Common use of ALTERATIONS AND ADDITIONS Clause in Contracts

ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 12 contracts

Samples: Lease Agreement, Lease Agreement (APP Pharmaceuticals, Inc.), Lease Agreement (Abraxis Biosciences, Inc.)

AutoNDA by SimpleDocs

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor; any addition or alteration to said Premises, which consent except movable furniture and trade fixtures, shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLease.

Appears in 5 contracts

Samples: Mission West Properties/New/, Oni Systems Corp, Oni Systems Corp

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor; any addition or alteration to said Premises, which consent except movable furniture and trade fixtures, shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLease.

Appears in 4 contracts

Samples: Lease (Intevac Inc), Lease (Intevac Inc), Radyne Corp

ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-air conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, improvements and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term Term, or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, improvements and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, claims or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, additions and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 4 contracts

Samples: Lease Agreement (APP Pharmaceuticals, Inc.), Lease Agreement (Abraxis Biosciences, Inc.), Lease Agreement (New Abraxis, Inc.)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the right, from time to timenot, without LESSOR’s Lessor's prior written consent, to make interior any alterations, improvements and/or additions in and to improvements, additions, utility installations or utility repairs, on or about the Premises that will have no effect on the roofPremises, foundation Building or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”)Presto Facility. LESSEE may Should Lessee make any alterations, improvements and/or improvements, additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining utility installations or repairs without the prior written approval of Lessor, or use a contractor not expressly approved by Lessor, Lessor may, at any time during the term of this Lease, require that Lessee, at Lessee's expense, remove any part or all of the same. If Lessor shall give its consent to Lessee's making such alterations, improvements, additions or utility installations or repairs, the consent shall be conditioned upon Lessee acquiring a permit to do so from the appropriate governmental agencies, furnishing a copy thereof to Lessor prior to the commencement of LESSORthe work and compliance by Lessee with all conditions of said permit in a prompt and expeditious manner. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which consent claims are or may be secured by any mechanics or materialmen's lien against the Premises, the Building, Presto Facility or any interest therein. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense, defend itself and Lessor against the same and shall not pay and satisfy any such adverse judgement that may be unreasonably withheldrendered thereon before the enforcement thereof against the Lessor, conditionedthe Building, delayed Presto Facility or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedthe Premises. All alterations, improvements, additions and additions to the Premises utility installations or repairs shall be made in accordance with all applicable laws a good and workmanlike manner and of good and sufficient quality and materials and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Lessor and shall remain for upon and be surrendered with the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed Premises at the expiration of the Lease term. Provided Lessee is not in default, Lessee's personal property and equipment, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, Building or termination of this Lease or the Presto Facility, and other than utility installations, shall remain at the Premises. In the event property of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify Lessee and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything may be removed by Lessee subject to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations provisions of less than $50,000 in any instanceParagraph 7.2.

Appears in 3 contracts

Samples: Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc), Lease Agreement (Rmed International Inc)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSOR, Lessor which consent shall not be unreasonably withheldwithheld or delayed; any addition or alteration to said Premises, conditionedexcept movable furniture and trade fixtures, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached Lessor to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, hard wall partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or Lease. The initial tenant improvements shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages not be required by Lessor to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsbe removed. Notwithstanding anything to the contrary set forth hereinabove, LESSEE Lessee shall have the right, without LESSOR’s consent or approval, right to make non-structural alterations of costing less than Ten Thousand Dollars ($50,000 in any instance10,000.00) without Lessors consent but only after five (5) days prior notice to Lessor.

Appears in 3 contracts

Samples: Intertrust Technologies Corp, Intertrust Technologies Corp, Intertrust Technologies Corp

ALTERATIONS AND ADDITIONS. LESSEE shall have the rightAll improvements and alterations (collectively, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and “Alterations”) to the Premises that will have no effect on deemed by Lessee to be necessary or desirable in connection with the roof, foundation use of or other structural elements the operation of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to Business at the Premises shall be made performed by Lessee at Lessee’s sole cost and expenses in accordance with all applicable laws the provisions of this Facility Lease; provided, however, that prior to making any Material Alterations, Lessee shall obtain prior written permission from the City Administrator as described in Section 5.2 below for such Material Alterations. Without limiting the foregoing and shall at once when made or installed be deemed to have attached subject to the freehold requirements for Lessor’s permission set forth in Section 5.2, Lessee may make such Alterations to the Premises as Lessee deems necessary in order to comply with Law or to meet operational or licensing standards applicable to the operation of the Business, or Lessee’s use of the Premises, further provided that all such Alterations comply with applicable building codes. Lessee shall keep the Premises free from liens or encumbrances of any nature. Upon the termination of this Facility Lease, all such Alterations, with the exception of Lessee’s Property as set forth in Section 6.1, shall remain in place and to have become the property of LESSOR Lessor; provided, however, so long as no Event of Default (as defined in Section 14.1) exists hereunder and shall remain Lessee is not in default with respect to its obligations under the APA, Lessee may, at any time during the Term, remove any Alteration or fixture made to or installed in the Premises by Lessee for the benefit of LESSOR use at MEH, at the end of MEH Campus (as defined in the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claimsAPA), or damages to either persons at any other medical facility operated by Lessee in the City and Borough of Sitka and any such Alteration or Premises arising out offixture shall become and thereafter remain the property of Lessee upon installation at MEH, the MEH Campus, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancesuch other medical facility.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Facility Lease Agreement

ALTERATIONS AND ADDITIONS. LESSEE (a) Lessee shall have the right, from time to timenot, without LESSOR’s Lessor's prior written consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made additions, or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term utility installations in, on or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at about the Premises. In As used in this Paragraph 7.3, the event of making term "utility installations" shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from utility installations at the undertaking or making expiration of said alterations, additionsthe term, and to restore the Premises to their prior condition. As a further condition to giving such consent, Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements. Notwithstanding anything , to insure Lessor against any liability for mechanics' and materialmen's liens and to insure completion of the work (b) Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which claims are or may be secured by any mechanics' or materialmen's lien against the Premises or any interest therein, Lessee shall give Lessor not less than ten 110) days' notice prior to the contrary set forth hereincommencement of any work in the Premises, LESSEE and Lessor shall have the right, without LESSOR’s consent or approval, right to make post notices of non-structural alterations responsibility in or on the Premises as provided by law. (c) Unless Lessor requires their removal, as set forth in paragraph 7.3(a), all alternations, improvements, additions and utility installations whether or not such utility installations constitute trade fixtures of less Lessee), which may be made on the Premises, shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this Paragraph 7.3(c), Lessee's machinery and equipment, other than $50,000 in any instancethat which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Lessee and may be removed by Lessee subject to the provisions of Paragraph 7.2(c).

Appears in 2 contracts

Samples: Industrial Building Lease (Futon World Inc), Industrial Building Lease (Futon World Inc)

ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have the right, from time to timenot, without LESSOR’s Landlord's prior written consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All any alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term additions, in, on or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at about the Premises, except for non-structural alterations not exceeding $100 in cost. In the event of making As a condition to giving such consent. Landlord may require that Tenant remove any such alterations, improvements, and/or additions or utility installations at the expiration of the term, and to restore the Premises to their prior condition. (b) Before commencing any work relating to alterations, additions and improvements affecting the Premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and from time to time to post and maintain on the Premises such notices as herein provided, LESSEE shall indemnify Landlord reasonably deems necessary to protect the Premises and save harmless LESSOR Landlord from any and all expenses, mechanics' liens, claimsmaterialmen's liens or any other liens. In any event, Tenant shall pay, when due, all claims for labor or damages materials furnished to either persons or for Tenant at or for use in the Premises. Tenant shall not permit any mechanics or materialmen's liens to be levied against the Premises arising out offor any labor or material furnished to Tenant or claimed to have been furnished to Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction of Tenant. (c) Unless Landlord requires their removal, or resulting from the undertaking or making of said as set forth in Article 7.4(a), all alterations, additionsimprovements or additions which may be made on the Premises, shall become the property of Landlord and improvementsremain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding anything the provisions of this Article 7.4(c), Tenant's machinery, equipment and other trade fixtures other than that which is affixed to the contrary set forth hereinPremises so that it cannot be removed without material damage to the Premises, LESSEE shall have remain the right, without LESSOR’s consent or approval, property of Tenant and may be removed by Tenant subject to make non-structural alterations the provisions of less than $50,000 in any instanceArticle 7.2.

Appears in 2 contracts

Samples: Lease (Futon World Inc), Lease (Futon World Inc)

ALTERATIONS AND ADDITIONS. LESSEE 9. Lessee shall have the right, from time to time, without LESSOR’s consent, to make interior no alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises any part thereof (the collectively Building StructureAlterations”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSORthe Lessor, which consent shall not be unreasonably withheld, conditioned, delayed conditioned or denieddelayed. All such approved additions, alterations or improvements Alterations shall be in accordance to with plans and specifications prepared approved by a duly qualified architect or engineer who Lessor, which shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed conditioned or denied. All alterations, improvementsdelayed, and additions shall be carried out by a reputable licensed contractor and in compliance with all applicable laws, codes, rules and regulations. The Lessor may impose as a condition to the aforesaid consent such additional requirements as Lessor may deem necessary in Lessor’s sole but reasonable discretion, including without limitation requirements respecting the manner in which the work is done, Lessor’s right of approval of the contractor by whom the work is to be performed, and the times during which it is to be accomplished. Notwithstanding the foregoing, Lessee shall be allowed to make improvements to the Premises shall of up to $25,000 per year in costs, provided such improvements (a) are non-structural in nature, (b) will have no affect on the Building Systems and do not require a building permit, (c) would be made in accordance compliance with all applicable laws Laws, and shall at once when made or installed (d) would not be deemed to have attached visible from outside the Building. Upon written request of Lessor prior to the freehold and to have become expiration or earlier termination of the property of LESSOR and shall remain Lease, Lessee will remove any or all Alterations installed by or for the benefit of LESSOR Lessee. Upon Lessee’s request at the end time Lessee seeks consent for Alterations, Lessor shall provide written notice to Lessee of its restoration requirements, and Lessee shall remove any Alterations timely designated by Lessor for removal upon the Term expiration or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election All Alterations not specified to be removed shall at the expiration or of earlier termination of this the Lease or shall become the property of the Lessor and remain at upon and be surrendered with the Premises. In All movable furniture, business and trade fixtures, and machinery and equipment shall remain the event property of making such alterationsthe Lessee and may be removed by the Lessee at any time during the Lease term. Items which are not to be deemed as movable furniture, improvements, and/or additions as herein provided, LESSEE shall indemnify business and save harmless LESSOR from any and all expenses, liens, claimstrade fixtures, or damages to either persons or Premises arising out ofmachinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or resulting from any other installation which has become an integral part of the undertaking or making of said alterations, additions, and improvementsPremises. Notwithstanding anything The Lessee will give the Lessor five (5) business days notice prior to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make commencement of any Alterations work and will at all times permit notices of non-structural alterations responsibility to be posted and to remain posted until the completion of less than $50,000 in any instanceAlterations.

Appears in 2 contracts

Samples: Mobile Iron, Inc., Mobile Iron, Inc.

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time to time, without LESSOR’s consent, to not make interior any alterations, improvements and/or improvements, or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent and approval of LESSORplans therefor by Landlord, which consent approval shall not be unreasonably withheld; provided, conditionedhowever, delayed or deniedthat Landlord’s consent shall not be required for strictly cosmetic alterations that do not affect the structure of the Building. All such approved additionsExcept as otherwise provided in the Work Letter with respect to the plans for the Initial Alterations, alterations or improvements Landlord shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit have thirty (30) days after submission of such plans and specifications by Tenant to LESSOR for written approval, not approve or disapprove of them in writing. The work necessary to be unreasonably withheld, conditioned, delayed or denied. All make any alterations, improvements, and improvements or additions to the Premises shall be done at Tenant’s expense using contractors selected by Tenant and reasonably approved by Landlord, Tenant shall promptly pay the cost of all such work. Alterations, improvements or additions so made by either of the parties upon the Premises, except trade fixtures, the HVAC System (the removal of which shall be governed by Exhibit “D” Special Provision I), moveable furniture and equipment placed in accordance with all applicable laws the Premises at the expense of Tenant, shall be and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease, without disturbance, molestation, injury or damage, unless Landlord elects, at the time Tenant requests Landlord’s consent to the alteration, improvement or addition to require Tenant to remove any or all such alterations, improvements or additions from the Premises, in which event Tenant, at Tenant’s sole cost and expense, shall remove, not later than the termination of the Lease, all such designated alterations or improvements (including, without limitation, the removal of any wiring and/or cabling installed by, at the request of or for the benefit of LESSOR at Tenant in the end Project) in a good, workmanlike manner, repairing and restoring the Premises to the condition existing therein prior to the construction of the Term such alterations or other earlier termination improvements, free and clear of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premisesall liens and encumbrances. In the event damage to the Premises or the Building shall be caused by moving said furniture and equipment in or out of making the Premises, said damage shall be promptly repaired at the cost of Tenant. Tenant shall deliver to Landlord (i) all required permits and approvals prior to the commencement of any such alterations, improvements, improvements and/or additions as herein provided, LESSEE shall indemnify additions; and save harmless LESSOR from (ii) “as-built” drawings of the Premises showing any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything improvements or additions to the contrary set forth hereinPremises within thirty (30) days following completion of such alterations, LESSEE shall have improvements or additions to the rightPremises or thirty (30) days prior to the expiration of the Term of this Lease, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceif earlier.

Appears in 2 contracts

Samples: Industrial Space Lease (XBiotech Inc.), Industrial Space Lease (XBiotech Inc.)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSOR, which Lessor whose consent shall not be unreasonably withheldwithheld or delayed; any addition or alteration to said Premises, conditionedexcept movable furniture and trade fixtures, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and not prior to five (5) days from the receipt of consent from Lessor to do so, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment installed after the Commencement Date, and any additions or alterations installed by LESSEE Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of such tenant improvements; provided, however, Lessee shall not be required to remove any of Lessee’s Initial Improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease Lease. Subject to the above, Lessee may, without the consent of Lessor, (a) make nonstructural alterations costing up to Twenty Thousand Dollars ($20,000) (b) perform any painting, carpeting or shall remain at other decorative work (regardless of amount) or (c) install data connection cabling, WI-FI Network and other data connections and cabling reasonably necessary for the conduct of Lessee’s business in the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 2 contracts

Samples: Parties (Ariosa Diagnostics, Inc.), Parties (Ariosa Diagnostics, Inc.)

ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have the right, from time right to time, without LESSOR’s consent, to make interior alterations, construct improvements and/or additions in on and to the Premises that will have no effect on the roof, foundation or other structural elements of within the Premises (the Building StructureInitial Alterations”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”as provided below in this Section 6.3(a). LESSEE may make alterations, improvements and/or additions that affect Prior to the exterior commencement of construction of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORInitial Alterations, Tenant shall submit to Landlord for its approval (which consent shall not be unreasonably withheld, conditioned, withheld or delayed or denied. All such approved additions, alterations or improvements and shall be in accordance to plans deemed approved if Landlord does not respond within ten (10) business days after such submission) detailed construction drawings and specifications prepared for the Initial Alterations and the identity of the general contractor selected by a duly qualified architect or engineer who Tenant to construct the Initial Alterations. Landlord’s approval of the general contractor to perform the Initial Alterations shall submit not be considered unreasonably withheld if any such plans and specifications general contractor (i) does not have trade references reasonably acceptable to LESSOR for written approvalLandlord, (ii) does not maintain insurance as required pursuant to the terms of this Lease, (iii) does not have the ability to be unreasonably withheldbonded for the work in an amount of no less than $1,000,000.00, conditionedor (iv) is not licensed as a contractor in the State of California. Tenant shall construct or cause the construction of the Initial Alterations in full compliance with Applicable Laws, delayed or deniedincluding, without limitation, all applicable building and electrical code requirements. All alterationsThe Allowance shall be paid to Tenant or, improvementsat Landlord’s option, and additions to the Premises shall be made order of the general contractor constructing the Initial Alterations, within thirty (30) days following completion of the construction of the Initial Alterations and receipt by Landlord of (1) invoices covering all labor and materials expended and used in the Initial Alterations; (2) a sworn contractor’s affidavit from the general contractor and a request to disburse from Tenant containing an approval by Tenant of the work completed; (3) unconditional lien releases from the general contractor and all subcontractors; (4) as-built drawings for the Initial Alterations (if applicable); and (5) the certification of Tenant and its architect that the Initial Alterations have been installed in a good and workmanlike manner in accordance with all applicable laws the approved plans, and in accordance with Applicable Laws. The Allowance shall at once when made or installed be deemed to have attached disbursed in the amount reflected on the invoices meeting the requirements above. Notwithstanding anything in this Lease to the freehold and contrary, Landlord shall not be obligated to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end disburse any portion of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE Allowance during the Term continuance of any uncured default under the Lease, and Landlord’s obligation to disburse shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premisesonly resume when and if such default is cured. In the event that Tenant does not use the entire Allowance for the Initial Alterations, Landlord shall pay Tenant the unused portion of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages the Allowance within thirty (30) days after Tenant’s request therefor (provided that each of the conditions precedent to either persons or Premises arising out of, or resulting from disbursement of the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything Allowance have been satisfied relative to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceInitial Alterations).

