Common use of TENANT'S CHANGES Clause in Contracts

TENANT'S CHANGES. 12.01. Tenant shall not, without first obtaining the written consent of Landlord, make any alterations, additions or improvements in, to or about the Demised Premises (any such to be “Tenant Changes”). Notwithstanding the foregoing, Landlord’s consent shall not be required for any Tenant Changes that (i) are non-structural and will not, in Landlord’s sole judgment, affect the HVAC, electric, sanitary, elevator or other Building systems serving the Demised Premises or any other portion of the Building (“Major Changes”), and (ii) do not cost, in the aggregate, more than (a) Thirty-Five Thousand Dollars ($35,000.00) for Tenant Changes that require a building permit from the municipality in which the Property is located, or (b) Seventy-Five Thousand Dollars ($75,000.00) for Tenant Changes that do not require a building permit from the municipality in which the Property is located. Landlord’s consent shall not be unreasonably withheld, conditioned or delayed with respect to any Tenant Changes other than Major Changes, it being agreed that Landlord may withhold or condition its consent to any Major Changes for any reason or no reason in Landlord’s sole and absolute discretion without any liability whatsoever to Tenant. All Tenant Changes shall become the property of Landlord and shall remain at the Premises upon the expiration or earlier termination of this Lease unless Landlord notifies Tenant, within ten (10) business days after its receipt of notice of such Tenant Changes, that Tenant will be required to remove such Tenant Changes upon the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Aralez Pharmaceuticals Inc.)

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TENANT'S CHANGES. 12.01. 8.01 Tenant shall not, at any time or from time to time during the Term, make such alterations, additions, installations, substitutions, or improvements (hereinafter collectively called "changes" and, as applied to changes provided for in this Article, "Tenant's Changes") in and to the Demised Premises, without first obtaining the Landlord's prior written consent of Landlordin all instances, make any alterations, additions or improvements in, to or about the Demised Premises (any such to be “Tenant Changes”). Notwithstanding the foregoing, Landlord’s consent shall not be required for any Tenant Changes that (i) are non-structural and will not, in Landlord’s sole judgment, affect the HVAC, electric, sanitary, elevator or other Building systems serving the Demised Premises or any other portion of the Building (“Major Changes”), and (ii) do not cost, in the aggregate, more than (a) Thirty-Five Thousand Dollars ($35,000.00) for Tenant Changes that require a building permit from the municipality in which the Property is located, or (b) Seventy-Five Thousand Dollars ($75,000.00) for Tenant Changes that do not require a building permit from the municipality in which the Property is located. Landlord’s consent shall not be unreasonably withheld. The foregoing notwithstanding, conditioned and without limitation, Landlord may, in its sole and absolute discretion, decline to consent to any changes to the structural elements of the Building and to any change which shall negatively impact any systems serving others in the Building. If Landlord shall consent, all Tenant's Changes shall comply, whether structural or delayed non-structural, with the following conditions: (a) such changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to the Demised Premises, unless Tenant shall have obtained the same or shall covenant to do so and provide to Landlord such bond or other security as it shall require; (b) the outside appearance, character or use of the Demised Premises or the Building shall not be affected, and no Tenant's Changes shall weaken or impair the structural strength or lessen the value of the Building; (c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected; (d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in this Article and in Article 33; (e) at the Expiration Date, Tenant shall on Landlord's written request restore the Demised Premises to their condition prior to the making of any changes permitted by this Article, reasonable wear and tear excepted, unless at the time of granting of Landlord's consent, such requirement was waived by Landlord; (f) before proceeding with any change Tenant shall submit to Landlord plans and specifications for the work to be done, and shall request Landlord's approval in writing, and, if such change requires approval by or notice to the lessor of a superior lease or the holder of a superior mortgage, Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of said superior lease or superior mortgage with respect to the proposed change or alteration have been met or complied with at Tenant's expense (including, without limitation, all costs incurred by Landlord in reviewing and analyzing Tenant's request for changes); and Landlord, if it approves the change (only if Landlord's approval is required in accordance with the foregoing), will request such approval or give such notice, as the case may be; any change for which approval has been received shall be performed strictly in accordance with the approved plans and specifications, and no substantial amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord; and Tenant Changes shall not be permitted to install and make a part of the Demised Premises any materials, fixtures or articles which are subject to liens, conditional sales contracts, security agreements or chattel mortgages; (g) Tenant shall not interfere with the access or egress of other than Major Changes, it being agreed that Landlord may withhold or condition its consent to any Major Changes for any reason or no reason in Landlord’s sole tenants nor otherwise interfere with the peaceful use of the Building by such other tenants; and absolute discretion without any liability whatsoever to Tenant. All (h) Tenant Changes shall become the property of Landlord comply with all other terms and shall remain at the Premises upon the expiration or earlier termination conditions of this Lease unless in connection with Tenant's Changes. Neither approval of the plans and specifications nor supervision of the alteration by the Landlord notifies Tenantshall constitute a representation or warranty by Landlord as to the accuracy, within ten (10) business days after its receipt of notice adequacy, sufficiency, or propriety of such plans and specifications or the quality of workmanship or the compliance of such alteration with applicable law. Tenant Changesshall pay the entire cost of the alteration and, that if requested by Landlord, and if such cost shall exceed $25,000, Tenant will shall deposit with Landlord prior to the commencement of the alteration, the full cost of such improvement in form and amount required by Landlord and/or its lender. As construction is completed, Tenant may direct Landlord to disburse such sums from said deposit based upon Landlord's architect's or engineer's certification of the percentage of completion. All costs of the foregoing shall be required to remove such Tenant Changes upon the expiration or earlier termination of this Leaseborne by Tenant.

