limitationLandlord's prior written consent, Landlord’s review display any sign, logo, lettering, or the like on the outside of the Plans and Specifications. Without limiting Premises, or on the generality inside of the foregoing, Landlord may require Tenant, at Tenant’s sole cost and expense, Premises in such a manner as to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond for Tenant Alterations where be visible from the cost thereof is equal to or greater than One Hundred Thousand and No/100 Dollars ($100,000.00), outside. Except as expressly provided in forms, amounts and by companies acceptable to Landlord. Upon completion of any Tenant Alterationsthis Section 4.04, Tenant agrees may not make any alterations, improvements, door lock changes or other modifications to cause a Notice the Premises without the prior written consent of Completion to be recorded in the office of the Recorder of the County of San Francisco in accordance with Section 8182 of the Civil Code of the State of California or any successor statuteLandlord.

Appears in 2 contracts

Samples: Sutron Corp, Sutron Corp

Tenant Alterations. 5.1.1 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 Premises of any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively “Tenant Alterations”), nature without first obtaining the consent of Landlord which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, Tenant shall not be required to obtain Landlord’s prior written consent (and which consent shall not be required for purely decorative alterations such as painting, wall coverings and floor coverings which do not require the preparation and filing of plans to any cosmeticobtain a building permit). Notwithstanding the foregoing, Landlord shall not unreasonably withhold, delay or condition its consent to alterations so long as such alterations (i) are non-structural alterations and do not affect the exterior of the Premises (a “Cosmetic Alteration”)Building, so long as (i) the total costs of such Cosmetic Alteration do not exceed Fifty Thousand utility services or plumbing and No/100 Dollars ($50,000.00) per floor of the Premiseselectrical lines or other Building systems, (ii) are performed only by Landlord’s designated contractors or by contractors reasonably approved by Landlord to perform such Cosmetic Alteration does alterations, (iii) affect only the Premises and are not affect the structure visible from outside of the Building Premises or any operating systems of the Building, (iii) Tenant is not required by applicable Governmental Requirements to obtain a permit to perform such Cosmetic Alteration, and (iv) such Cosmetic Alteration does do not violate or render invalid affect the certificate Certificate of occupancy Occupancy issued for the Building or the Premises; provided, however(v) are consistent with the design, construction and equipment of the Building, (vi) do not adversely affect or increase the cost of any service furnished by Landlord to Tenant or to any other tenant of the Building, (vii) do not violate or adversely affect any landmark designation affecting the Building (including, without limitation, insuring conformance with the Secretary of Interior’s Standards for Rehabilitation as interpreted by the State Historic Preservation Office and the National Park Service and any and all New York City landmark regulations), and (viii) do not violate any laws or cause the Premises or the Building to be non-compliant with any laws. 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 Landlord 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 Landlord may reasonably require. If any mechanic’s lien is filed against the 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 thereafter, at Tenant’s expense, by payment or filing the bond which may be 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 Landlord on Tenant’s behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant, given at the time Landlord consents to such alteration, elects to relinquish Landlord’s right thereto and to have them removed by Tenant, in which event the same shall be removed from the Premises by Tenant prior to the expiration of the Lease, at Tenant’s expense, provided that Tenant’s obligation to remove shall not extend to Landlord’s Initial Work or Tenant’s Work (as hereinafter defined). Nothing in this Article shall be construed to give Landlord 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 Landlord, Tenant shall be immediately and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Premises or the Building due to such removal. All property required to provide Landlord with prior written notice thereof, and Landlord shall have the right to reasonably request additional information and documentation to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this Section. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is either required or given, as applicable, all such work shall be performed removed by Tenant at the end of the term remaining in the Premises after Tenant’s sole cost removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the Premises by Landlord, at Tenant’s expense. Tenant shall pay to Landlord or its designee, within ten (10) Business Days after demand, all reasonable out-of-pocket costs actually incurred by Landlord for any architecture, engineering, supervisory and/or legal services in connection with any Tenant Alterationsalterations, including, without limitation, including costs incurred in connection with (a) Landlord’s cost to review the alterations (including review of requests for approval thereof) and (b) the Plans and Specifications. Without limiting provision of Building personnel during the generality performance of the foregoing, Landlord may require Tenant, at any alteration required by trade union policy to operate elevators or otherwise to facilitate Tenant’s sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond for Tenant Alterations where the cost thereof is equal to or greater than One Hundred Thousand and No/100 Dollars ($100,000.00), in forms, amounts and by companies acceptable to Landlord. Upon completion of any Tenant Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Francisco in accordance with Section 8182 of the Civil Code of the State of California or any successor statutealterations.