Appears in 2 contracts

Samples: Building Lease Agreement (Artes Medical Inc), Building Lease Agreement (Artes Medical Inc)

ALTERATIONS AND ADDITIONS. LESSEE (a) Lessee may, at its expense, (x) after not less than forty-five days written notice to Lessor of its plans (provided, however, that no such notice shall have be required as to plans for work the rightestimated cost of which is less than $500,000), from time make non-structural additions to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and alterations of the Improvements to the Premises Leased Premises, and make non-structural substitutions and replacements therefor, provided, that will have no effect on (i) the roofuse, foundation or other structural elements integrity and market value of the Leased Premises shall not thereby be materially lessened as certified in writing by an appropriate officer of Lessee, and (the “Building Structure”ii) such actions shall be performed in a good and will have no adverse effect on the heatingworkmanlike manner; and (y) after not less than forty-five days written notice to Lessor of its plans, ventilating, air-conditioning, plumbing, electrical, mechanical make structural additions to and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior alterations of the Premises Improvements to the Leased Premises, and make structural substitutions and replacements therefor, provided that (i) such actions shall be performed in a good and workmanlike manner under the supervision of a licensed architect or may have a material adverse effect on the Building System only after first obtaining the engineer in accordance with plans and specifications as approved by Lessor and accepted by Lessee, (ii) no such structural change or alteration shall be made unless Lessor's prior written consent shall have been obtained, (iii) none of LESSORthe buildings or structures constituting the Leased Premises shall be demolished unless Lessee shall have first furnished Lessor with such surety bonds or other assurances acceptable to Lessor as shall be necessary to assure rebuilding of the Leased Premises and unless Lessor's prior written consent shall have been obtained, which and (iv) such additions, alterations, substitutions and replacements shall be expeditiously completed in compliance with all Legal Requirements (as defined in paragraph 7(b)) and Required Insurance (as defined in paragraph 13(a)); provided that Lessor shall not withhold its written consent to Lessee's plans, including plans and specifications, under this clause (y) if and so long as the use, structural integrity and market value of the Leased Premises shall not be unreasonably withheldmaterially lessened by such plans as certified in writing by an appropriate officer of Lessee. Lessee shall promptly pay all costs and expenses of each such addition, conditionedalteration, delayed substitution or deniedreplacement, discharge all liens arising therefrom and procure and pay for all permits and licenses required in connection therewith. Failure by Lessor to give written approval or disapproval within forty-five days of receipt of such notice from Lessee under clause (y) shall be deemed Lessor's consent to such plans. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises Improvements shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to remain part of the freehold realty and to have become the property of LESSOR Lessor and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of subject to this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 2 contracts

Samples: Lease and Agreement (Lincoln National Corp), Lease and Agreement (Lincoln National Corp)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot install any signs, from time to time, without LESSOR’s consent, to make interior alterations, ------------------------- fixtures or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSORLessor, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements Lessee shall be in accordance permitted to plans add or install tenant fixtures within the Premises up to a value of four thousand dollars ($4,000) per year without Lessor's prior written consent. Lessee shall keep the Premises and specifications prepared the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Lessee. As a duly qualified architect condition to Lessor's consent to the installation of any fixtures or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions Lessor may require Lessee to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed post a completion bond for up to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end 150% of the Term or other earlier cost of the work. Upon termination of this Lease. Any equipment installed , Lessee shall remove all signs, fixtures, furniture and furnishings and if requested by LESSEE during Lessor, remove any improvements made by Lessee and repair any damage caused by the Term shall at LESSEE’s election be removed installation or removal of such signs, fixtures, furniture, furnishings and improvements and leave Premises in as good condition as they were in at the expiration or termination time of the commencement of this Lease or Lease, excepting for reasonable wear and tear. Lessor and Lessee agree that Lessee shall remain be allowed to install a small directional sign at the Premisessouthwest corner of the Building, the appearance and size of which shall subject to prior written approval by Lessor which shall not be unreasonably withheld. In The content of the event sign shall be the location of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance"Jetfax Visitor Parking."

Appears in 2 contracts

Samples: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)

ALTERATIONS AND ADDITIONS. LESSEE During the term of this lease, the Lessee shall have the right, from time to time, without LESSOR’s consent, right to make interior alterations, improvements attach fixtures (including air-conditioners), and to erect additions, structures, and signs in or upon the premises hereby leased. The Lessee shall have the right to affix flag-staff, office/residence signs and insignia outside the building on such part of the premises leased (provided such alterations, additions, structures or signs shall not be detrimental to or in the building in which said premises are located). Fixtures, additions, and/or additions in structures placed in, upon or attached to, the said premises shall be and remain the property of the Lessee. These may be removed by the Lessee prior to the termination of this lease, or within fifteen days after the lease is terminated. The Lessor shall have no right to require the Lessee to restore the Premises upon end of this lease (including any extensions thereof), and waives all claims against the Lessee for restoration arising from or related to (a) the Lessee’s normal and customary use of the Premises during the term of the lease (including any extensions thereof), as well as (b) any initial or subsequent alteration to the Premises that will have no effect on regardless of whether such alterations are performed by the roof, foundation Lessor or other structural elements of by the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”)Lessee. LESSEE Exceptions may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws case of damage arising from the act or negligence of the Lessee and shall at once when made his/her agents or installed be deemed to have attached to employees. At its sole option, the freehold and to have Lessee may abandon property in the Space following expiration of the Lease, in which case the property will become the property of LESSOR the Lessor and shall remain for the benefit Lessee will be relieved of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 liability in any instanceconnection therewith.

Appears in 2 contracts

Samples: tl.usembassy.gov, tl.usembassy.gov

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor, which consent shall not be unreasonably withheld; any addition or alteration to said Premises, conditionedexcept movable furniture and trade fixtures, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLease.

Appears in 2 contracts

Samples: HTM Lease Agreement, Lease (Infoblox Inc)

ALTERATIONS AND ADDITIONS. LESSEE shall have After the rightcommencement of the Lease, from time to time, without LESSOR’s consent, to make interior all structural alterations, improvements and/or improvements, additions or installations in and or to the Premises that will have no effect on Premises, and the roofperformance of all fixturing, foundation or furnishing, equipping and other structural elements of similar work in the Premises (proposed to be done by or at the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior request of the Premises or may have a material adverse effect on the Building System only after first obtaining the Tenant shall require Landlord’s prior written consent of LESSORconsent, which consent shall not be unreasonably withheld. Before commencement of any such work or delivery of any materials into the Premises, conditionedTenant shall employ or retain only the services of licensed, delayed or denied. All such approved additions, alterations or improvements bonded and insured contractors and shall be in accordance to plans obtain all necessary permits and specifications prepared by a duly qualified architect or engineer who shall licenses and submit such plans and specifications to LESSOR Landlord for its written approval. Xxxxxx agrees to hold Landlord and Xxxxxxxx’s beneficiaries, not agents and employees forever harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with such work. Tenant shall pay the cost of all such work, including necessary repairs to Landlord’s property, occasioned by such work. Upon completion of such work, Tenant shall furnish Landlord with a certificate of the Tenant’s architect that the work meets all building codes and shall guarantee that there are no mechanic’s liens upon the Premises arising out of the work. All such work shall comply with all insurance requirements and with all laws, ordinances and legal requirements, and shall be unreasonably withheld, conditioned, delayed or denieddone in a good and workmanlike manner and with the use of good grades of materials. All alterations, improvements, and additions additions, installations, fixtures, excluding trade fixtures, to or in the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed and, at the expiration or termination of this Lease or shall remain at in the Premises. In the event of making such alterationsPremises as Landlord’s property without compensation, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, allowance or damages credit to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceTenant therefor.

Appears in 1 contract

Samples: Lease

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have not make, or suffer to be made, any alteration or addition to the rightsaid Premises ("Alterations"), from time to timeor any part thereof, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to (i) the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, Landlord first had and obtained (which consent shall may not be unreasonably withheldwithheld or delayed), conditionedand (ii) delivering to Landlord the proposed architectural and structural plans for all such Alterations. After having obtained Landlord's consent, delayed or deniedTenant agrees that it shall not proceed to make such Alterations until (i) Tenant has obtained all required governmental approvals and permits, and (ii) Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Tenant further agrees to provide Landlord (i) written notice of the anticipated start date and actual start date of the work, and (ii) a complete set of half-size (15" X 21") vellum as-built drawings. All such approved additions, alterations or improvements Alterations shall be constructed in accordance to plans compliance with applicable buildings codes and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementslaws. Notwithstanding anything to the contrary set forth hereinin the Lease, LESSEE shall have the right, without LESSOR’s consent or approval, to Tenant may make non-structural alterations changes to the Leased Premises in an amount not to exceed the sum of less One Hundred Thousand Dollars ($100,000) per Alteration (i.e. construction project) without the prior consent of Landlord and without being required to deliver to Landlord the plans or drawings for such Alterations. Any Alterations, except movable furniture and trade fixtures, shall become at once a part of the realty, but shall nevertheless be subject to removal by Tenant as provided in paragraph 8 above. In addition, Tenant shall have the right to remove any Alterations prior to the expiration or the Lease Term or within sixty (60) days after the early termination of the Lease Term, if (i) such Alterations were paid for by Tenant and (ii) such Alterations can be removed by Tenant without affecting the general functionality of the Premises. Alterations which are not to be deemed as trade fixtures shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other installation which has become an integral part of the Premises. All Alterations shall be maintained, replaced or repaired by Tenant at Tenant's sole cost and expense. Upon demand by Tenant, but not later than $50,000 expiration of Landlord's responsibility for both patent and latent defects pursuant to Xxxxxxxxx 0.X, Xxxxxxxx shall assign to Tenant all contractor and subcontractor warranties provided to Landlord in any instanceconnection with the Building Shell and the Tenant Improvements.

Appears in 1 contract

Samples: Therma Wave Inc

ALTERATIONS AND ADDITIONS. LESSEE (a) Lessee shall have the right, from time to timenot, without LESSOR’s consent, to Lessor's prior written consent make interior any alterations, improvements and/or additions improvements, additions, or utility installations in, on or about the Premises, except for nonstructural alterations not exceeding $2,500 in and cumulative costs during the term of this Lease. In any event, whether or not in excess of $2,500 in cumulative cost, Lessee shall make no change or alteration to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect nor the exterior of the building(s) on the Building System only after first obtaining the Premises without Lessor's prior written consent consent. As used in this Paragraph 7.3 the term "Utility installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Lessor may require that Lessee remove any or all of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All said alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed utility installations at the expiration or termination of this Lease or shall remain the term, and restore the Premises to their prior condition. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the Premisesestimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. In the event of making such Should Lessee make any alterations, improvements, and/or additions as herein providedor Utility Installations without the prior approval of Lessor, LESSEE shall indemnify and save harmless LESSOR from Lessor may require that Lessee remove any and or all expensesof the same. (b) Any alterations, liensimprovements, claimsadditions or Utility Installations in, or damages about the Premises that Lessee shall desire to either persons make and which requires the consent of the Lessor shall be presented to Lessor in written form, with proposed detailed plans. If Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. (c) Lessee shall pay, when due, all claims for labor or Premises arising out ofmaterials furnished or alleged to have been furnished to or for Lessee at, or resulting from for use in the undertaking Premises, which claims are or making may be secured by any mechanics' or materialmen's lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days' notice prior to the commencement of said alterations, additionsany work in the Premises, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE Lessor shall have the right, without LESSOR’s consent or approval, right to make post notices of non-structural alterations responsibility in or on the Premises as provided by law. If Lessee shall, in good faith, contest the validity of less than $50,000 any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Premises, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in any instancean amount equal to such contested lien claim or demand indemnifying Lessor against liability for the same and holding the Premises free from the effect of such lien or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys fees and costs in participating in such action if Lessor shall decide it is to its best interest to do so.

Appears in 1 contract

Samples: Lease Modification (Immecor Corp)

ALTERATIONS AND ADDITIONS. LESSEE A. Tenant shall have make no alterations, decorations, additions or improvements in or to the rightPremises or the surrounding property without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlords free access to mechanical installations or service facilities of the Property or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall he done at such times and in such manner as Landlord may from time to timetime designate. Tenant covenants and agrees that all work done by Tenant shall he performed in full compliance with all laws, without LESSOR’s consentrules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations and requirements of the Pacific Fire Rating Bureau and of any similar body. Before commencing arty work, Tenant shall give Landlord at least thirty (0) days' prior written notice of the proposed commencement of such work; concurrently providing Landlord with a layout and specifications (including materials) of the work Tenant desires to make interior perform, and shall, if required by Landlord. secure at Tenant's own cost and expense, completion and lien indemnity bonds, satisfactory to Landlord, for said work, AU alterations, decorations, additions or improvements and/or additions in and upon the Premises, made by either party to this Lease, including (without limiting the Premises that will have no effect on the roof, foundation or other structural elements generality of the Premises (foregoing) all well covering, floor covering, built-in cabinet work, paneling and the “Building Structure”) and will have no adverse effect on like, shall, upon the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises expiration or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed , unless Landlord elects otherwise, become the property of Landlord, and shall remain upon and be surrendered with the Premises as a part thereof; except that Landlord may, by LESSEE during written notice to Tenant given at least thirty (30) days prior to the expiration date of the Term shall at LESSEE’s election be removed at the expiration (or any renewal term which Landlord has agreed to in writing), or within thirty (30) days after any earlier termination of this Lease or Lease, require Tenant to remove all partitions, counters, railings and the like installed by Tenant, and Tenant shall remain at (i) repair any damage to the Premises. In the event of making Premises arising from such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claimsremoval, or damages (ii) at Landlord's option, pay to either persons or Premises Landlord all costs arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancesuch removal.

Appears in 1 contract

Samples: Office Lease (Newport International Group Inc)

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time not make or suffer to time, without LESSOR’s consent, to make interior be made any alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on any part thereof without the Building System only after first obtaining the prior written consent of LESSORLandlord first had and obtained. Any alterations, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations additions or improvements to or of said Premises including, but not limited to, wallcovering, paneling, air conditioning units and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the term become a part of the realty and belong to the Landlord and shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance surrendered with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event Landlord consents to the making of making such any alterations, improvementsadditions or improvements to the Premises by Tenant, and/or additions as herein providedthe same shall be made by Tenant at Tenant's sole cost and expense, LESSEE and any contractor or persons, selected by the Tenant to make the same must first be approved in writing by the Landlord. Such approval shall indemnify not be unreasonably withheld. Upon the expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlord, which shall be given at the time Landlord approves the tenant improvement work, at Tenant's sole cost and save harmless LESSOR from expense, forthwith and with all due diligence, remove any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, or improvements made by Tenant, designated by Landlord to be removed, and improvements. Notwithstanding anything Tenant shall, forthwith and with all due diligence at its sole cost and expense, repair any damage to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancePremises caused by such removal.

Appears in 1 contract

Samples: Office Building Lease (Fair Isaac & Company Inc)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approvalits sole expense, to make non-structural alterations additions, improvements, or modifications to the interior of less than the Building on the Premises for the convenient conduct of its business. All such changes shall be made in a good and workmanlike manner and in accordance with applicable codes and regulations. Lessee shall give Lessor prior written notice of any alterations, additions, improvements or modifications so made. Lessee shall have the right to install such machinery, equipment, and business and trade fixtures as it deems necessary, and such items shall remain the property of Lessee and shall be removed at the termination of this Lease, the Lessee repairing any damage occasioned by removal. If Lessee shall obtain written consent of Lessor to leave any machinery or like equipment in the Premises, then the full title to such machinery and equipment shall thereupon pass to Lessor. Lessee shall be permitted to construct improvements to the Premises in accordance with the initial description of the Lessee’s Improvements set forth in Exhibit F (“Lessee’s Improvements”), and any Lessor and Lessee shall work together to facilitate the making of such improvements. Lessee shall control construction of Lessee’s Improvements and shall select a qualified contractor or contractors to construct Lessee’s Improvements, such selection having been made, submitted to Lessor and Lessor hereby approves of such selections. Upon execution of this Lease by the Lessor and the Lessee, Lessor shall pay Lessee the total sum of Nine Hundred Thousand Dollars ($50,000 900,000) to be paid in two installments; the first One Hundred Thousand Dollars ($100,000) to be paid upon the Commencement Date and the balance of Eight Hundred Thousand Dollars ($800,000) on or before April 1, 2007. One part of such total sum is to be used by Lessee to make the Lessee’s Improvements, and one part of such total sum is to be used by Lessee to satisfy the undertakings of Lessee set forth in the inducement agreements attached at Exhibit C. Lessee’s construction of Lessee’s Improvements shall be executed in a good and workmanlike manner. All materials used in Lessee’s Improvements will be of good quality. Lessee’s Improvements shall be of good workmanship and material and shall neither reduce the size of the Premises nor impair the strength of the Building. There shall be no construction fee paid to Lessor. Lessee shall take proper precautions for the safety of the public. Lessor shall not be responsible for any instanceloss or damage to or arising from Lessee’s Improvements except to the extent arising from Lessor’s negligence or willful misconduct. Lessee shall, at its expense, (i) cause all of Lessee’s Improvements to comply strictly with, and give all notices required by, all applicable local, state and federal laws, ordinances, rules, regulations, codes and orders (hereinafter referred to collectively as “Legal Requirements”); and (ii) obtain all building permits and any other permits required from any and all jurisdictions governing the Premises or construction of Lessee’s Improvements.