Appears in 1 contract

Samples: Radiation Therapy Services Inc

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TENANT'S CHANGES. 12.01. 8.01 Tenant shall not, at any time or from time to time during the Term, make such alterations, additions, installations, substitutions, or improvements (hereinafter collectively called “changes” and, as applied to changes provided for in this Article, “Tenant’s Changes”) in and to the Demised Premises, without first obtaining the Landlord’s prior written consent of Landlordin all instances, make any alterations, additions or improvements in, to or about the Demised Premises (any such to be “Tenant Changes”). Notwithstanding the foregoing, Landlord’s consent shall not be required for any Tenant Changes that (i) are non-structural and will not, in Landlord’s sole judgment, affect the HVAC, electric, sanitary, elevator or other Building systems serving the Demised Premises or any other portion of the Building (“Major Changes”), and (ii) do not cost, in the aggregate, more than (a) Thirty-Five Thousand Dollars ($35,000.00) for Tenant Changes that require a building permit from the municipality in which the Property is located, or (b) Seventy-Five Thousand Dollars ($75,000.00) for Tenant Changes that do not require a building permit from the municipality in which the Property is located. Landlord’s consent shall not be unreasonably withheld. The foregoing notwithstanding, conditioned and without limitation, Landlord may, in its sole and absolute discretion, decline to consent to any changes to the structural elements of the Building and to any change which shall negatively impact any systems serving others in the Building. If Landlord shall consent, all Tenant’s Changes shall comply, whether structural or delayed non-structural, with the following conditions: (a) such changes will not result in a violation of or require a change in the Certificate of Occupancy applicable to the Demised Premises, unless Tenant shall have obtained the same or shall covenant to do so and provide to Landlord such bond or other security as it shall require; (b) the outside appearance, character or use of the Demised Premises or the Building shall not be affected, and no Tenant’s Changes shall weaken or impair the structural strength or lessen the value of the Building; (c) the proper functioning of any of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected; (d) in performing the work involved in making such changes, Tenant shall be bound by and observe all of the conditions and covenants contained in this Article and in Article 33; (e) at the Expiration Date, Tenant shall on Landlord’s written request restore the Demised Premises to their condition prior to the making of any changes permitted by this Article, reasonable wear and tear excepted, unless at the time of granting of Landlord’s consent, such requirement was waived by Landlord; (f) before proceeding with any change Tenant shall submit to Landlord plans and specifications for the work to be done, and shall request Landlord’s approval in writing, and, if such change requires approval by or notice to the lessor of a superior lease or the holder of a superior mortgage, Tenant shall not proceed with the change until such approval has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of said superior lease or superior mortgage with respect to any Tenant Changes other than Major Changesthe proposed change or alteration have been met or complied with at Tenant’s expense (including, without limitation, all costs incurred by Landlord in reviewing and analyzing Tenant’s request for changes); and Landlord, if it being agreed that Landlord may withhold or condition its consent to any Major Changes for any reason or no reason in approves the change (only if Landlord’s sole approval is required in accordance with the foregoing), will request such approval or give such notice, as the case may be; any change for which approval has been received shall be performed strictly in accordance with the approved plans and absolute discretion specifications, and no substantial amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord; and Tenant shall not be permitted to install and make a part of the Demised Premises any liability whatsoever materials, fixtures or articles which are subject to Tenant. All liens, conditional sales contracts, security agreements or chattel mortgages; (g) Tenant Changes shall become not interfere with the property access or egress of Landlord other tenants nor otherwise interfere with the peaceful use of the Building by such other tenants; and (h) Tenant shall remain at the Premises upon the expiration or earlier termination comply with all other terms and conditions of this Lease unless in connection with Tenant’s Changes. Neither approval of the plans and specifications nor supervision of the alteration by the Landlord notifies Tenantshall constitute a representation or warranty by Landlord as to the accuracy, within ten (10) business days after its receipt of notice adequacy, sufficiency, or propriety of such plans and specifications or the quality of workmanship or the compliance of such alteration with applicable law. Tenant Changesshall pay the entire cost of the alteration and, that if requested by Landlord, and if such cost shall exceed $25,000, Tenant will shall deposit with Landlord prior to the commencement of the alteration, the full cost of such improvement in form and amount required by Landlord and/or its lender. As construction is completed, Tenant may direct Landlord to disburse such sums from said deposit based upon Landlord’s architect’s or engineer’s certification of the percentage of completion. All costs of the foregoing shall be required to remove such Tenant Changes upon the expiration or earlier termination of this Leaseborne by Tenant.

Appears in 1 contract

Samples: Sublease (Radiation Therapy Services Holdings, Inc.)

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