Appears in 1 contract

Samples: Agreement of Lease (Merisel Inc /De/)

Tenant Alterations. 5.1.1 Tenant shall not make any installations, alterations, improvements, or the like to the Premises without in each case first obtaining Landlords written consent. Landlord may grant or withhold its consent in its sole and absolute discretion in the case of any proposed installation, alteration, improvements, or the like which (i) may affect the structure of the Premises, or (ii) are on the exterior of the Premises, or (iii) require cutting or drilling into the Premises, or securing of any item to any part of the Premises, or penetrating the roof. If Landlord elects to require that alterations, installations, changes, replacements, additions or improvements in or made by Tenant to the PremisesPremises be removed at the termination of this Lease, then Tenant hereby agrees to cause the same to be removed at its sole cost and expense. If Tenant fails to remove the same, then Landlord may cause them to be removed at Tenant’s expense, and Tenant hereby agrees to reimburse Landlord for the cost of such removal, together with any and all damages which Landlord may suffer and sustain by reason of Tenant’s failure to remove the same. Alternatively, Landlord may elect that any or make changes all of the alterations, installations, changes, replacements, additions to locks or improvements made by Tenant to the Premises shall remain at the termination of this Lease and not be removed. Tenant shall immediately discharge any lien which is filed against the Premises or the Project as a result of work performed by or on doors, or add, disturb or in any way change any floor covering, wall covering, fixtures, plumbing, wiring or Telecommunication Facilities (individually and collectively “behalf of Tenant. Tenant Alterations”)shall not, without first obtaining the consent of Landlord which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, Tenant shall not be required to obtain Landlord’s prior written consent as to the size, design, location, type of composition or material and lighting thereof, display any cosmeticsign, non-structural alterations of logo, lettering, or the Premises (a “Cosmetic Alteration”), so long as (i) like on the total costs of such Cosmetic Alteration do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) per floor outside of the Premises, (ii) such Cosmetic Alteration does not affect the structure of the Building or any operating systems of the Building, (iii) Tenant is not required by applicable Governmental Requirements to obtain a permit to perform such Cosmetic Alteration, and (iv) such Cosmetic Alteration does not violate or render invalid the certificate of occupancy for the Building or the Premises; providedProject, however, Tenant shall or on the inside of the Premises in such a manner as to be required to provide Landlord with prior written notice thereof, and Landlord shall have visible from the right to reasonably request additional information and documentation to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this Sectionoutside. Tenant shall deliver to Landlord full maintain any sign, logo, lettering, or the like in good condition and complete plans repair at all times, and specifications for shall pay any proposed Tenant Alterations andtaxes imposed thereon. Notwithstanding the foregoing, if consent by Landlord is either required or given, as applicable, all such work Building standard signage shall be performed by available to Tenant at Tenant’s sole cost and expense. 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 for Tenant Alterations where the cost thereof is equal to or greater than One Hundred Thousand and No/100 Dollars ($100,000.00), in forms, amounts and by companies acceptable to Landlord. Upon completion of any Tenant Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Francisco in accordance with Section 8182 of the Civil Code of the State of California or any successor statute.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Potomac Realty Trust)