Appears in 1 contract

Samples: Lease (Gsi Group Inc)

ALTERATIONS AND ADDITIONS. LESSEE Section 8.01. The Lessee shall have the rightnot make any alterations or additions, from time to time, without LESSOR’s consentstructural or non-structural, to make interior alterations, improvements and/or additions in and to the Demised Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSOR, Lessor on each occasion which consent shall not be unreasonably withheld. Wherever consent is required, conditioned, delayed or deniedit shall include approval of plans and contractors. All such approved additionsallowed alterations, alterations or improvements including reasonable costs of review in seeking Lessor's approval, shall be made at Lessee's expense, in compliance with all laws, and shall be in accordance quality at least equal to plans the present construction. Except as set forth below, any alterations or additions made by the Lessee which are permanently affixed to the Demised Premises or affixed in a manner so that they cannot be removed without defacing or damaging the Demised Premises shall, if Lessor so elects, become property of the Lessor at the termination of occupancy as provided herein. If Lessor elects not to retain such alterations or additions, upon termination of this Lease, they shall be removed by Lessee, at its expense, with minimal disturbance to the Demised Premises. Alterations or additions not affixed and specifications prepared which may be removed with minimal disturbance or repairable damage may be removed by Lessee provided such disturbance or damage is restored and repaired so that the Demised Premises are left in at least as good a duly qualified architect condition as they were in at the commencement of the term, reasonable wear, tear and damage by fire or engineer who shall submit such plans other casualty not required to be insured by Lessee or taking or condemnation excepted. All other alterations and specifications to LESSOR for written approval, additions made by Lessee and not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises retained by Lessor shall be made in accordance with all applicable laws and shall removed by Lessee, at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR its expense, at the end of the Term term and the Demised Premises shall be left in the same condition as at the commencement of the term, reasonable wear, tear and damage by fire, if insured, or other earlier termination of this Lease. Any equipment installed insured casualty or taking or condemnation by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancepublic authority excepted.

Appears in 1 contract

Samples: Akamai Technologies Inc

ALTERATIONS AND ADDITIONS. LESSEE 11. (a) Tenant shall have the right, from time to time, without LESSOR’s consent, to not make interior or allow any alterations, additions or improvements and/or additions in and of or to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without Landlord's prior written consent of LESSORconsent, which consent shall not unreasonably be withheld. Landlord's consent shall not be required for any non structural tenant improvements costing less than Ten Thousand Dollars ($10,000.00). Any such alterations, additions or improvements, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture, and trade fixtures, shall become a part of the realty, shall belong to Landlord and shall be surrendered with the Premises at expiration or termination of the Lease. If Landlord consents to any such alterations, additions or improvements by Tenant, they shall be made by Tenant at Tenant's sole cost and expense, and any contractor or person selected by Tenant to perform the work shall first be approved of, in writing, by Landlord, which approval shall not be unreasonably withheld, conditioned, delayed or denied. All Landlord further reserves the right to require all plans for structural improvements and alterations to be reasonably approved by its structural engineer. No such approved additions, alterations or improvements work shall be in accordance allowed to plans commence until three (3) days have elapsed from the date of Landlord's consent. One Hundred Eighty (180) days prior to the termination of this Lease, Tenant shall provide to Landlord a complete and specifications prepared accurate set of "As Built" tenant improvement drawings showing any alterations and additions made by a duly qualified architect or engineer who shall submit such plans and specifications Tenant, including, but not limited to LESSOR for written approvalfloor plan drawings, not to be unreasonably withheldHVAC drawings, conditionedelectrical drawings, delayed or denied. All alterations, improvementssprinkler system drawings, and additions plumbing system drawings. Upon expiration, or sooner termination, of the term hereof, Tenant shall, upon written demand by Landlord given at least one hundred twenty (120) days prior to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term term, promptly remove any alterations, additions or other earlier termination of this Lease. Any equipment installed improvements made by LESSEE during the Term shall at LESSEE’s election Tenant and designated by Landlord to be removed at the expiration or termination time Landlord gave its written consent to the installation of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth hereinIf no such consent was required, LESSEE Landlord shall have the right, without LESSOR’s consent or approval, right to make non-structural alterations of less than $50,000 in any instance.direct Tenant to remove same provided Landlord gives

Appears in 1 contract

Samples: Industrial Building Lease (Connetics Corp)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have not make, or suffer to be made, any structural alteration or addition to said Premises or any non-structural alteration or addition to the rightpremises that has an aggregate cost in excess of twenty-five thousand dollars ($25,000), from time to timeor any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor, which consent shall not be unreasonably withheld, conditionedconditioned or delayed. The Lessee shall have the right to make interior, delayed or denied. All such approved additions, non-structural alterations or and improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises without Lessor's prior consent thereto for alterations and improvements that cost less than twenty-five thousand dollars ($25,000). Any addition or alteration to said Premises, except movable furniture and trade fixtures, shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, hardwall partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, all tenant improvements, all related equipment, and any additions or alterations installed by LESSEE during Lessee after Commencement Date shall be removed from the Term shall Premises unless Lessor informs Lessee in writing at LESSEE’s election the time the alterations and/or improvements that such improvements may remain on Premises. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will notify Lessee at the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLease.

Appears in 1 contract

Samples: Cei Systems Inc

ALTERATIONS AND ADDITIONS. LESSEE This Section 3.2 shall have apply before and during the right, from time to time, without LESSOR’s consent, to Term. Sublessee shall not make interior alterations, improvements and/or any alterations and additions in and to the Premises that will have no effect on the roofPremises, foundation or other structural elements of the Premises (the “Building Structure”) except in accordance with plans and will have no adverse effect on the heatingspecifications prepared by an architect, ventilatingand constructed by a contractor, air-conditioningfirst approved by Sublessor, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORin writing, which consent approval shall not be unreasonably withheld. Sublessor shall permit Sublessee and its contractors and agents to enter the Premises to install fixtures, conditionedfurnishings and equipment. Sublessor shall not be deemed unreasonable for withholding approval of any alterations or additions which (a) involve or might affect any structural or exterior element of the Building or any area or element or any facility serving any area of the Building, delayed or denied(b) will require unusual expense to readapt the Premises for research and development and laboratory purposes on Sublease termination or increase the cost of insurance or taxes on the Building. All such approved additionsalterations and additions shall become a part of the Premises, unless and until Sublessor, at its option, shall specify the same for removal pursuant to Section 3.4. All of Sublessee's alterations or improvements and additions and installation and delivery of telephone systems, furnishings and equipment shall be coordinated with any work being performed by Sublessor and shall be performed in accordance such manner and by such persons as shall maintain harmonious labor relations and not cause any damage to plans the Building or interfere with Building operation. Sublessee, before its work is started, shall: deliver to Sublessor a statement of the names of all its contractors and specifications prepared subcontractors (and obtain Sublessor's approval of the identity thereof, as aforesaid) and the estimated cost of all labor and material to be furnished by them and security satisfactory to Sublessor protecting Sublessor against liens arising out of the furnishing of such labor and material; and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Sublessor may reasonably require, but in no event less than a duly qualified architect combined single limit of $2,000,000, (all such insurance to be written by companies approved by Sublessor and insuring Prime Lessor, Sublessor and Sublessee as well as the contractors and Prime Lessor's mortgagees on the Premises), and deliver to Sublessor certificates of all such insurance. Sublessee agrees to pay promptly when due the entire cost of any work done on the Premises by Sublessee, its agents, employees, or engineer who shall submit such plans independent contractors, and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed cause or denied. All alterations, improvements, and additions permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Building and immediately to discharge any such liens which may so attach. Subject to the foregoing provisions, Sublessor acknowledges that Sublessee intends to perform the following work in the Premises: (a) create a reception area; (b) remove the existing sink and build-in cabinet in the conference room; and (c) change the existing microscope room located in Sublessor's premises into a kitchenette (collectively, the foregoing work is referred to as the "Initial Sublessee Improvements"). The Initial Sublessee Improvements shall be made performed at Sublessee's sole cost and expense using Sublessor's general contractor. Sublessor shall coordinate the performance of the work on Sublessee's behalf. Prior to making any of the Initial Sublessee Improvements, Sublessor will prepare plans, specifications and a budget for Sublessee's review at Sublessee's expense. Once the plans, specifications and budget are approved by Sublessee, Sublessor shall cooperate with Sublessee to obtain the Prime Lessor's approval for the Initial Sublessee Improvements. Upon obtaining the Prime Lessor's approval for the Initial Sublessee Improvements, Sublessor shall cause its general contractor to perform the Initial Sublessee Improvements in accordance with the approved plans, specifications and budget, at Sublessee's cost and expense (it being expressly acknowledged and agreed that Sublessee shall be solely responsible for any costs in excess of approved budgets unless the same were authorized by Sublessor without Sublessee's approval). Sublessee shall, as additional rent, within ten (10) business days of demand, reimburse Sublessor for any and all applicable laws and costs incurred by Sublessor in connection with the Initial Sublessee Improvements. At the time that Sublessor shall at once when made or installed be deemed to have attached request the Prime Lessor's consent to the freehold and to have become Initial Sublessee Improvements, Sublessor shall request the property of LESSOR and shall Prime Lessor's agreement that the Initial Sublessee Improvements may remain for in the benefit of LESSOR at Premises after the end expiration of the Sublease Term or other earlier termination and after the expiration of this the term of the Prime Lease. Any equipment installed by LESSEE during If the Prime Lessor shall agree that the Initial Sublessee Improvements may remain in the Premises after the expiration of the Sublease Term and after the expiration of the term of the Prime Lease, then Sublessee shall at LESSEE’s election be removed have no obligation to remove the Initial Sublessee Improvements at the expiration of the Sublease Term. If the Prime Lessor shall not agree that the Initial Sublessee Improvements may remain in the Premises after the expiration of the Sublease Term and after the expiration of the term of the Prime Lease, then Sublessee shall on or termination before the expiration of this Lease or shall remain the Sublease Term remove the Initial Sublessee Improvements and restore those affected portions of the Premises to their condition as existed at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceCommencement Date.

Appears in 1 contract

Samples: Sublease (Momenta Pharmaceuticals Inc)

ALTERATIONS AND ADDITIONS. LESSEE Tenant:  Shall not cut, puncture, or drill or otherwise deface or injure the building.  Shall not place or permit any awnings, sign, advertisement, illuminations, or projection on the outside of the building or upon any window of the Space Leased, including the xxxxx or ledges thereof, unless the same shall have first been requested in writing and approved by Landlord.  Shall not obstruct or permit the rightobstruction of any light or skylight in or upon the building, from time or the adjoining sidewalk or street, or the entrance, or any other part of the building to timethe exclusive use of which tenant is not entitled.  Shall be responsible for keeping all glass and windows clean and replacing broken glass of windows, unless windows broken are the result of actions by the Landlord, its agents, or employees.  Shall not, without LESSORthe Landlord’s consentprior written consent first obtained in each instance, make any alterations or additions to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioningthe: electric wiring, plumbing, electricalheating, mechanical and or ventilation equipment, appliances, or systems, water or gas lines, equipment appliances or system, tap any mains or pipes to supply water for refrigeration or ventilating apparatus, carpeting or flooring, windows or window coverings, siding, wall coverings, wallpaper, panels, shelving, or paint or to any other systems and equipment serving equipment, machinery, apparatus, or installations in or about the Premises generally (Space Leased or the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedbuilding. All alterations, improvementsadditions, and additions or improvements made to the Premises Space Leased by Tenant or Landlord, including but not limited to partitions, wallpaper, paneling and unless Landlord shall be made otherwise elect in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR writing, shall, at the end of the Term or other earlier termination term hereof, become the property of this LeaseLandlord and be surrendered as part of the Space Leased. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said All alterations, additions, and improvements. Notwithstanding anything or improvements to the contrary set forth hereinSpace Leased by Tenant or Tenant’s agents or employees must be done by a licensed and bonded contractor and licensed and bonded subcontractors. Landlord may require proof of such license and bonding prior to approving alterations, LESSEE additions, or decorations, including painting. All alterations must conform with the state, borough or municipal building codes. Landlord reserves the right to require proof of license, bonding and compliance with building codes prior the approving remodeling, additions, alterations, or decorations. If Landlord so elects, Tenant, at Tenant’s expense shall have restore the rightSpace Leased to the condition designated by Landlord at its election, without LESSOR’s consent before the last day of the term, or approvalwithin thirty (30) days after notice of election is given, to make non-structural alterations of less than $50,000 in any instancewhichever is earlier.

Appears in 1 contract

Samples: Lease for the Houston Visitor Center

ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have not make or suffer to be made any alterations, additions, or improvements (collectively, "ALTERATIONS") to or of the rightPremises, from time to timeor any part thereof, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORLandlord, which consent shall not be unreasonably withheld; provided, conditionedhowever, delayed if the Alterations would adversely affect the structure or deniedsafety of the Building or its electrical, plumbing, HVAC, mechanical or safety systems, or if such Alterations would create an obligation on Landlord's part to make modifications to the Building, Landlord may withhold its consent in its sole and absolute discretion. Notwithstanding the foregoing, without the prior consent of Landlord, but with the prior notice to Landlord, Tenant shall be entitled to make Alterations within the Premises, provided that (i) the cost of construction such Alterations does not exceed Twenty-Five Thousand and No/100ths Dollars ($25,000,00) per project In the aggregate, and (ii) does not effect the structure or mechanical systems of the Building, (iii) such Alterations are not visible from outside of the Premises, and (iv) Tenant otherwise complies with the provisions of this Section (collectively, "PERMITTED ALTERATIONS"). All such approved additions, alterations or improvements Alterations shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance comply with all applicable laws laws, statutes and shall at once when made or installed ordinances, which include, but are not limited to ADA (Tenant acknowledges that certain Alterations may require ADA compliance within the Premises, the Building, and the common areas thereof, which costs may be deemed to have attached disproportionate to the freehold cost of such Alteration). Any Alterations to or of said Premises, including, but not limited to, wall covering, paneling, and built-in Landlord shall provide written notice to have become Tenant prior to the property construction of LESSOR such Alteration whether Tenant will be required to remove such Alteration and shall remain for restore the benefit of LESSOR at Premises to its original condition upon the end expiration of the Term or other earlier termination Term, normal wear and tear excepted (Tenant shall have no obligation to remove any improvements constructed and/or installed within the Premises pursuant to the provisions of this Leasethe Work Letter Agreement). Any equipment installed by LESSEE during If Landlord so states, Tenant, at its own cost shall restore the Term shall at LESSEE’s election Premises to its original condition upon the expiration of the term; provided, however, Landlord may subsequently require any Permitted Alterations be removed at the expiration or the earlier termination of the term of this Lease Lease. Upon Landlord's approval of the requested Alterations, Tenant shall secure all necessary permits after approved by Landlord, if applicable. Before Landlord's consent to such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building or shall remain at its facade. As a condition to its consent, Landlord may request adequate assurance that all contractors who will perform such work have in force xxxxxxx'x compensation and such other employee and public liability insurance as Landlord deems necessary, and where the PremisesAlterations are material, Landlord may require Tenant or its contractors to post adequate completion and performance bonds. In the event Landlord consents to the making of making such any Alterations to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, completed to the satisfaction of Landlord, and the contractor or person selected by Tenant to make the same must first be approved in writing by Landlord. If Tenant makes any Alterations to the Premises as provided in this Section, the Alterations shall not be commenced until ten (10) business days after Landlord has received notice from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. Tenant shall reimburse Landlord for any reasonable expenses incurred by Landlord in connection with the Alterations made by Tenant, including any reasonable fees charged by Landlord's contractors or consultants to review plans and specifications prepared by Tenant, and the customary and reasonable cost of updating the existing as-built plans of the Building to reflect the alterations. Tenant shall indemnify, improvementsdefend and hold the Landlord, and/or additions as herein provided, LESSEE shall indemnify the Building and save the Premises free and harmless LESSOR from any liability, loss, damage, cost, attorneys' fees and all expenses, liens, claimsother expenses incurred on account of such construction, or damages to either claims by any person performing work or furnishing materials or supplies for Tenant or any persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceclaiming under Tenant.

Appears in 1 contract

Samples: Office Building Lease (Doubleclick Inc)

ALTERATIONS AND ADDITIONS. LESSEE SUBLESSEE shall have not, unless in accordance with the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in PRIME LEASE and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the with SUBLESSOR'S prior written consent of LESSOR, (which consent shall may not be unreasonably withheld), conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All make any alterations, improvements, additions, utility installations or repairs ("Alterations") in, on or about the DEMISED PREMISES. SUBLESSEE shall pay, when due, all claims for labor or materials furnished to or for SUBLESSEE at or for use in the DEMISED PREMISES, which claims are or may be secured by any mechanic's or materialmen's lien against the DEMISED PREMISES. SUBLESSEE shall not allow any liens relating to any work undertaken by SUBLESSEE to be recorded against the DEMISED PREMISES and additions shall take all necessary action to forthwith remove any such lien recorded against the DEMISED PREMISES. At the expiration of the term, SUBLESSOR may require the removal of any Alterations installed by SUBLESSEE and the restoration of the DEMISED PREMISES to their prior condition, reasonable wear and tear and casualty excluded, at SUBLESSEE'S expense. All Alterations (whether or not such Alterations constitute trade fixtures of SUBLESSEE) that may be made to the Premises DEMISED PREMISES by SUBLESSEE shall be paid for by SUBLESSEE, at its sole cost and expense, and shall be made and done in accordance with all applicable laws a good and shall at once when made or installed be deemed to have attached workmanlike manner. If this SUBLEASE is terminated due to the freehold expiration of its term or otherwise, and SUBLESSEE fails to remove its property as required by pursuant to this Section 10.3, in addition to any other remedies available to SUBLESSOR under this SUBLEASE, and subject to any other right or remedy SUBLESSOR may have become the under applicable law, SUBLESSOR may deem such Alterations as abandoned or remove any property of LESSOR SUBLESSEE from the DEMISED PREMISES and shall remain for store the benefit of LESSOR same elsewhere at the end expense and risk of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceSUBLESSEE.