Tenant Alterations. 5.1.1 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 Telecommunication Facilities (individually and collectively “Tenant Alterations”), without first obtaining the consent of Landlord. Notwithstanding the foregoing, Landlord’s consent to Tenant Alterations shall not be required if (i) the same do not affect the structure or exterior appearance of the Building, change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by Landlord which in the Building or require Landlord to make any alterations or additions to the Building, (ii) the cost of any of the foregoing Tenant Alterations, together with all such Tenant Alterations during the prior twelve (12) month period, does not exceed $25,000.00, and (iii) Tenant gives Landlord at least ten (10) days prior notice of any such work. Further, Landlord’s consent to any other Tenant Alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to withheld if the contrary herein, Tenant shall not be required to obtain Landlord’s prior written consent to any cosmetic, non-structural alterations of the Premises (a “Cosmetic Alteration”), so long as (i) the total costs of such Cosmetic Alteration same do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) per floor of the Premises, (ii) such Cosmetic Alteration does not affect the structure or exterior appearance of the Premises or the Building, change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by the Landlord in the Building or require Landlord to make any operating systems of alterations or additions to the Building, (iii) Tenant is not required by applicable Governmental Requirements to obtain a permit to perform such Cosmetic Alteration, and (iv) such Cosmetic Alteration does not violate or render invalid the certificate of occupancy for the Building or the Premises; provided, however, Tenant shall be required to provide Landlord with prior written notice thereof, and Landlord shall have the right to reasonably request additional information and documentation to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this Section. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is either required or given, as applicable, all such work shall be performed at Tenant’s expense by Landlord or by Tenant at TenantLandlord’s sole cost and expenseelection. Tenant shall pay to Landlord all reasonable out-of-pocket 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 plans and Specificationsspecifications for the Tenant Alterations. 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 sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond for Tenant Alterations where the cost thereof is equal to or greater than One Hundred Thousand and No/100 Dollars ($100,000.00)bond, in forms, amounts and by companies acceptable to Landlord. Upon completion 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 agrees to cause Alterations and restore the Premises at Tenant’s expense. Nothing contained in this paragraph or Section 4.5 (“Tenant’s Work Performance”) shall be deemed a Notice of Completion to be recorded in the office waiver of the Recorder provisions of the County of San Francisco in accordance with Section 8182 of the Civil Code of the State of California or any successor statute4.27 (“Construction Liens”).

Appears in 1 contract

Samples: Lease (PharMEDium Healthcare Holdings, Inc.)