Appears in 1 contract

Samples: Sublease (Ventures National Inc)

ALTERATIONS AND ADDITIONS. LESSEE Section 12.01. Tenant shall make no alterations, installations, additions, substitutions or improvements (hereinafter sometimes collectively referred to as "Alterations"), whether or not the same shall constitute waste, in or to the Demised Premises without Landlord's prior written consent, except that Landlord's consent shall not be required for Alterations to the interior of the Improvements, provided that (i) neither the outside appearance nor the roof facade or structural integrity of the Improvements shall be affected and (ii) the proper functioning or basic design of any of the mechanical, electrical, heating, ventilating or air conditioning and other systems of the improvements shall not be adversely affected or adversely modified. Landlord shall not unreasonably withhold or delay its consent to Alterations (a) physically affecting any part of the Demised Premises exclusive of the Improvements, (b) which will not adversely affect the structural integrity of the Improvements, or (c) which do not affect the roof of the Improvements. Prior to the commencement of any Alterations, Tenant will give Landlord written notice thereof together with plans and specifications for the work (if plans and specifications are customarily prepared for such work), and will otherwise comply with the provisions of this Article 12. Tenant shall promptly pay all costs and expenses incurred in connection with each such addition, alteration, removal or substitution and shall discharge any and all liens filed against the Demised Premises arising out of each thereof Tenant shall procure and pay for all permits and licenses required in connection with any such addition, alteration, removal or substitution. All Alterations constructed or caused to be constructed by Tenant shall be of a quality appropriate for first class office buildings in the Boca Raton, Florida area. Provided, however, notwithstanding anything contained herein to the contrary, Tenant shall have the right, from time prior to time, without LESSOR’s consentoccupancy of the Demised Premises, to make interior alterationsthe alterations described on Exhibit "B" of this Lease, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLandlord.

Appears in 1 contract

Samples: Sublease Agreement (Daleen Technologies Inc)

ALTERATIONS AND ADDITIONS. LESSEE Except for those improvements installed prior to the first anniversary of the Commencement Date and Permitted Alterations (as defined below), Tenant shall have not make, or suffer to be made, any alteration or addition to the rightsaid Premises ("Alterations"), from time to timeor any part thereof, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to (i) the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORLandlord first had and obtained, which consent shall not be unreasonably withheldwithheld or delayed, conditionedand (ii) delivering to Landlord the proposed architectural and structural plans, delayed or deniedif any, for all such Alterations. After having obtained Landlord's consent, Tenant agrees that it shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant further agrees to provide Landlord (i) written notice of the anticipated start date and actual start date of the work, and (ii) a complete set of half-size (15" X 21") vellum as-built drawings. All such approved additions, alterations or improvements Alterations shall be constructed in accordance to plans compliance with applicable buildings codes and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, laws. Alterations which are not to be unreasonably withhelddeemed as trade fixtures shall include heating, conditionedlighting, delayed electrical systems, air conditioning, partitioning, carpeting, or deniedany other installation which has become affixed to the Premises. All alterationsAlterations shall be maintained, improvementsreplaced or repaired by Tenant at Tenant's sole cost and expense, and additions except as provided in Section 11 below. Notwithstanding the above, Tenant shall have the right to remove any trade fixtures, furniture, or process equipment paid for by Tenant from the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of the Lease, which items shall include, without limitation, the items set forth in Exhibit "E" attached hereto and incorporated herein by this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsreference. Notwithstanding anything to the contrary set forth hereinforegoing, LESSEE Tenant shall have the right, without LESSOR’s the prior written consent or approvalof Landlord, to make certain alterations, additions or improvements (the "Permitted Alterations") which (i) do not affect the Building systems or structural components of the Building and (ii) which cost less, on an individual basis, than One Hundred Fifty Thousand Dollars ($150,000), provided that each such Permitted Alteration is otherwise performed in accordance with the terms of this Section 10. Ownership of any Alterations, Permitted Alterations or Tenant Improvements paid for by Tenant shall remain in Tenant throughout the Term of this Lease, and Tenant shall be entitled to the benefit of any depreciation or other tax benefits arising therefrom, provided that Landlord shall, upon the Expiration Date or earlier termination of the Term hereof, become the owner of any Alterations or Tenant Improvements made to the Premises which, pursuant to the terms of this Lease, are left on the Premises by Tenant. Tenant shall give Landlord at least ten (10) days' prior written notice of any Alteration or Permitted Alteration so that Landlord can post a notice of non-structural alterations of less than $50,000 in any instanceresponsibility with respect thereto.

Appears in 1 contract

Samples: Komag Inc /De/

ALTERATIONS AND ADDITIONS. LESSEE a. Lessee's Alterations. Lessee shall have not make or suffer to be made any -------------------- alterations, additions, changes or improvements (collectively, "Alterations") to or of the rightPremises, from time to time, or any part thereof without LESSOR’s Lessor's prior written consent, which consent shall not, except as otherwise expressly provided in the Lease, be unreasonably withheld. Lessee shall not make or suffer to make interior be made any alterations, additions, changes of improvements and/or additions in and (collectively "Alterations") to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on any part thereof if the Building System only after first obtaining aggregate cost of any such Alteration is reasonably anticipated to exceed Ten Thousand and 00/100ths Dollars ($10,000,00) without the prior written consent of LESSORLessor first had and obtained, which consent shall not be unreasonably withheldwithheld or delayed. Notwithstanding the foregoing, conditionedLessee shall not make any Alternation without Lessor's prior written consent and regardless of the cost thereof, delayed which (i) results in a change to the exterior of the Building, (ii) will be visible from the exterior of the Building, (iii) effects any changes in the structural components of the Building, or denied(iv) effects any of the Building systems. All Lessor may impose, as a condition to the aforesaid consent, such approved additionsrequirements as Lessor may deem necessary in its sole discretion, alterations including without limitation: the manner in which the work is done; a right of approval of the contractor by whom the work is to be performed; the times during which such work is to be accomplished; the requirement that Lessee post a completion bond in an amount and form satisfactory to Lessor; the requirement that Lessee reimburse Lessor, as additional rent, for Lessor's reasonable costs incurred in reviewing any proposed Alterations, whether or improvements not Lessor's consent is granted; and the requirement that at Lease Termination, either (i) Lessee, at its expense, will remove any and all such Alterations installed by Lessee and shall, at its cost, promptly repair all damages to the Project caused by such removal, or (ii) the Alterations made by Lessee shall remain with the Premises, be a part of the realty, and belong to Lessor. In the event Lessee makes any Alternations without Landlords's prior consent then at the expiration or sooner termination of the Lease, Lessor can require that they remove any or all of the Alternations and repair any damage to the Premises caused by such removal. If Lessor consents to any Alterations to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense in accordance to with plans and specifications prepared approved by a duly qualified architect or engineer who shall submit Lessor. Any such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises Alterations made by Lessee shall be made performed in accordance with all applicable laws laws, ordinances and codes and in a first class workmanlike manner, and shall at once when made not weaken or installed be deemed to have attached impair the structural strength or lessen the value of the Building, shall not invalidate, diminish, or adversely affect any warranty applicable to the freehold and to have become Building or any other improvements located within the property of LESSOR Project, including any equipment therein, and shall remain for the benefit of LESSOR at the end be performed in a manner causing Lessor and Lessor's agents and other tenants of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during Building the Term shall at LESSEE’s election be removed at least interference and inconvenience practicable under the expiration or termination of this Lease or shall remain at the Premisescircumstances. In the event of making any such alterationsAlterations, improvementsLessee shall, and/or additions as herein provided, LESSEE shall indemnify at Lessee's sole cost and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.expense:

Appears in 1 contract

Samples: Sublease and Agreement (Inktomi Corp)

ALTERATIONS AND ADDITIONS. LESSEE No alterations or additions shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and be made to the Premises that by Lessee without the prior written consent of Lessor which Lessor will have no effect on not unreasonably withhold. Notwithstanding the roofpreceding sentence, foundation or other Lessee shall be entitled to make alterations and additions to the Premises without first obtaining Lessor’s consent thereto if and only if they (i) do not affect the structural elements of the Premises or the roof membrane of the Premises, (ii) cost in the “Building Structure”aggregate over any 12 month period of time no more than Fifteen Thousand Dollars ($15,000), and (iii) and will have no adverse effect on do not affect the heatingelectrical, ventilating, air-conditioninggas, plumbing, electricalHVAC, mechanical and or other systems and equipment serving of the Premises. In no event shall any alteration or addition be of such a nature as to reduce or otherwise adversely affect the value of the improvements within the Premises generally (immediately before making such alterations or additions, or to diminish the “Building Systems”)general utility of the Premises for the permitted uses hereunder. LESSEE may Lessor shall have absolutely no obligation to consider or consent to any request by Lessee to make alterations, improvements and/or additions any alteration or addition that affect affects the exterior structural elements of the Premises or may have a material adverse effect on the Building System only after first obtaining roof membrane of the prior written consent Premises. Lessee acknowledges that Lessor desires the interior of LESSORthe Premises to remain free of interior hard wall partitions, which consent and Lessor shall not be unreasonably withhelddeemed unreasonable for withholding consent to any hard wall partitions proposed by Lessee, conditionedwhether to create interior offices, delayed or deniedfor a demising wall between Lessee and any entity to whom it may sublease space, or otherwise. All such approved As a condition of giving its consent to any proposed alterations or additions, Lessor may require that Lessee agree to remove any such alterations or improvements shall be at the expiration of the term and to restore the Premises to their prior condition. As a further condition to giving such consent, Lessor may require Lessee to provide Lessor, at Lessee’s sole cost and expense, with a lien and completion bond in accordance an amount equal to plans one and specifications prepared one-half (1-1/2) times the estimated cost of such improvements, to insure Lessor against any liability for mechanic’s and materialmen’s liens and to insure completion of the work. As to any alterations or additions made by a duly qualified architect Lessee without Lessor’s consent (which Lessee has no right to make except as specifically provided above), Lessee shall, unless otherwise requested in writing by Lessor prior to expiration or engineer who shall submit sooner termination of the lease term, remove the same from the Premises and restore the Premises, including any building systems affected thereby, to its condition existing immediately prior to such plans alteration or addition being made (subject to reasonable wear and specifications to LESSOR for written approvaltear). All changes, not alterations, or additions to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions made to the Premises shall be under the supervision of a competent architect or competent licensed structural engineer and made in accordance with plans and specifications which have been furnished to and approved by Lessor prior to commencement of work. If the written consent of Lessor to any proposed alterations by Lessee shall have been obtained, Lessee agrees to advise Lessor in writing of the date upon which such alterations will commence in order to permit Lessor to post a notice of non-responsibility. All such alterations, changes and additions shall be constructed in good and workmanlike manner in accordance with all applicable ordinances and laws and relating thereto. Lessee shall at once when made deliver to Lessor “as built” plans of any improvements or installed be deemed to have attached alterations to the freehold and Premises made by Lessee during the term of this Lease. Any such changes, alterations or additions to have become or on the property of LESSOR and Premises shall remain for the benefit of LESSOR and become the property of Lessor, unless Lessor requires their removal by giving Lessee written notice at least thirty (30) days before the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at date Lessee is to vacate the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 1 contract

Samples: And Attornment Agreement (NeoStem, Inc.)

ALTERATIONS AND ADDITIONS. LESSEE (a) Lessee shall have the right, from time to timenot, without LESSOR’s consent, to Lessor's prior written consent make interior any alterations, improvements and/or additions improvements, additions, or Utility Installations in, on or about the Premises, except for nonstructural alterations not exceeding $2,500 in and cumulative costs during the term of this Lease In any event, whether or not in excess of $2.500 in cumulative cost, Lessee shall make no change or alteration to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect nor the exterior of the building(s) on the Building System only after first obtaining the Premises without Lessor's prior written consent As used in this Paragraph 7.5 the term "Utility Installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Lessor may require that Lessee remove any or all of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All said alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed Utility Installations at the expiration or termination of this Lease or shall remain the term, and restore the Premises to their prior condition. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one half times the Premisesestimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. In the event of making such Should Lessee make any alterations, improvements, and/or additions as herein providedor Utility Installations without the prior approval of Lessor, LESSEE shall indemnify and save harmless LESSOR from Lessor may require that Lessee remove any and or all expensesof the same. (b) Any alterations, liensimprovements, claimsadditions or Utility Installations in, or damages about the Premises that Lessee shall desire to either persons or Premises arising out ofmake and which requires the consent of the Lessor shall be presented to Lessor in written form, or resulting with proposed detailed plans. If Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from appropriate governmental agencies, the undertaking or making furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said alterations, additions, permit in a prompt and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceexpeditious manner.

Appears in 1 contract

Samples: Industrial Lease (Newstar Media Inc)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor, which consent shall not be unreasonably withheld, conditioned, withheld or delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions subject to the Premises following terms. Any addition or alteration to said Premises, except movable furniture and trade fixtures, shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any Alterations and additions which are not deemed to be trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements and all related equipment installed by LESSEE Lessee after completion of the initial construction and fit-out of the Buildings during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the special tenant improvements, except as provided in Section 2.6. Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsLease. Notwithstanding anything to the contrary set forth hereinabove, LESSEE shall have the right, without LESSOR’s consent or approval, to Lessee may make non-structural alterations of less than $50,000 per instance without the approval of Lessor, but Lessor may require removal as stated herein. Lessee must obtain advance approval from Lessor to remove any alteration or improvements from the Premises that are not deemed trade fixtures or furniture. Lessee shall be entitled to install, at its own cost, satellite and/or microwave dishes and antenna for reception and transmission of electromagnetic signals on the Buildings, subject to Lessor's approval of the location and method of installation, which shall not be unreasonably withheld or delayed and subject to obtaining the necessary permits and approvals from governmental agencies. Such items shall be removed by Lessee and the Premises restored by Lessee at its sole cost in any instanceaccordance with Sections 2.6 and 4 of this Lease. No additional rent shall be due from Lessee for use of roof space.

Appears in 1 contract

Samples: Mission West Properties Inc

ALTERATIONS AND ADDITIONS. LESSEE This Section 3.4 shall have apply before and during the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and Term. With respect to the Premises that will have no effect on 18 Cxxxxx Premises, Tenant shall not make any alterations or additions to the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the 18 Cxxxxx Premises or may have a material adverse effect on the any 18 Cxxxxx Building System only after systems which (a) are structural in nature or (b) equal or exceed Fifty Thousand and 00/100 Dollars ($50,000.00) in cost except in accordance with plans and specifications first obtaining the prior written consent of LESSORapproved by Landlord in writing, which consent approval may be given or withheld for any reason, or for no reason. With respect to the 14 Cxxxxx Premises, Tenant shall not make any alterations or additions to the 14 Cxxxxx Premises or any 14 Cxxxxx Building systems which (a) are structural in nature or (b) equal or exceed Fifty Thousand and 00/100 Dollars ($50,000.00) in cost except in accordance with plans and specifications first approved by Landlord in writing, which approval may be given or withheld for any reason, or for no reason. With respect to the 18 Cxxxxx Premises, Tenant shall not make any non-structural alterations or additions to the 18 Cxxxxx Premises or any 18 Cxxxxx Building systems costing less than $50,000.00 except in accordance with plans and specifications first approved by Landlord in writing, which approval shall not be unreasonably withheld, conditioned, delayed or denieddelayed. All such approved additionsWith respect to the 14 Cxxxxx Premises, Tenant shall not make any non-structural alterations or improvements shall be additions to the 14 Cxxxxx Premises or any 14 Cxxxxx Building systems costing less than $50,000.00 except in accordance to with plans and specifications prepared first approved by a duly qualified architect or engineer who Landlord in writing, which approval shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denieddelayed. All alterationsalterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by or for Landlord and in such manner as to maintain harmonious labor relations and not to damage the Building or Lot or interfere with Building or Office Park operation and, improvementsexcept for installation of furnishings, shall be performed by contractors or workmen first approved by Landlord, such approval not to be unreasonably conditioned, withheld or delayed. Tenant, before its work is started shall: secure all licenses and permits necessary, deliver to Landlord a statement of the names of all its contractors and subcontractors and security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of labor and material; and cause each contractor to carry workmen’s compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and comprehensive public liability insurance with such limits no less than as stated in Section 1.1 hereof (all such insurance to be written in companies in good standing and insuring Landlord and Tenant as well as the contractors), and additions to deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises shall by Tenant, its agents, employees, or independent contractors, and not to cause or permit mechanics’ or other liens to be made placed upon the Property, Premises or Tenant’s leasehold interest in accordance connection with all applicable laws and shall at once when made any work or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain service done or purportedly done by or for the benefit of LESSOR Tenant or its subtenants or transferees. Tenant shall give Landlord notice at least fifteen (15) days prior to the end commencement of any work in the Term Premises to afford Landlord the opportunity, where applicable, to post and record notices of non-responsibility. Tenant, within twenty (20) days of notice from Landlord, shall fully discharge any lien by settlement, by bonding or other earlier termination of this Lease. Any equipment installed by LESSEE during insuring over the Term lien in the manner prescribed by the applicable lien Law and, if Tenant fails to do so, Tenant shall at LESSEE’s election be removed at the expiration or termination of deemed in Default under this Lease and, in addition to any other remedies available to Landlord as a result of such Default by Tenant, Landlord, at its option, may bond, insure over or otherwise discharge the lien. Tenant shall remain at the Premisesreimburse Landlord for any amount paid by Landlord, including, without limitation, reasonable attorneys’ fees. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE Landlord shall have the rightright to require Tenant to post a performance or payment bond in connection with any work or service done or purportedly done by or for the benefit of Tenant. Tenant acknowledges and agrees that all such work or service is being performed for the sole benefit of Tenant and not for the benefit of Landlord. Tenant shall pay, without LESSORas Additional Rent, 100% of any increase in Real Estate Taxes, on either the 18 Cxxxxx Building and/or the 14 Cxxxxx Building, as applicable, which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the 18 Cxxxxx Premises and/or the 14 Cxxxxx Premises, as applicable, made by Tenant. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s consent plans and specifications. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any alterations or approvaladditions equal to five percent (5%) of the cost of such alterations and additions. Upon completion, to make nonTenant shall furnish “as-structural built” plans for the alterations and additions, completion affidavits and full and final waivers of less than $50,000 in any instancelien. Landlord’s approval of an alteration or addition shall not be deemed a representation by Landlord that the alteration or addition complies with Law.

Appears in 1 contract

Samples: Lease (Quanterix Corp)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor, which consent shall not be unreasonably withheldany addition or alteration to said Premises, conditionedexcept movable furniture, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvementsmovable partitions, and additions to the Premises trade fixtures, shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any Alterations and additions which arc not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, non-movable partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements and all related equipment installed by LESSEE Lessee, unless approved by Lessor not to remove, at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the special tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration Lease Expiration or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsLease. Notwithstanding anything to the contrary set forth hereinabove, LESSEE Lessee shall have the right, without LESSOR’s consent or approvalduring the term of this Lease, to make non-improvements to the Premises at their sole cost and expense of S25,000 per year with no approval from Lessor, provided they are not structural alterations and subject to the requirement to remove the subject improvements at the end of less than $50,000 in any instancethe Lease Term or earlier termination of the Lease.

Appears in 1 contract

Samples: Inso Corp

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior any alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises or any part thereof, without prior written consent of Lessor, which consent Lessor shall not unreasonably withhold, and without a valid building permit issued by the appropriate governmental authority. Lessor retains, at his sole option, the right to retain a General Contractor of his own choosing to perform all repairs, alterations, improvements, or additions in, on, about, or to said Premises or any part thereof that will Lessor is required to perform under this Lease. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions at the termination of this Lease, and to restore the Premises to their prior condition; provided, however, that Lessor shall have no effect on right to require Lessee to remove any alterations unless it notifies Lessee at the rooftime it consents to such alteration that it shall require such alteration to be removed. Notwithstanding anything to the contrary in this Section 12, foundation or other Lessee may construct non-structural elements of alterations, additions and improvements that do not affect the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioningmechanical, plumbing, electrical, mechanical and other or HVAC systems and equipment serving (“Alterations”) in the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior without Lessor’s prior approval but with prior written notification of the Premises or may have a material adverse effect work, if the cost of any such project does not exceed Ten Thousand Dollars ($10,000); provided, however, that in no event shall Lessee perform any Alterations on the Building System only after roof of the building without first obtaining the prior written consent of LESSORLessor’s consent, which consent shall not be unreasonably withheldand, conditionedas a condition to granting such consent, delayed or denied. All Lessor may require Lessee to take such approved additions, alterations or improvements shall be in accordance steps as are reasonably necessary to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions prevent any warranty applicable to the Premises shall be made in accordance with all applicable laws and shall at once when made roof from being voided. Any alteration, addition, or installed be deemed to have attached improvement to the freehold and to have Premises, shall become the property of LESSOR Lessor upon installation, and shall remain for upon and be surrendered with the benefit of LESSOR Premises at the end of the Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning (other than supplemental HVAC units installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration Lessee), partitioning, electrical signs, carpeting, or termination any other installation which has become an integral part of this Lease or shall remain at the Premises. In the event of that Lessor consents to Lessee’s making such any alterations, improvements, and/or additions as herein providedor additions, LESSEE Lessee shall indemnify and save harmless LESSOR from any and all expensesbe responsible for the timely posting of notices of non-responsibility on Lessor’s behalf, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Lessee’s failure to post notices of non-responsibility as required hereunder shall be a breach of this Lease. Notwithstanding anything to the contrary set forth hereinin this Lease, LESSEE if, during the term of this Lease, any alteration, addition, or change of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by any Laws, then, if such legal requirement is not imposed because of Lessee’s specific use of the Premises (other than for general office use) and is not “triggered” by Lessee’s alterations or Lessee’s application for a building permit or any other governmental approval (in which instance Lessee shall have be responsible for 100% of the rightcost of such improvement)(other than the Lessee Improvements), without LESSOR’s consent Lessor shall be responsible for constructing such improvement, and Lessee shall be responsible for its proportional share of the cost for said improvement, amortized over the useful life of such improvement that coincides with the remaining Lease term including any extensions. Lessor represents and warrants that as of the date hereof it has not received any notice that the Premises or approval, to make non-structural alterations the building of less than $50,000 which the Premises form a part is currently in violation of any instanceLaws or that any improvements are required by Laws.

Appears in 1 contract

Samples: Lease (Opnext Inc)

ALTERATIONS AND ADDITIONS. LESSEE (a) Except as provided below, Tenant shall have the right, from time to timenot, without LESSOR’s Landlord's prior written consent, to which may be given or withheld in Landlord's sole discretion, make interior any alterations, improvements and/or additions in improvements, additions, utility installations or repairs (hereinafter collectively referred to as "Alterations") in, on or about the Premises or the Project. Alterations shall include, but shall not be limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, painting, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. Landlord shall not unreasonably withhold its consent to Tenant making cosmetic, non-structural alterations ("Cosmetic Alterations") to the inside of the Premises (e.g., paint and carpet, communication systems, telephone and computer system wiring) that will have no effect on do not (i) involve the roofexpenditure of more than $5,000 in the aggregate in any calendar year, foundation (ii) affect the exterior appearance of the Building, (iii) affect the Building’s electrical, plumbing, HVAC, life, fire, safety or other security systems, (iv) affect the structural elements of the Building or (v) adversely affect any other tenant of the Project. At the expiration of the term, Landlord may require the removal of any Alterations installed by Tenant and the restoration of the Premises and the Project to their prior condition, at Tenant's expense. If a work letter agreement is entered into by Landlord and Tenant, Tenant shall not be obligated to remove the tenant improvements constructed in accordance with the work letter agreement. If, as a result of any Alteration made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other law or regulation and such compliance requires Landlord to make any improvement or Alteration to any portion of the Project, as a condition to Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. Should Landlord permit Tenant to make its own Alterations, Tenant shall use only such contractor as has been expressly approved by Landlord, and Landlord may require Tenant to provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such Alterations, to insure Landlord against any liability for mechanic's and materialmen's liens and to insure completion of the work. In addition, Tenant shall pay to Landlord a fee equal to the lesser of (i) the actual amount Landlord pays to its property manager to supervise such alterations, or (ii) three percent (3%) of the cost of the Alterations to compensate Landlord for the overhead and other costs it incurs in reviewing the plans for the Alterations and in monitoring the construction of the Alterations (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building SystemsLandlord Fee”). LESSEE may If Landlord incurs architectural, engineering or other consultants’ fees in evaluating such Alterations, Tenant shall reimburse Landlord for these fees in addition to the Landlord Fee. If Tenant proposes Alterations to Landlord but subsequently elects not to construct the Alterations, and Landlord has incurred costs in reviewing Tenant’s proposed Alterations (e.g., architect’s, engineer’s or property management fees), Tenant shall reimburse Landlord for the costs incurred by Landlord within ten (10) days after written demand. Should Tenant make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining any Alterations without the prior written consent approval of LESSORLandlord, which consent shall or use a contractor not be unreasonably withheldexpressly approved by Landlord, conditionedLandlord may, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to at any time during the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination term of this Lease. Any equipment installed by LESSEE during , require that Tenant remove all or part of the Term shall at LESSEE’s election be removed at Alterations and return the expiration or termination Premises to the condition it was in prior to the making of this Lease or shall remain at the PremisesAlterations. In the event of making such alterationsTenant makes any Alterations, improvementsTenant agrees to obtain or cause its contractor to obtain, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything prior to the contrary set forth hereincommencement of any work, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 "builders all risk" insurance in any instancean amount approved by Landlord and workers compensation insurance.

Appears in 1 contract

Samples: Standard Office Lease (Motivating the Masses Inc)

ALTERATIONS AND ADDITIONS. LESSEE shall have the right(a) Tenant, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining with the prior written consent of LESSOR, Landlord (which consent shall not be unreasonably withheld), conditionedand only with such consent, delayed and subject to the conditions hereinafter set forth, at Tenant's sole cost and expense, may construct or denied. All such approved additionsotherwise make new Improvements on any part or all of the Land, alterations and may alter, modify, repair or improvements add to any existing Improvements (all or any of the foregoing being hereinafter collectively called "Alterations"); -9- ^ TLl.IBOI 8855)24 provided, however, that all Alterations shall be in made In accordance to plans and specifications prepared by a duly qualified architect or engineer who with paragraph 36 of this Lease. Landlord shall submit such plans and specifications to LESSOR for written approval, not be deemed to be unreasonably withheldwithholding Landlord's consent to any Alterations if Landlord conditions consent thereto upon Tenant's delivering to Landlord evidence reasonably satisfactory to Landlord of Ten ant's financial ability to complete and pay for such Alterations. (b) Throughout the term of this Lease, conditioned, delayed or denied. All alterations, improvementstitle to all Alterations shall be vested in Tenant, and additions Tenant shall be entitled to all tax attributes derived therefrom, including depreciation and tax investment credits. Upon the expiration of the term of, or upon the earlier termination of, this Lease, Tenant shall remove all Alterations and restore the Premises in accordance with the terms and provisions set forth in subparagraph 12(c). (c) Tenant shall remove the Alterations and restore the Premises as follows: (i) Tenant shall cause the removal of all Alterations from the Premises, including, without limitation, all, if any, underground storage tanks located by Tenant on the Premises, and, to the extent required by any requirements of any governmental authorities having jurisdiction with respect thereto (including, without limitation, the Federal Environmental Protection Agency and the Georgia Environmental Protection Division), any soil on the Premises contaminated by any leakage from said tanks. (ii) Tenant shall restore all portions of the Land disturbed in cormection with the removal procedure described in clause (i), above, including, without limitation, filling such disturbed portions with replacement soil having a composition similar to the soil on adjacent undisturbed areas of the Land. Such replacement soil shall be made filled to a ninety five percent (95%) degree of compaction and density as the soil on such adjacent, undisturbed areas, and shall be graded in a xxxxxx similar to such adjacent, undisturbed areas. (iii) Tenant shall perform Tenant's duties and obligations under this subparagraph 12(c) in a good and workmanlike xxxxxx and in accordance with all applicable laws requirements of all governmental authorities having jurisdiction with respect thereto, including, without limitation, the Federal Environmental Protection Agency and the Georgia Environmental Protection Division. (iv) Tenant shall at once when made perform Tenant's duties and obligations under this subparagraph 12(c) within thirty (30) days following the Expiration Date or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsat Tenant's sole cost and expense; provided. however. if such duties and obligations carmot be performed within thirty (30) days, such time period shall be extended if Tenant commences such performance within such thirty (30) day period and continuously prosecutes such performance to completion with due diligence. (d) Notwithstanding anything to the contrary set forth hereinprovisions ofsubparagrapb 12(c), LESSEE Landlord shall have the right, without LESSOR’s consent or approvalat its option, to make non-structural alterations elect to require Tenant to leave in place on the Premises at the expiration or earlier termination of less this Lease all or any portion of the Improvements. Such -10- ATLI.1ll01 8M~~J2_4 option may be exercised by Landlord giving Tenant written notice not more than $50,000 ten (10) days after the expiration or earlier termination of this Lease specifying the Improvements to be left in any instanceplace. If Landlord exercises such option, then: (i) the Improvements left in place shaH be left in good order and repair, excepting only ordinary wear and tear, depreciation and obsolescence, and damage by fire or other casualty covered by insurance required to be maintained by Tenant under this Lease; and (ii) Tenant shall otherwise fuHy and completely perform, satisfy and comply with the provisions of this paragraph 12 in respect of the Improvements removed and the portions of the Premises affected by such removal. Title to all Improvements so left in place shaH vest in Landlord immediately upon the expiration or earlier termination ofthis Lease. 13.

Appears in 1 contract

Samples: Asset Purchase Agreement

ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior (a) All alterations, additions and improvements and/or additions in and to the Premises that will have no effect on (herein collectively called the roof"Leasehold Improvements"), foundation by Landlord or other structural elements Tenant shall become a part of the Premises (and the Building Structure”) and will have no adverse effect on shall be owned by and be the heatingproperty of Landlord, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving at the time same are placed in or upon the Premises generally (the “Building Systems”)without compensation to Tenant. LESSEE may make alterationsTenant shall not, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSORLandlord (which consent Landlord may withhold in its sole discretion), make any changes, modifications, alterations, additions or improvements (other than Tenant's Improvements under the Work Letter) to, or install any equipment or machinery (other than office equipment and unattached personal property) on, the Premises (all such changes, modifications, alterations, additions, improvements (other than Tenant's Improvements under the Work Letter) are herein collectively referred to as "Installations") if any such Installations would (i) affect any structural or load bearing portions of the Complex, (ii) result in a material increase of electrical usage above the normal type and amount of electrical current to be provided by Landlord, (iii) result in a significant increase in Tenant's usage of heating or air conditioning, (iv) significantly impact mechanical, electrical or plumbing systems in the Premises or the Complex, (v) affect areas of the Premises which can be viewed from Common Areas, (vi) require greater or more difficult cleaning work (e.g., kitchens, reproduction rooms and interior glass partitions), (vii) adversely affect Landlord's ability to deliver services to other tenants of the Complex or (viii) violate any provision of this Lease (all of the foregoing hereinafter called "Structural Installations"). As to Installations not covered by the preceding sentence (hereinafter called "Non-Structural Installations"), Tenant will not perform same without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, delayed withheld or denieddelayed. All such approved additions, alterations or improvements Installations shall be at Tenant's sole cost and expense. Without in accordance any way limiting Landlord's consent rights, Landlord shall not be required to give its consent until (a) Landlord approves the contractor or person making such Installations and approves such contractor's insurance coverage to be provided in connection with the work, (b) Landlord approves final and complete plans and specifications prepared by a duly qualified architect or engineer who shall submit such for the work and (c) the appropriate governmental agency, if any, has approved the plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedsuch work. All alterations, improvements, and additions work performed by Tenant or its contractor relating to the Premises Installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. Upon completion of the Installations, Tenant shall deliver to Landlord "as built" plans. If Landlord performs such Installations, Tenant shall pay Landlord, as additional rent, the cost thereof plus five percent (5%) as reimbursement for Landlord's overhead. Each payment shall be made to Landlord within ten (10) days after receipt of an invoice from Landlord. All Non-Structural Installations shall be removed at the termination of this Lease, as provided in accordance Paragraph 11 unless Landlord agrees in writing at the time of their installation that they do not have to be removed upon the termination of this Lease. Structural Installations shall be removed at the termination of this Lease, as provided in Paragraph 11, except where approved by Landlord without the requirement that such Installations be removed upon termination of this Lease, which requirement will be made by Landlord, if at all, within ten (10) business days of the time Tenant provides Landlord with all applicable laws written notice and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain plans for the benefit of LESSOR at requested Structural Installation; provided, however, that Tenant shall upon the end of the Term expiration or other earlier termination of this Lease, restore to condition consistent with normal office use any portions of the Premises that had been used for laboratory use as contemplated in Section 1(g) hereinabove. Tenant shall indemnify and hold Landlord harmless from and reimburse Landlord for and with respect to, any and all costs, expenses (including reasonable attorneys' fees), demands, claims, causes of action and liens, arising from or in connection with any Installations performed by or on behalf of Tenant, EVEN IF THE SAME IS CAUSED BY THE NEGLIGENCE OR OTHER TORTIOUS CONDUCT OF LANDLORD OR LANDLORD IS STRICTLY LIABLE FOR SUCH COSTS, EXPENSES OR CLAIMS. All Installations performed by or on behalf of Tenant will be performed diligently and in a first-class workmanlike manner and in compliance with all applicable laws, ordinances, regulations and rules of any public authority having jurisdiction over the Complex and/or Tenant's and Landlord's insurance carriers. Landlord will have the right, but not the obligation, to inspect periodically the work on the Premises and may require changes in the method or quality of the work. Any equipment installed approval by LESSEE during Landlord (or Landlord's architect and/or engineers) of any of Tenant's contractors or Tenant's drawings, plans or specifications which are prepared in connection with any construction of improvements (including without limitation, Tenant's Improvements) in the Term Premises shall at LESSEE’s election not in any way be removed at construed as or constitute a representation or warranty of Landlord as to the expiration abilities of the contractor or termination the adequacy or sufficiency of such drawings, plans or specifications or the improvements to which they relate, for any use, purpose or condition. Notwithstanding anything in this Lease to the contrary, Tenant may make minor, non-structural alterations, additions and improvements (that do not significantly affect the Building's mechanical, electrical, HVAC or plumbing systems) to the Premises in the normal course of Tenant's business that cost less than Five Thousand Dollars ($5,000.00) without having to obtain Landlord's prior approval of those alterations, additions or improvements, but with prior notice to Landlord. Landlord hereby reserves the right and at all times shall remain at have the right to repair, change, redecorate, alter, improve, modify, renovate, enclose or make additions to any part of the Complex (including, without limitation, structural elements and load bearing elements within the Premises) and to enclose and/or change the arrangement and/or location of driveways or parking areas or landscaping or other Common Areas of the Complex, all without being held guilty of an actual or constructive eviction of Tenant or breach of the implied warranty of suitability and without an abatement of rent (the "Reserved Right"). In Without in any way limiting the event generality of making such the foregoing, Landlord's Reserved Right shall include, but not be limited to the right to do any of the following: (i) erect and construct scaffolding, pipe, conduit and other structures on and within and outside of the Premises where reasonably required by the nature of the changes, alterations, improvements, modifications, renovations and/or additions as herein providedbeing performed, LESSEE shall indemnify (ii) perform within and save harmless LESSOR from any outside of the Premises all work and all expensesother activities associated with such changes, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additionsimprovements, modifications, renovations and/or additions being performed, (iii) repair, change, renovate, remodel, alter, improve, modify or make additions to the arrangement, appearance, location and/or size of entrances or passageways, doors and doorways, corridors, elevators, elevator lobbies, stairs, toilets or other Common Areas, (iv) temporarily close any Common Area and/or temporarily suspend Complex services and facilities in connection with any repairs, changes, alterations, modifications, renovations or additions to any part of the Complex, (v) repair, change, alter or improve plumbing, pipes and conduits located in the Complex, including without limitation, those located within the Premises, and improvements. Notwithstanding anything (vi) repair, change, modify, alter, improve, renovate or make additions to the contrary set forth hereinComplex central heating, LESSEE ventilation, air conditioning, electrical, mechanical or plumbing systems. When exercising the Reserved Right, Landlord will interfere with Tenant's use and occupancy of the Premises as little as is reasonably practicable. All changes, alterations, improvements, modifications, renovations and additions made by Landlord pursuant to the Reserved Right shall have be of comparable or better quality than the rightportion of the Complex being changed, without LESSOR’s consent altered, improved, modified or approval, to make non-structural alterations of less than $50,000 in any instancerenovated.