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Tenant Alterations. 5.1.1 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, plumbing or wiring or Telecommunication Facilities (individually and collectively "Tenant Alterations"), without first obtaining the consent of Landlord which shall not may be unreasonably withheldwithheld in Landlord's reasonable discretion; provided, conditioned however, with respect to Tenant Alterations that may affect structural, exterior, mechanical or delayedelectrical aspects of the Premises, Landlord may withhold its consent in its sole and absolute discretion. Notwithstanding anything the foregoing, Tenant may make strictly cosmetic changes to the contrary hereinfinish work in the Premises, Tenant shall not be required including any changes affecting the Project structure, appearance, or systems and equipment, without Landlord's consent (but nevertheless requiring at least 10 days' prior notice to obtain Landlord’s prior written consent to any cosmetic, non-structural alterations Landlord and otherwise in compliance with the provisions of the Premises (a “Cosmetic Alteration”this Paragraph 4.4), so long as provided that (i) the total costs cost of any individual change does not exceed Ten Thousand Dollars ($10,000.00), (ii) the aggregate cost of any such Cosmetic Alteration do changes does not exceed Fifty Thousand and No/100 Dollars ($50,000.00) per floor in any consecutive twelve (12) month period, and such changes do not require any structural or other substantial modifications to the Premises, and (iii) no such Tenant Alteration affects structural, exterior, mechanical or electrical aspects of the Premises, (ii) such Cosmetic Alteration does not affect the structure of the Building or any operating systems of the Building, (iii) Tenant is not required by applicable Governmental Requirements to obtain a permit to perform such Cosmetic Alteration, and (iv) such Cosmetic Alteration does not violate or render invalid the certificate of occupancy for the Building or the Premises; provided, however, Tenant shall be required to provide Landlord with prior written notice thereof, and Landlord shall have the right to reasonably request additional information and documentation to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this Section. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is either required or given, as applicable, all such work shall be performed at Tenant's expense by Tenant at Tenant’s sole cost and expense(a "Permitted Alteration"). Tenant shall pay to Landlord all reasonable out-of-pocket costs incurred by Landlord for any architecturearchitectural, engineering, supervisory and/or legal services in connection with any Tenant Alterations, Alterations including, without limitation, Landlord’s 's review of the Plans and SpecificationsPlans. Without limiting the generality of the foregoing, Landlord may require Tenant, Tenant at Tenant’s 's sole cost and expense, to obtain and provide Landlord with proof of insurance coverage and a payment and performance bond for Tenant Alterations where the cost thereof is equal to or greater than One Hundred Thousand and No/100 Dollars ($100,000.00)bond, in forms, amounts and by companies acceptable to Landlord. Upon completion 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 the Tenant Alterations at Tenant's sole cost and expense and restore the Premises to the same condition existing prior to undertaking the Tenant Alterations, or, at Landlord's election, Landlord may remove such Tenant agrees Alterations and restore the Premises at Tenant's expense. All Tenant Alterations to cause a Notice the Premises, regardless of Completion which party constructed them or paid for them, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided, however, at Landlord's sole election Tenant shall be obligated, at its sole cost and expense, to be recorded in the office remove all (or such portion as Landlord shall designate) of the Recorder Tenant Alterations and Tenant Improvements and repair any damage resulting from such removal and return the Premises to the same condition existing prior to the undertaking upon the expiration or earlier termination of this Lease. If Tenant fails to remove any such Tenant Alterations as required by Landlord's consent, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) Business Days after Tenant's receipt of Landlord's written demand therefor. Tenant shall have the right, at the time it requests Landlord's consent and delivers all plans and specifications to any Tenant Alteration to make a written request that Landlord notify Tenant whether Tenant shall be obligated to remove the applicable Tenant Alteration at the end of the County of San Francisco Lease Term, in accordance with Section 8182 which event Tenant shall only be obligated to remove (i) those Tenant Alterations that Landlord notified Tenant it must remove at the end of the Civil Code Lease Term at the same time of and in connection with Tenant's requested approval of the State Tenant Alterations, and (ii) those Tenant Alterations that Tenant did not seek or did not obtain Landlord's written consent to leave in place at the end of California the Lease Term, and that Landlord requires Tenant to remove. Tenant shall reimburse Landlord, upon receipt of demand therefor, for all reasonable out of pocket costs and expenses incurred by Landlord during its review of Tenant's plans and specifications (regardless of whether Landlord approves Tenant's request) and Tenant's construction. Nothing contained in this paragraph or any successor statutethe paragraph captioned "Tenant's Work Performance" shall be deemed a waiver of the provisions of the paragraph captioned "Mechanic's Liens."

Appears in 1 contract

Samples: Lease (MRV Communications Inc)