Appears in 1 contract

Samples: Crossroads Systems Inc

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior any alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises that will have no effect on the roofor any part thereof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor, which consent Lessor shall not be unreasonably withheldwithhold, conditionedand without a valid building permit issued by the appropriate governmental authority. Lessor retains, delayed or denied. All such approved additionsat his sole option, alterations or improvements shall be in accordance the right to plans and specifications prepared by retain a duly qualified architect or engineer who shall submit such plans and specifications General Contractor of his own choosing to LESSOR for written approvalperform all repairs, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, or additions in, on, about, or to said Premises or any part thereof that Lessor is required to perform under this Lease. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions at the termination of this Lease, and additions to restore the Premises to their prior condition; provided, however, that Lessor shall have no right to require Lessee to remove any alterations unless it notifies Lessee at the time it consents to such alteration that it shall require such alteration to be removed. Notwithstanding anything to the contrary in this Section 12, Lessee may construct non-structural alterations, additions and improvements (“Alterations”) in the Premises without Lessor’s prior approval, but on not less than five (5) business days prior written notice to Lessor, if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000); provided, however, that in no event shall be made in accordance with all Lessee perform any Alterations on the roof of the building without first obtaining Lessor’s consent, and, as a condition to granting such consent, Lessor may require Lessee to take such steps as are reasonably necessary to prevent any warranty applicable laws and shall at once when made or installed be deemed to have attached to the freehold and roof from being voided, including, without limitation, requiring that Lessor’s designated contractor perform or supervise any work that pertains to have the roof. Any alteration, addition, or improvement to the Premises, shall become the property of LESSOR Lessor upon installation, and shall remain for upon and be surrendered with the benefit of LESSOR Premises at the end of the Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning (other than supplemental HVAC units installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration Lessee), partitioning, electrical signs, carpeting, or termination any other installation which has become an integral part of this Lease or shall remain at the Premises. In the event of that Lessor consents to Lessee’s making such any alterations, improvements, and/or additions as herein providedor additions, LESSEE Lessee shall indemnify and save harmless LESSOR from any and all expensesbe responsible for the timely posting of notices of non-responsibility on Lessor’s behalf, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Lessee’s failure to post notices of non-responsibility as required hereunder shall be a breach of this Lease. Notwithstanding anything to the contrary set forth hereinin this Lease, LESSEE if, during the term of this Lease, any alteration, addition, or change of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by any Laws, then, if such legal requirement is not imposed because of Lessee’s specific use of the Premises (other than for general office use) and is not “triggered” by Lessee’s alterations or Lessee’s application for a building permit or any other governmental approval (in which instance Lessee shall have be responsible for 100% of the rightcost of such improvement)(other than the Lessee Improvements), without LESSOR’s consent Lessor shall be responsible for constructing such improvement, and Lessee shall be responsible for its proportional share of the cost for said improvement, amortized over the useful life of such improvement that coincides with the remaining Lease term including any extensions. Lessor represents and warrants that as of the date hereof it has not received any notice that the Premises or approval, to make non-structural alterations the building of less than $50,000 which the Premises form a part is currently in violation of any instanceLaws or that any improvements are required by Laws.

Appears in 1 contract

Samples: Lease (Opnext Inc)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the right, from time not make or suffer to time, without LESSOR’s consent, to make interior be made any alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on any part thereof without the Building System only after first obtaining the prior written consent of LESSORLessor first had and obtained. Any alterations, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements to or of said Premises, including but not limited to, partitions, carpeting, wall covering, paneling, and built-in cabinet work, but excepting moveable furniture and trade fixtures, shall on the expiration of the term become a part of the realty and belong to the Lessor and shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance surrendered with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event Lessor consents to making of making such any alterations, improvementsadditions or improvements to the Premises by Lessee, and/or additions as herein providedthe same shall be made by Lessee at Lessee's sole cost and expense and any contractor or person selected by Lessee to make the same must first be approved of in writing by the Lessor. Upon the expiration of or sooner termination of the term hereof, LESSEE shall indemnify Lessee shall, upon written demand by Lessor, given at least thirty (30) days prior to the end of the term, at Lessee's sole cost and save harmless LESSOR from expense, forthwith and with all due diligence remove any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, or improvements made by Lessee, designated by Lessor to be removed, and improvements. Notwithstanding anything Lessee shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent Premises or approval, to make non-structural alterations of less than $50,000 in any instancedecoration caused by such removal. SEE ADDENDUM.

Appears in 1 contract

Samples: Lease Agreement (Dickie Walker Marine Inc)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior any alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises that will have no effect on the roofor any part thereof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor, which consent shall not be unreasonably withheldwithheld or delayed, conditionedand without a valid building permit issued by the appropriate governmental authority. However, delayed or denied. All such approved additions, alterations or improvements Lessee shall be permitted to make alterations, improvements or additions to the Premises without Lessor's prior written consent, but with written notification, if such alteration, improvement or addition is less than $50,000 in accordance cost in each instance, is nonstructural in nature, does not affect the mechanical and electrical systems of the building and does not penetrate the roof membrane. Lessor retains, at his sole option, the right to plans and specifications prepared by retain a duly qualified architect or engineer who shall submit such plans and specifications General Contractor of his own choosing to LESSOR for written approvalperform all repairs, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, or additions in, on, about, or to said Premises or any part thereof, provided that Lessor's contractor is competitive in its costs and can perform the repair, alteration, improvement or addition in a timely manner. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions at the termination of this Lease, and to restore the Premises to their prior condition, provided that in no event shall the Tenant Improvements be made required to be removed by Lessee. At the time Lessee requests Lessor's approval for any alteration, improvements or addition, Lessee may also request in accordance with all applicable laws and shall at once when made writing Lessor's decision as to whether or installed be deemed not Lessor will require Lessee to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR remove said improvements at the end of the Term Lease term. Any alteration, addition, or other improvement to the Premises, shall become the property of Lessor upon expiration or earlier termination of this Lease. Any equipment installed by LESSEE during , and shall remain upon and be surrendered with the Term shall at LESSEE’s election be removed Premises at the expiration or termination of this Lease Lease. Alterations and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, partitioning, electrical signs, carpeting, or shall remain at any other installation which has become an integral part of the Premises. In the event of that Lessor consents to Lessee's making such any alterations, improvements, and/or additions as herein providedor additions, LESSEE Lessee shall indemnify and save harmless LESSOR from any and all expensesbe responsible for the timely posting of notices of non-responsibility on Lessor's behalf, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Lessee's failure to post notices of non-responsibility as required hereunder shall be a breach of this Lease. Notwithstanding anything to the contrary set forth herein, LESSEE if, during the term hereof, any alteration, addition, or change of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by law, regulation, ordinance, or order of any public agency then if such legal requirement is not imposed because of Lessee's specific use of the Premises and is not "triggered" by Lessee's alterations or Lessee's application for a building permit or any other governmental approval (in which instance Lessee shall have be responsible for 100% of the rightcost of such improvement), without LESSOR’s consent or approvalLessor shall be responsible for constructing such improvement and Lessee shall be responsible for its proportional share of the cost for said improvement, to make non-structural alterations amortized over the useful life of less than $50,000 in such improvement that coincides with the remaining Lease term including any instanceextensions.

Appears in 1 contract

Samples: Lease (Packeteer Inc)

ALTERATIONS AND ADDITIONS. LESSEE Tenant agrees that Landlord shall have the rightbe under no obligation to rebuild, from time to timereplace, without LESSOR’s consent, to maintain or make interior alterations, improvements and/or additions in and any repairs to the Premises that will have or to the improvements thereon during the term of this Lease. Tenant shall make no effect on the roofmaterial alterations, foundation additions, substitutions, changes or other structural elements of improvements to the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect or to the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSORLandlord, which consent shall not be unreasonably withheld, conditioned, delayed withheld or denieddelayed. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end sole cost, risk, expense and liability of the Term or other earlier termination of this LeaseTenant. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at At the expiration or termination of this Lease or Lease, Tenant shall remain at leave the Premises. In Premises in its then current condition, and Tenant shall not be required to restore the event Premises to the condition in which the Premises are in as of making the commencement of this Lease, it being agreed that Landlord shall accept the Premises with such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterationsremodeling, additions, and improvements. Notwithstanding anything or new construction, as may have been made pursuant to the contrary set forth hereinauthorization contained in this article. Tenant agrees that it will not permit any mechanic' s materialmen' s, LESSEE or other liens to stand against the Premises for work or materials furnished Tenant in connection with any such alterations, remodeling, additions or new construction, it being provided, however, that Tenant shall have the rightright to contest the validity of any such lien or claim upon the posting of a monetary deposit or bond reasonably satisfactory to the title company insuring any mortgage on the Premises and to Landlord' s mortgagee ( the " Mortgagee"), but upon a final determination of the validity thereof, Tenant shall immediately pay any judgment or decree rendered against Tenant, with all proper costs and charges, and shall cause any such lien to be released of record without LESSOR’s consent or approval, cost to make non-structural alterations of less than $50,000 in any instanceLandlord.

Appears in 1 contract

Samples: Commercial Lease Agreement

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall not make, or suffer to be made, any alteration or addition to said Premises, or any part thereof, without the express, advance written consent of Lessor; any addition or alteration to said Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Lessor as of termination of the Lease. Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Leased Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee will at all times permit such notices to be posted and to remain posted until the completion of work. Lessee may remove and will be required to remove its special tenant improvements and all related equipment installed by Lessee at or prior to Lease Expiration or Termination. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will notify Lessee in accordance with Section 2.1 at the time of approval if such improvements or alterations are to be removed on Expiration or Termination. Notwithstanding the above, Lessee shall have the right, from time to time, without LESSOR’s consentduring the term of this Lease, to make interior alterations, improvements and/or additions in and to the Premises that will have at their sole cost and expense of $25,000 with no effect on the roofapproval from Lessor, foundation or other provided they are not structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions subject to the Premises shall be made in accordance with all applicable laws and shall requirement to remove the subject improvements at once when made Lease Expiration or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceTermination.

Appears in 1 contract

Samples: Mission West Properties/New/

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor; any addition or alteration to said Premises, which consent except movable furniture and trade fixtures, shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the PremisesLease. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from Lessee may make any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations alteration up to $25,000 without the approval of less than $50,000 in any instanceLessor subject to the obligation to remove such alteration if required by Lessor.

Appears in 1 contract

Samples: Lease Agreement (Larscom Inc)

ALTERATIONS AND ADDITIONS. LESSEE This Section 3.4 shall have apply before and during the right, from time to time, without LESSOR’s consent, to Term. Tenant shall not make interior alterations, improvements and/or any alterations and additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) except in accordance with plans and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after specifications first obtaining the prior written consent of LESSORapproved by Landlord, which consent approval shall not be unreasonably withheld, conditionedconditioned or delayed, delayed provided that the proposed alterations or deniedadditions do not (a) involve or affect any structural or exterior element of the Building or building mechanical, electrical or plumbing systems, including the common facilities of the Building, or (b) require unusual expense to readapt the Premises to normal office use on Lease termination or increase the cost of construction or of insurance or taxes on the Building or the Lot. Notwithstanding the foregoing, provided that proposed improvements do not conflict with (a) or (b) above, Landlord’s approval shall not be required for improvements costing less than $15,000 in the aggregate in any twelve (12) month period, but Landlord shall be provided no less than thirty (30) days prior notice of Tenant’s intent to undertake such improvements. All alterations and additions (with the exception of any trade fixtures of Tenant) shall become a part of the Premises, unless and until Landlord, at its option, shall specify the same for removal in writing pursuant to Section 6.1.2 at the time that Landlord approves such approved additions, alterations or improvements additions. All of Tenant’s alterations and additions and installation and delivery of telephone systems, furnishings, and equipment shall be coordinated with any work being performed by Landlord and shall be performed in accordance such manner, and by such persons as shall maintain harmonious labor relations and not cause any damage to plans the Building or interference with Building construction or operation and, except for installation of furnishings, equipment and specifications prepared telephone systems, and except as otherwise expressly set forth herein, shall be performed by a duly qualified architect or engineer who general contractors first approved by Landlord (which approval shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditionedconditioned or delayed). Before commencing any work Tenant shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors (the identity of which must have been previously approved by Landlord as hereinabove contemplated) and the estimated cost of all labor and material to be furnished by them; and cause each contractor to carry (i) worker’s compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and (ii) comprehensive public liability insurance with such limits as Landlord may reasonably require, delayed or denied. All alterations, improvementsbut in no event less than a combined single limit of $ 1,500,000 (all such insurance to be written by companies reasonably approved by Landlord and insuring Landlord and Tenant as well as the contractors), and additions to deliver to Landlord certificates of all such insurance. Xxxxxx agrees to pay promptly when due, and to defend and indemnify Landlord from and against, the entire cost of any work done on the Premises by Tenant, its agents, employees or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Building or the Lot if such liens secure amounts that are past due and owing. Tenant shall pay within fourteen (14) days after being billed therefor by Landlord, as additional rent, one hundred percent (100%) of any increase in real estate taxes on the Premises not otherwise billed to Tenant which shall, at any time after the commencement of the Term, result from any alteration, addition or improvement to the Premises made by or on behalf of Tenant. In connection with the installation of telecommunication equipment by Tenant, such installation shall occur only in such locations and in such a manner as reasonably approved in writing by the Landlord and none of such wires, ducts or equipment shall be made located in accordance with all applicable laws areas outside the Premises (provided, however, that Tenant may install wires and cables in risers and ducts outside the Premises which are in existence on the date of this Lease and for which there exists, in Landlord’s sole discretion, adequate space for Tenant’s wires and cables). Notwithstanding any other provision of this Lease, telecommunication wises, ducts or equipment shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR removed by Tenant at the end expiration of the Term or other earlier termination of this Lease, unless otherwise approved by Landlord in writing, and all damage caused by such removal repaired. Any Telephone switches, antennae, electronic distribution boxes and similar equipment installed by LESSEE during the Term shall at LESSEE’s election only be removed at the expiration or termination of this Lease or shall remain at located within the Premises. In the event Landlord shall not be liable for any loss, damage or interruption of making service related to such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancefacilities.

Appears in 1 contract

Samples: Lightspace Corp

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time not make or permit to time, without LESSOR’s consent, to make interior be ------------------------- made any alterations, improvements improvements, and/or additions in and of any kind or nature to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Leased Premises or may have a material adverse effect on the Building System only after first obtaining any part thereof except by and with the prior written consent of LESSOR, Landlord which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedLandlord's sole discretion. All alterations, improvements, improvements and additions to the Leased Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Landlord and shall remain for the benefit of LESSOR Landlord at the end of the Term term, or other earlier expiration of this lease, in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease. Any equipment installed lease, or within fifteen (15) days thereafter, Landlord so directs, Tenant shall promptly remove the additions, improvements, fixtures and installations which were placed in the Leased Premises by LESSEE during the Term shall Tenant and which are designated in said notice and repair any damage occasioned by such removal and in default thereof Landlord may effect said removals and repairs at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the PremisesTenant's expense. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE Tenant shall indemnify and save harmless LESSOR Landlord from any and all expensesexpense, liens, claims, or damages to either persons or Premises property arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.-7- LANDLORD _________________ TENANT ___________________

Appears in 1 contract

Samples: Lease Agreement (Laralev Inc)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time to time, without LESSOR’s consent, to make interior any alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises that will have no effect on the roofany part thereof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor and without a valid building permit issued by the appropriate governmental authority. Lessor retains, which consent shall not be unreasonably withheldat his sole option, conditionedthe right to retain a General Contractor of his own choosing to perform all repairs, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, or additions in, on, about, or to said Premises or any part thereof. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions at the termination of this Lease, and additions to restore the Premises to their prior condition. Any alteration, addition, or improvement to the Premises Premises, shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Lessor upon installation, and shall remain for upon and be surrendered with the benefit of LESSOR Premises at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during Lessor can elect, however, within thirty (30) days before expiration of the Term shall at LESSEE’s election be removed at the expiration term or within five (5) days after termination of this Lease the term, to require Lessee to remove any alterations, additions, or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall remain at restore the Premises to the condition designated by Lessor in its election, before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. Alterations and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, partitioning, electrical signs, carpeting, or any other installation which has become an integral part of the Premises. In the event of that Lessor consents to Lessee's making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.any

Appears in 1 contract

Samples: Assignment and Assumption of Lease (Brooktrout Technology Inc)

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time not make or suffer to time, without LESSOR’s consent, to make interior be made any alterations, additions or improvements and/or additions in and (collectively "alterations") to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining any part thereof without the prior written consent of LESSORLandlord, which consent shall not be unreasonably withheldwithheld or delayed. The matters to which consent may be arbitrarily withheld include the case of alterations which in Landlord's good faith judgment might (a) affect the Building's utility systems (including sprinkler, conditionedelectrical, delayed mechanical, telecommunications and plumbing), (b) increase Tenant's utility requirements, (c) cost more than twenty-five thousand dollars ($25,000) in any twelve month period (d) affect fire-retardant materials, or denied(e) result in legal requirements or insurance requirements not applicable to the Building at the time of its original construction mandating additional alterations to be accomplished in the Premises and/or the Building (as would be the case, for example, when the alteration that Tenant seeks to accomplish would result in a loss of so-called "grandfathering"). All If (x) Tenant performs any alterations, whether Landlord consent be required therefor or not, and whether such approved additionsconsent be granted or not, and/or (y) Landlord performs alterations at Tenant's request, and as a result of such alterations legal requirements or improvements insurance requirements not applicable to the Building at the time of its original construction mandate additional alterations (the "Additional Alterations") to be accomplished in the Premises and/or the Building (as would be the case, for example, when the alteration requested by or performed by Tenant result in a loss of so called "grandfathering") then such Additional Alterations, whether ordinary or extraordinary, foreseen or unforeseen, substantial or not substantial, structural or not structural, shall be performed by Landlord at Tenant's sole cost and expense. In the event Landlord consents to the making of alterations to the telecommunications cabling and ancillary equipment between (a) the demarcation point with Tenant's customer provided telecommunications equipment and (b) the demarcation point with the applicable local telephone company, as both demarcation points are defined from time to time by the California Public Utilities Commission and by Landlord (said cabling and ancillary equipment hereinafter referred to as the "Intrabuilding Network Cabling"), said alterations shall be performed by Landlord or a contractor designated by Tenant subject to Landlord's approval, or Landlord's contractor in accordance the case that the Intrabuilding Network Cabling is managed by such contractor, at Tenant's sole cost and expense. In the event Landlord consents to the making of alterations and/or as the case may be Additional ------------------------- Please Initial 11 Alterations are required, the alterations and Additional Alterations shall be performed by Landlord for Tenant's account pursuant to plans and specifications prepared previously approved by a duly qualified architect or engineer who shall submit such plans Landlord and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvementsTenant, and additions Tenant shall pay as additional rent Landlord's cost thereof (including a reasonable charge for Landlord's overhead and profit) prior to commencement of work, provided, however, if cost of work is underestimated, Tenant shall reimburse Landlord a balancing amount within ten (10) days following billing. The charge to Tenant shall include plan preparation and all other costs incurred by Landlord prepatory to performing the work of alteration, and whether approved plans are achieved or not. Any alterations to or of said Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the term become a part of the realty and belong to the Premises Landlord and shall be made in accordance surrendered with all applicable laws and the Premises. However, Tenant shall ascertain from Landlord at once when made or installed be deemed least thirty (30) days prior to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or sooner termination of the term hereof, whether Landlord desires the Premises, or any part thereof, restored to its condition prior to the making of alterations, and if Landlord shall so desire, then Landlord, during the final thirty (30) days of the Lease term, or at Landlord option, after expiration of Lease term may remove any alterations, additions or improvements made by or on behalf of Tenant, designated by Landlord to be removed, and restore the Premises or the designated portions thereof as the case may be, to its original condition and Tenant shall reimburse Landlord for all reasonable costs incurred within ten (10) business days following billing. All damage caused by the removal of trade fixtures, signs and other personal property that Tenant is permitted to remove under the terms of this Lease shall be repaired by Landlord, and Tenant shall reimburse Landlord all costs incurred within ten (10) business days following billing. Notwithstanding the foregoing, Landlord's prior consent shall not be required for routine telecommunications wiring that can be accommodated through and does not overburden the existing raceway distribution system, that does not displace, disrupt or shall remain at interfere with any other tenant's wiring, and that is performed wholly within the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 1 contract

Samples: Cybergold Inc

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the rightnot make or allow to be made any demolition, from time to time, without LESSOR’s consent, to make interior alterations, additions, or improvements and/or additions in and to the Premises that will have no effect on the roof(demolition, foundation alterations, additions, or other structural elements of the Premises (the improvements shall herein collectively be called Building StructureImprovements”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior to or of the Premises or may have a material adverse effect on the Building System only after first obtaining any part thereof, without the prior written consent of LESSORLandlord. Any Improvements to or of said Premises (including, which consent but not limited to, removal or installation of walls and doors, wall covering, built-in cabinet work, electrical, plumbing, heating, ventilating, and air conditioning, but excepting movable furniture, cubicles, and trade fixtures), shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements at once become a part of the real property and belong to the Landlord and shall be in accordance to plans and specifications prepared surrendered with the Premises, unless designated by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not the Landlord to be unreasonably withheldremoved and/or replaced at the sole cost and expense of the Tenant. Any Improvements, conditionedwhether provided or installed by Tenant, delayed or deniedprovided or installed by Landlord or others for Tenant (including, but not limited to, Improvements made as a condition of this Lease prior to possession of the Premises by Tenant), whether paid for by Tenant or Landlord or others, shall be deemed as Improvements made by Tenant. All alterations, improvements, and additions In the event Landlord consents to the making of any Improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, unless expressly provided otherwise in accordance with all applicable laws and shall at once when made this Lease or installed be deemed to have attached to in Landlord’s written consent. Upon the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end expiration or sooner termination of the Term or other earlier termination term hereof, Tenant shall, upon written demand by Landlord, given no later than thirty (30) days after the date of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain Lease, at the Premises. In the event of making such alterationsTenant’s sole cost and expense, improvementsforthwith and with all due diligence, and/or additions as herein providedremove any Improvements made by Tenant, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages designated by Landlord to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additionsbe removed, and improvements. Notwithstanding anything Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair any damage to the contrary set forth herein, LESSEE Premises caused by such removal. The improvements specified in Article 33 shall have the right, without LESSOR’s consent or approval, not be subject to make non-structural alterations of less than $50,000 in any instanceremoval and/or replacement.

Appears in 1 contract

Samples: Lease (Sunesis Pharmaceuticals Inc)

AutoNDA by SimpleDocs

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior any ------------------------- alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises that will have no effect on the roofor any part thereof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor and without a valid building permit issued by the appropriate governmental authority. Lessor retains, which consent shall not be unreasonably withheldat his sole option, conditionedthe right to perform all repairs, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, or additions in, on, about, or to said Premises or any part thereof. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions at the termination of this Lease, and additions to restore the Premises to their prior condition. Any alteration, addition, or improvement to the Premises Premises, shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Lessor upon installation, and shall remain for upon and be surrendered with the benefit of LESSOR Premises at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during Lessor can elect, however, within thirty (30) days before expiration of the Term shall at LESSEE’s election be removed at the expiration term or within five (5) days after termination of this Lease the term, to require Lessee to remove any alterations, additions, or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall remain at restore the Premises to the condition designated by Lessor in its election, before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. Alterations and additions which are not to be deemed as trade fixtures including heating, lighting, electrical systems, air conditioning, partitioning, electrical signs, carpeting, or any other installation which has become an integral part of the Premises. In the event of that Lessor consents to Lessee's making such any alterations, improvements, and/or additions as herein providedor additions, LESSEE Lessee shall indemnify and save harmless LESSOR from any and all expensesbe responsible for the timely posting of notices of non-responsibility on Lessor's behalf, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Notwithstanding anything Lessee's failure to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make post notices of non-structural alterations responsibility as required hereunder shall be a breach of less than $50,000 in this Lease. If, during the term hereof, any instancealteration, addition, or change of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by law, regulation, ordinance, or order of any public agency, Lessee, at its sole cost and expense, shall promptly make the same.

Appears in 1 contract

Samples: Lease (Numerical Technologies Inc)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and any non-structural alteration or addition to the Premises that will have no effect on the roof, foundation has an aggregate cost in excess of twenty-five thousand dollars ($25,000) or other any structural elements of alteration or addition to the Premises (the “Building Structure”) and will have no adverse effect on the heatingregardless of cost, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSORLessor, which consent shall not be unreasonably withheld, conditionedconditioned or delayed. Lessee shall have the right to make interior, delayed or denied. All such approved additions, non-structural alterations or and improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises without Lessor's prior written consent thereto for any alterations and improvements that cost less than twenty-five thousand dollars ($25,000). Any addition or alteration to the Premises, except movable furniture, equipment and trade fixtures, shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alternations and additions which are not deemed as trade fixtures shall include HVAC, lighting systems, electrical systems, hardwall partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alternations or additions until five (5) days after the receipt of all required applicable government permits and Lessor's consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, all tenant improvements, all related equipment, and any additions or alterations installed by LESSEE during Lessee after Commencement Date shall be removed from the Term shall Premises unless Lessor informs Lessee in writing at LESSEE’s election the time the alterations and/or improvements that such improvements may remain on the Premises. Notwithstanding the above, Lessor hereby agrees to allow any reasonable alterations and improvements to the Premises and will notify Lessee at the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceLease.

Appears in 1 contract

Samples: Lease Agreement (Aura Systems Inc)

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time to time, without LESSOR’s consent, to make interior no alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first any part thereof without obtaining the prior written consent of LESSORLandlord, which consent shall not be unreasonably withheldwithheld if the alterations, conditioned, delayed or denied. All such approved additions, alterations additions or improvements shall are of a non-structural, non-electrical, or non-mechanical nature or cost less than $25,000; provided, however, that all alterations, additions or improvements are of a quality which equal or exceed the then current building standard and further provided that Tenant must notify Landlord of the work to be done in accordance advance thereof. Except for the foregoing, Landlord's consent cannot be withheld for any reason. Landlord may impose, as a condition to the aforesaid consent, such requirements as Landlord may deem necessary in its reasonable discretion, including without limitation thereof, the manner in which the work is done, a right to require Tenant to use Landlord's contractor or a right of approval of the contractor by whom the work is to be performed, the times during which the work is to be accomplished, the right to require Tenant to provide Landlord with plans and specifications prepared by a duly qualified architect or engineer who shall submit in regard to the work, and the right to require Tenant to pay Landlord for the cost of reviewing such plans and specifications to LESSOR for written approvalplans, not to be unreasonably withheld, conditioned, delayed or deniedexceed $500 per review. All alterations, improvements, alterations and additions to the Premises shall be made in accordance with including, by way of illustration but not by limitation, all applicable laws partitions, paneling, carpeting, drapes or other window coverings and shall at once when made or installed be deemed to have light fixtures (but not including movable office furniture not attached to the freehold Building) shall be deemed a part of the real estate and to have become the property of LESSOR Landlord and shall remain for upon and be surrendered with the benefit of LESSOR Premises as part thereof without molestation, disturbance or injury at the end of said term, whether by lapse of time or otherwise, unless Landlord, by notice given to Tenant no later than thirty (30) days prior to the Term end of the term, shall elect to have Tenant remove all or other earlier termination any of this Leasesuch alterations or additions (which are not included as Building Standard Improvements) and in such event, Tenant shall promptly remove, at its sole cost and expense, such alterations and additions and restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. Any equipment installed by LESSEE during Notwithstanding the Term foregoing, Tenant shall at LESSEE’s election not be removed required to remove or restore those improvements made at the expiration or termination commencement of this Lease and Tenant’s initial improvements made in the first year of the Lease term. If Landlord authorizes persons requested by Tenant to perform any alterations, repairs, modifications or shall remain at additions to the Premises. In , prior to the event commencement of making any such alterationswork, improvements, and/or additions as herein provided, LESSEE Tenant shall indemnify on request deliver to Landlord such payment and save harmless LESSOR from any and all expenses, liens, claims, performance bonds or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additionsother security which Landlord may require, and improvementscertificates issued by insurance companies qualified to do business in the State of Colorado, evidencing that workmen's compensation, public liability insurance and property damage insurance, all in amounts, with companies and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. Notwithstanding anything All such policies shall name Landlord as an additional insured. Each such certificate shall provide that the same may not be canceled or modified without thirty (30) days prior written notice to Landlord. Further, Tenant shall permit Landlord to post the contrary set forth hereinPremises so that Landlord may avail itself of the provisions of the Colorado Mechanic's Lien Law, LESSEE and shall have the right, without LESSORcomply with all requirements related to prevention of mechanic’s consent or approval, to make non-structural alterations of less than $50,000 liens as stated in any instanceSection 10 hereafter.

Appears in 1 contract

Samples: Office Lease (Solera National Bancorp, Inc.)

ALTERATIONS AND ADDITIONS. LESSEE Section 8.01. The Lessee shall have the rightnot make any alterations or additions, from time to time, without LESSOR’s consentstructural or non-structural, to make interior alterations, improvements and/or additions in and to the Demised Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSOR, Lessor on each occasion which consent shall not be unreasonably withheld. Wherever consent is required, conditioned, delayed or deniedit shall include approval of plans and contractors. All such approved additionsallowed alterations, alterations or improvements including reasonable costs of review in seeking Lessor’s approval, shall be made at Lessee’s expense, in compliance with all laws, and shall be in accordance quality at least equal to plans the present construction. Except as set forth below, any alterations or additions made by the Lessee which are permanently affixed to the Demised Premises or affixed in a manner so that they cannot be removed without defacing or damaging the Demised Premises shall, if Lessor so elects, become property of the Lessor at the termination of occupancy as provided herein. If Lessor elects not to retain such alterations or additions, upon termination of this Lease, Lessee, shall remove them at its expense, with minimal disturbance to the Demised Premises. Alterations or additions not affixed and specifications prepared which may be removed with minimal disturbance or repairable damage may be removed by Lessee provided such disturbance or damage is restored and repaired so that the Demised Premises are left in at least as good a duly qualified architect or engineer who shall submit such plans condition as they were in at the commencement of the term. All other alterations and specifications to LESSOR for written approval, additions made by Xxxxxx and not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises retained by Lessor shall be made in accordance with all applicable laws and shall removed by Xxxxxx, at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR its expense, at the end of the Term term and the Demised Premises shall be left in the same condition as at the commencement of the term, reasonable wear, tear and damage by fire, if insured, or other earlier termination of this Lease. Any equipment installed insured casualty or taking or condemnation by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancepublic authority excepted.