Tenant Alterations. 5.1.1 After Tenant’s construction of the Tenant Improvements, 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 Telecommunication Facilities (individually and collectively “Tenant Alterations”), without first obtaining the consent of Landlord which shall not be unreasonably withheld, conditioned or delayedLandlord. Notwithstanding anything the foregoing, Landlord’s consent to the contrary herein, Tenant Alterations shall not be required to obtain Landlord’s prior written consent to any cosmetic, non-structural alterations of the Premises (a “Cosmetic Alteration”), so long as if (i) the total costs of such Cosmetic Alteration same do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) per floor affect any structural element or the exterior appearance of the PremisesBuilding, change the general nature or character thereof, affect the mechanical, life/safety or other common utilities or facilities maintained by Landlord in the Building or require Landlord to make any alterations or additions to the Building, (ii) the cost of any of the foregoing Tenant Alterations, together with all such Cosmetic Alteration Tenant Alterations during the prior twelve (12) month period, does not exceed $50,000.00, and (iii) Tenant gives Landlord at least ten (10) days prior notice of any such work. Landlord agrees that Landlord’s consent shall not be required for the installation of Tenant’s furniture, trade fixtures or equipment in the Premises (and the same shall not be deemed to be Tenant Alterations) if the same do not affect the structure of the Building Building, affect the mechanical, life/safety or any operating other common facilities and systems of the Building, (iii) Tenant is not required by applicable Governmental Requirements require Landlord to obtain a permit make any alterations to perform such Cosmetic Alteration, and (iv) such Cosmetic Alteration does not violate or render invalid the certificate of occupancy for the Building or a permit from the Premises; providedCity of Chicago. Further, howeverLandlord’s consent to Tenant Alterations shall not be unreasonably withheld if the same do not affect the structure or exterior appearance of the Premises or the Building, Tenant shall be required to provide Landlord with prior written notice change the general nature or character thereof, and affect the mechanical, life/safety or other common utilities or facilities maintained by the Landlord shall have in the right Building or require Landlord to reasonably request additional information and documentation make any alterations or additions to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this Sectionthe Building. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations andwhich require Landlord’s consent, if consent by Landlord is either required or given, as applicable, and all such work shall be performed by Tenant at Tenant’s sole cost and expense. 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 plans and Specificationsspecifications for the Tenant Alterations. 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 for Tenant Alterations where the cost thereof is equal to or greater than One Hundred Thousand and No/100 Dollars ($100,000.00), in forms, amounts and by companies reasonably acceptable to Landlord. Upon completion Should Tenant make any alterations without Landlord’s prior written consent (if required), 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 agrees Alterations and restore the Premises at Tenant’s expense. Subject to cause a Notice the provisions of Completion Section 2.7.4, Tenant shall use commercially reasonable efforts to ensure that all Tenant Alterations will be recorded in the office of the Recorder of the County of San Francisco performed in accordance with Landlord’s Sustainability Practices, as the same may be in effect or amended or supplemented from time to time. Nothing contained in this paragraph or Section 8182 4.5 (“Tenant’s Work Performance”) shall be deemed a waiver of the Civil Code provisions of the State of California or any successor statuteSection 4.27 (“Construction Liens”).

Appears in 1 contract

Samples: Lease (Mattersight Corp)

Tenant Alterations. 5.1.1 (a) Tenant shall not make any alterations, additions or improvements (collectively referred to as “Tenant Alterations”) in or to the PremisesPremises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or make changes to locks on doorsconditioned, or addprovided that such proposed Tenant Alterations (i) are nonstructural, disturb or in any way change any floor covering, wall covering, fixtures(ii) do not affect the Building’s HVAC, plumbing, wiring electrical, life safety or Telecommunication Facilities mechanical systems or services, (individually iii) do not affect any part of the Building other than the Premises, (iv) do not adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building and collectively (v) do not reduce the value or utility of the Building. Tenant shall be permitted to make, without Landlord’s consent, Tenant Alterations not exceeding $100,000.00 in any twelve (12) month period in value and for which Tenant is not required to obtain a permit from the applicable municipality and if such Alterations are of the type described in clauses (i), (ii), (iii) and (iv) above (Tenant Permitted Alterations”), without first obtaining . Any other Tenant Alteration may be approved or disapproved by Landlord for any reason or for no reason. If Landlord consents to any Tenant Alterations to the consent of Premises such Tenant Alterations shall be performed (a) at Tenant’s expense pursuant to plans and specifications approved by Landlord which shall (not to be unreasonably withheld, conditioned or delayed. Notwithstanding anything to ) and (b) by a reputable and qualified contractor licensed in the contrary hereinState of California and reasonably approved by Landlord, Tenant shall not be required to obtain Landlord’s prior written consent and subject to any cosmetic, non-structural alterations of the Premises (a “Cosmetic Alteration”), so long as (i) the total costs of such Cosmetic Alteration do not exceed Fifty Thousand commercially reasonable covenants and No/100 Dollars ($50,000.00) per floor of the Premises, (ii) such Cosmetic Alteration does not affect the structure of the Building or any operating systems of the Building, (iii) Tenant is not conditions required by applicable Governmental Requirements to obtain a permit to perform such Cosmetic Alteration, and (iv) such Cosmetic Alteration does not violate or render invalid the certificate of occupancy for the Building or the Premises; provided, however, Tenant shall be required to provide Landlord with prior written notice thereof, and Landlord shall have the right to reasonably request additional information and documentation to reasonably determine whether such Cosmetic Alteration shall require Landlord’s prior review and approval under this Section. Tenant shall deliver to Landlord full and complete plans and specifications for any proposed Tenant Alterations and, if consent by Landlord is either required or given, as applicable, all such work shall be performed by Tenant at Tenant’s sole cost and expense. 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, any commercially reasonable construction rules and regulations promulgated by Landlord for the Building. Landlord’s review approval of any plans and specifications for alterations, improvements, modifications or additions to the Plans Premises or the Property shall not constitute a representation or warranty of Landlord (x) as to the adequacy or sufficiency of such drawings, plans and Specificationsspecifications, or alterations, improvements, modifications or additions to which they relate, for any use, purpose or conditions, (y) that such drawings, plans and specifications or any action taken pursuant thereto or in reliance thereon complies with, or is not in violation of, any applicable laws, rules or regulations or any standard of due care regarding engineering or structural design or quality of material, and Landlord does not assume any liability or responsibility therefor nor for any defect in construction from said drawings, but such approval shall merely be the consent of Landlord as required hereunder. Without limiting In no event shall Landlord be deemed to have consented to imposition of any lien against any interest of Landlord in the generality of Building or the foregoing, Premises and Landlord may require Tenantshall have the right, at Tenant’s sole cost and expenseall times, to obtain post and provide to keep posted on the Premises all notices permitted and/or required by law, or which Landlord with proof shall deem proper for the protection of insurance coverage Landlord and a payment the Premises and performance bond for any other parties having an interest therein, from all mechanic and materialmen’s liens, and Tenant shall give Landlord fifteen (15) days prior notice before commencing any Tenant Alterations where the cost thereof is equal to or greater (other than One Hundred Thousand Permitted Alterations) for such purposes and No/100 Dollars ($100,000.00), for scheduling purposes. All Tenant Alterations shall be done in forms, amounts a good and by companies acceptable to Landlord. Upon completion of any Tenant Alterations, Tenant agrees to cause a Notice of Completion to be recorded in the office of the Recorder of the County of San Francisco workmanlike manner with first-class quality materials in accordance with Section 8182 all laws, ordinances, and rules and regulations of any federal, state, county, municipal, or other public authority having jurisdiction over the Premises. Tenant shall cause such work to be performed in a diligent manner and shall use commercially reasonable efforts as to minimize unreasonable interference with other tenants’ and occupants’ lawful use and enjoyment of their premises and business operations. Tenant and its contractors shall comply with all commercially reasonable requirements Landlord may reasonably impose on Tenant or its contractors with respect to such work (including but not limited to, insurance, indemnity and bonding requirements), and shall deliver to Landlord a complete copy of the Civil Code “as-built” or final plans and specifications for all Alterations so made in or to the Premises within thirty (30) days of completing the State work (provided the work was of California such a nature that such plans were actually prepared). Tenant shall not place safes or any successor statutevaults in the Premises without Landlord’s prior written consent, which shall not be reasonably withheld or delayed.

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Samples: Office Building Lease (Veracyte, Inc.)

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