Appears in 1 contract

Samples: Commercial Lease Agreement

ALTERATIONS AND ADDITIONS. LESSEE (a) Except: (i) as expressly provided in this subparagraph (a), (ii) with respect to the initial Tenant Improvements contemplated on Exhibit B, which will be performed in accordance with and subject to the provisions of Exhibit B, and (iii) with respect to the initial improvements and alterations to the Additional Space, as contemplated pursuant to the terms of Paragraphs 3 and 4 of the Addendum hereto, which will also be performed in accordance with and subject to the provisions of Exhibit B, Tenant shall not, without Landlord’s prior written consent, which may be given or withheld in accordance with the standards set forth below, make any alterations, improvements, additions, utility installations or repairs (hereinafter collectively referred to as “Alteration(s)”) in, on or about the Leased Premises or the Building. Alterations shall include, but shall not be limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. Tenant shall have the right, right from time to time and at any time, with notice to Landlord, but without LESSORLandlord’s consent, to make interior alterations, improvements and/or additions to: (1) perform Alterations that (i) do not exceed $50,000 in cost and to the Premises that will have no effect on the roof, foundation also (ii) do not in any way affect any Building systems or other structural elements portions of the Premises Building, (iii) are typical office improvements, and (iv) are not visible from outside of the “Building Structure”Premises; (2) regardless of the cost thereof., ( i) paint and will have no adverse effect on the heatinginstall wall coverings, ventilating(ii) install and remove office furniture, air(iii) relocate, but not add additional, electrical outlets, (iv) install and remove workstations, (v) install and remove Tenant’s equipment and perform cable pulls in connection therewith, and (vi) remove and re-conditioning, plumbing, electrical, mechanical install carpeting and other systems and equipment serving the Premises generally floor coverings (the collectively, Building SystemsNon-Material Work”). LESSEE All other proposed Alterations shall be subject to Landlord’s prior written approval. Landlord may make alterations, improvements and/or additions that grant or withhold its consent in its sole and absolute discretion with respect to any proposed Alterations that: (i) affect the exterior any Building systems or structural portions of the Premises Building; (ii) are not typical office improvements; or may have a material adverse effect on (iii) are visible from outside of the Building System only after first obtaining the prior written Premises. Landlord’s consent of LESSOR, which consent to any other proposed Alterations shall not be unreasonably withheld. Except to the extent provided below in this subparagraph (a), conditionedprior to the expiration of the Term, delayed Landlord may require the removal of any Alterations installed by Tenant and the restoration of the Leased Premises and the Building to their prior condition, at Tenant’s expense. Except as provided in Paragraph II.1 of Exhibit B to the Lease, Landlord shall notify Tenant of such requirement at the time that Landlord provides Tenant with Landlord’s written approval of the same. However, so long as Tenant’s initial tenant improvements and subsequent Alterations are typical office improvements (i.e., not internal staircases, scifs or deniedvaults) or Non-Material Work, Tenant shall have no obligation to remove such improvements upon the expiration of the Term. All If, as a result of any Alteration made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other law or regulation and such compliance requires Landlord to make any improvement or Alteration to any portion of the Building, as a condition to Landlord’s consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or Alteration Landlord is obligated to complete by such law or regulation. Should Landlord permit Tenant to make its own Alterations, Tenant shall use only such contractor as has been expressly approved additionsby Landlord, alterations or improvements and Landlord may require Tenant to provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such Alterations. In addition, except with respect to Non-Material Work (with respect to which no such fee shall be in accordance to payable), within sixty (60) days following Landlord’s written approval (or deemed approval) of the plans and specifications prepared by therefor, Tenant shall pay to Landlord a duly qualified architect or engineer who shall submit fee equal to five percent (5%) of the hard construction costs associated with performing such plans and specifications Alterations. The foregoing fee is intended to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain compensate Landlord for the benefit of LESSOR at overhead and other costs it incurs in reviewing the end plans for the Alterations and in monitoring the construction of the Alterations. Should Tenant make any Alterations without the prior approval of Landlord, or use a contractor not expressly approved by Landlord, Landlord may, at any time during the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during , require that Tenant remove all or part of the Term shall at LESSEE’s election be removed at Alterations and return the expiration or termination Leased Premises to the condition it was in prior to the making of this Lease or shall remain at the PremisesAlterations. In the event of making such alterationsTenant makes any Alterations, improvementsTenant agrees to obtain or cause its contractor to obtain, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything prior to the contrary set forth hereincommencement of any work, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 “builders all risk” insurance in any instancean amount reasonably approved by Landlord and workers compensation insurance.

Appears in 1 contract

Samples: Dulles Town Center (Trex Co Inc)

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time to time, without LESSOR’s consent, to not make interior any alterations, improvements and/or improvements, or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent and approval of LESSORplans therefor by Landlord, which consent shall not be unreasonably withheld, conditioned, conditioned or delayed or deniedprovided such alterations (a) are non-structural and (b) do not affect any Building systems. All such approved additions, alterations or improvements shall be in accordance The work necessary to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All make any alterations, improvements, and improvements or additions to the Premises shall be made in accordance with all applicable laws and shall done at once when made Tenant's expense by employees of, or installed be deemed to have attached contractors hired by, Landlord, except to the freehold extent Landlord gives its consent to Tenant hiring its own contractors. Tenant shall promptly pay the cost of all such work. Alterations, improvements or additions so made by either of the parties upon the Premises, except moveable furniture and to have equipment placed in the Premises at the expense of Tenant, shall be and become the property of LESSOR Landlord and shall remain for upon and be surrendered with the benefit of LESSOR Premises as a part thereof at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during , without disturbance, molestation, injury or damage, unless Landlord elects to require Tenant to remove any or all such alterations or improvements from the Term Premises, in which event Tenant, at Tenant's sole cost and expense, shall at LESSEE’s election be removed at not later than the expiration or termination of this the Lease remove all such designated alterations or shall remain at improvements in a good, workmanlike manner, repairing and restoring the PremisesPremises to the condition existing therein prior to the construction of such alterations or improvements free and clear of all liens and encumbrances. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything damage to the contrary set forth hereinPremises or the Building shall be caused by moving said furniture and equipment in or out of the Premises, LESSEE said damage shall have be promptly repaired at the right, without LESSOR’s consent or approval, to make non-structural alterations cost of less than $50,000 in any instanceTenant.

Appears in 1 contract

Samples: Office Space Lease (Medical Staffing Network Holdings Inc)

ALTERATIONS AND ADDITIONS. LESSEE 9. Lessee shall have the right, from time to time, without LESSOR’s consent, to make interior no alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises any part thereof (the collectively Building StructureAlterations”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or deniedthe Lessor. All such approved additions, alterations or improvements Alterations shall be in accordance to with plans and specifications prepared approved by Lessor and shall be carried out by a duly qualified architect or engineer who shall submit such plans reputable licensed contractor and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance compliance with all applicable laws laws, codes, rules and regulations. The Lessor may impose as a condition to the aforesaid consent such additional reasonable requirements as Lessor may deem necessary in Lessor’s sole discretion, including without limitation requirements respecting the manner in which the work is done, Lessor’s right of approval of the contractor by whom the work is to be performed, and the times during which it is to be accomplished. Upon written request of Lessor prior to the expiration or earlier termination of the Lease, Lessee will remove any or all Alterations installed by or for Lessee. All Alterations not specified to be removed shall at once when made or installed be deemed to have attached to the freehold and to have expiration of earlier termination of the Lease become the property of LESSOR the Lessor and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election upon and be removed at the expiration or termination of this Lease or shall remain at surrendered with the Premises. In All movable furniture, business and trade fixtures, and machinery and equipment shall remain the event property of making such alterationsthe Lessee and may be removed by the Lessee at any time during the Lease term. Items which are not to be deemed as movable furniture, improvements, and/or additions as herein provided, LESSEE shall indemnify business and save harmless LESSOR from any and all expenses, liens, claimstrade fixtures, or damages to either persons or Premises arising out ofmachinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or resulting from any other installation which has become an integral part of the undertaking or making of said alterations, additions, and improvementsPremises. Notwithstanding anything The Lessee will give the Lessor five (5) business days notice prior to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make commencement of any Alterations work and will at all times permit notices of non-structural alterations responsibility to be posted and to remain posted until the completion of less than $50,000 in any instanceAlterations. See Paragraph 38.

Appears in 1 contract

Samples: D-Wave Quantum Inc.

ALTERATIONS AND ADDITIONS. LESSEE (a) Tenant shall have not make or suffer to be made any alterations, additions, or improvements (collectively, "ALTERATIONS") to or of the rightPremises, from time to timeor any part thereof, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORLandlord, which consent shall not be unreasonably withheld; provided, conditionedhowever, delayed if the Alterations would adversely affect the structure or deniedsafety of the Building or its electrical, plumbing, HVAC, mechanical or safety systems, or if such Alterations would create an obligation on Landlord's part to make modifications to the Building, Landlord may withhold its consent in its sole and absolute discretion. Notwithstanding the foregoing, without the prior consent of Landlord, but with the prior notice to Landlord, Tenant shall be entitled to make Alterations within the Premises, provided that (i) the cost of construction such Alterations does not exceed Twenty-Five Thousand and No/100ths Dollars ($25,000,00) per project In the aggregate, and (ii) does not effect the structure or mechanical systems of the Building, (iii) such Alterations are not visible from outside of the Premises, and (iv) Tenant otherwise complies with the provisions of this Section (collectively, "PERMITTED ALTERATIONS"). All such approved additions, alterations or improvements Alterations shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance comply with all applicable laws laws, statutes and shall at once when made or installed ordinances, which include, but are not limited to ADA (Tenant acknowledges that certain Alterations may require ADA compliance within the Premises, the Building, and the common areas thereof, which costs may be deemed to have attached disproportionate to the freehold cost of such Alteration). Any Alterations to or of said Premises, including, but not limited to, wall covering, paneling, and built-in Landlord shall provide written notice to have become Tenant prior to the property construction of LESSOR such Alteration whether Tenant will be required to remove such Alteration and shall remain for restore the benefit of LESSOR at Premises to its original condition upon the end expiration of the Term or other earlier termination Term, normal wear and tear excepted (Tenant shall have no obligation to remove any improvements constructed and/or installed within the Premises pursuant to the provisions of this Leasethe Work Letter Agreement). Any equipment installed by LESSEE during If Landlord so states, Tenant, at its own cost shall restore the Term shall at LESSEE’s election Premises to its original condition upon the expiration of the term; provided, however, Landlord may subsequently require any Permitted Alterations be removed at the expiration or the earlier termination of the term of this Lease Lease. Upon Landlord's approval of the requested Alterations, Tenant shall secure all necessary permits after approved by Landlord, if applicable. Before Landlord's consent to such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building or shall remain at its facade. As a condition to its consent, Landlord may request adequate assurance that all contractors who will perform such work have in force workxxx'x compensation and such other employee and public liability insurance as Landlord deems necessary, and where the PremisesAlterations are material, Landlord may require Tenant or its contractors to post adequate completion and performance bonds. In the event Landlord consents to the making of making such any Alterations to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense, completed to the satisfaction of Landlord, and the contractor or person selected by Tenant to make the same must first be approved in writing by Landlord. If Tenant makes any Alterations to the Premises as provided in this Section, the Alterations shall not be commenced until ten (10) business days after Landlord has received notice from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. Tenant shall reimburse Landlord for any reasonable expenses incurred by Landlord in connection with the Alterations made by Tenant, including any reasonable fees charged by Landlord's contractors or consultants to review plans and specifications prepared by Tenant, and the customary and reasonable cost of updating the existing as-built plans of the Building to reflect the alterations. Tenant shall indemnify, improvementsdefend and hold the Landlord, and/or additions as herein provided, LESSEE shall indemnify the Building and save the Premises free and harmless LESSOR from any liability, loss, damage, cost, attorneys' fees and all expenses, liens, claimsother expenses incurred on account of such construction, or damages to either claims by any person performing work or furnishing materials or supplies for Tenant or any persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceclaiming under Tenant.

Appears in 1 contract

Samples: Office Building Lease (Abacus Direct Corp)

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time to time, without LESSOR’s consent, to not make interior any alterations, improvements and/or ------------------------- improvements, or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent and approval of LESSORthe plans and specifications therefor by Landlord, which consent shall not be unreasonably withheldwithheld or delayed. Alterations, conditionedimprovements, delayed or denied. All such approved additionsadditions so made, alterations or improvements except moveable office furniture and trade fixtures (which may include telephone and computer cabling, a backup generator and an uninterrupted power source, along with all computer equipment, telephone switches and electronics equipment) placed in the Premises at the expense of Tenant, shall be in accordance to plans the property of Landlord and specifications prepared by shall remain upon and be surrendered with the Premises as a duly qualified architect part thereof at the termination of this Lease, without disturbance, molestation, injury, or engineer who damage; provided, at Landlord's election, Tenant shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All remove any alterations, improvements, and additions made by Tenant prior to or during the term hereof, and restore the Premises, in a good and workmanlike manner, to its condition prior to such alterations, improvements, and additions. In the event damage to the Premises shall be made caused by moving or removing said furniture, equipment, or trade fixtures in accordance or out of the Premises, said damage shall be repaired at the cost of Tenant. Tenant has advised Landlord that it desires to install an antenna on the building within the Premises and an uninterrupted power source for such building, and Landlord is willing to permit such additions subject to being satisfied with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain specific plans for the benefit location and method of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making installation for such alterations, improvements, and/or additions as herein provided, LESSEE which approval shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, not be unreasonably withheld or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancedelayed.

Appears in 1 contract

Samples: Lease (Viking Office Products Inc)

ALTERATIONS AND ADDITIONS. LESSEE (a) The Lessee shall have the right, from time to timenot, without LESSOR’s the Lessor's prior written consent, to make interior any alterations, improvements improvements, additions or utility installations in, on or about the Premises unless such work is non-structural and does not exceed TEN THOUSAND DOLLARS ($10,000); or such work is for flooring and/or additions painting in and the Premises, in which case Lessee shall be required to provide written notice to Lessor describing the scope of the work at least 10 days prior to the Premises that commencement of such work by Lessee. For all work, and if applicable, the Lessee will have no effect provide the Lessor with as-built drawings reflecting any changes to the Premises. As used in this Paragraph 6.3, the term "utility installations" shall include bus ducting, power panels, fluorescent fixtures, space heaters, conduits and wiring. As a condition to giving such consent to Lessee’s requested alteration, the Lessor, subject to the provisions set forth in Section 22 of this Lease in connection with Lessee’s installation of any HVAC units on the roof, foundation or other structural elements of may require in writing at that the Premises time Lessor provides its approval that the Lessee (the “Building Structure”i) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance agree to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making remove any such alterations, improvements, additions or utility installations at the expiration or sooner termination of the term, and to restore the Premises to their prior condition and/or additions as herein provided(ii) provide the Lessor, LESSEE shall indemnify at the Lessee's sole cost and save harmless LESSOR from any and all expenses, liensa lien and completion bond in an amount equal to one (1.0) times the estimated cost of such improvements to the extent such costs exceed the sum of $100,000, claims, or damages to either persons or Premises arising out of, or resulting from insure the undertaking or making Lessor against any liability for mechanics' and materialmen's liens and to insure completion of said alterations, additions, and improvementswork. Notwithstanding anything to the contrary set forth contained herein, LESSEE Lessee shall have no obligation to remove or restore at the rightExpiration Date or early termination of this Lease any alterations constructed by Lessee in the Premises that are considered typical office improvements in nature such as offices, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceconference rooms and storage rooms.

Appears in 1 contract

Samples: Standard Commercial Lease (Resonant Inc)

ALTERATIONS AND ADDITIONS. LESSEE Section 8.01. The Lessee shall have the rightnot make any alterations or additions, from time to time, without LESSOR’s consentstructural or non-structural, to make interior alterations, improvements and/or additions in and to the Demised Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSOR, Lessor on each occasion which consent shall not be unreasonably withheld. Wherever consent is required, conditioned, delayed or deniedit shall include approval of plans and contractors. All such approved additionsallowed alterations, alterations or improvements including reasonable costs of review in seeking Lessor’s approval, shall be made at Lessee’s expense, in compliance with all laws, and shall be in accordance quality at least equal to plans the present construction. Except as set forth below, any alterations or additions made by the Lessee which are permanently affixed to the Demised Premises or affixed in a manner so that they cannot be removed without defacing or damaging the Demised Premises shall, if Lessor so elects, become property of the Lessor at the termination of occupancy as provided herein. If Lessor elects not to retain such alterations or additions, upon termination of this Lease, they shall be removed by Lessee, at its expense, with minimal disturbance to the Demised Premises. Alterations or additions not affixed and specifications prepared which may be removed with minimal disturbance or repairable damage may be removed by Lessee provided such disturbance or damage is restored and repaired so that the Demised Premises are left in at least as good a duly qualified architect or engineer who shall submit such plans condition as they were in at the commencement of the term. All other alterations and specifications to LESSOR for written approval, additions made by Lessee and not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises retained by Lessor shall be made in accordance with all applicable laws and shall removed by Lessee, at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR its expense, at the end of the Term term and the Demised Premises shall be left in the same condition as at the commencement of the term, reasonable wear, tear and damage by fire, if insured, or other earlier termination of this Lease. Any equipment installed insured casualty or taking or condemnation by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancepublic authority excepted.

Appears in 1 contract

Samples: Sublease (Radius Health, Inc.)

ALTERATIONS AND ADDITIONS. LESSEE shall have the right(a) Alterations, from time to timeimprovements, without LESSOR’s consentadditions, to make interior alterations, improvements and/or additions in and utility installations or removal of any fixtures may not be made to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining without the prior written consent of LESSOR, Lessor which consent shall not be unreasonably withheld, conditionedconditioned or delayed, delayed nor may any alterations to the "path of travel" (as the term is defined in the ADA and the rules and regulations implementing the ADA), whether within or denied. All such approved additionsoutside the Premises, alterations or improvements be made without Lessor's consent which consent shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditionedconditioned or delayed, delayed or denied. All and any alterations, improvements, and additions or utility installations to the Premises shall be made in accordance with all applicable laws Premises, excepting movable furniture and shall machinery and trade fixtures, shall, at once when made or installed be deemed to have attached to the freehold and to have Lessor's option, become the property of LESSOR and shall remain for the benefit of LESSOR at the end part of the Term realty and belong to Lessor upon the expiration or other earlier termination of this Lease. Any However, the foregoing shall not prevent Lessee from installing trade fixtures, machinery, or other trade equipment installed in conformance with all applicable ordinances, regulations and laws nor shall Lessor unreasonably withhold its consent to any alteration necessary to bring the Premises or the "path of travel" into compliance with the ADA. Lessee shall keep the Premises, the building in which the Premises are located, and the land on which the Premises are situated free from any liens arising out of any work performed for, material furnished to, or obligations incurred by LESSEE the Lessee. It is further understood and agreed that under no circumstance is the Lessee to be deemed the agent of the Lessor for any alteration, repair, or construction within the Premises, the same being done at the sole expense of the Lessee. All contractors, materialmen, mechanics, and laborers are hereby charged with notice that they must look only to the Lessee for the payment of any charge for work done at the request of Lessee or Lessee's contractors and materials furnished upon the Premises xxxxng the Term at the request of Lessee or Lessee's contractors. Notwithstanding any of the foregoing, Xxxxxx may construct non-structural alterations, additions and improvements ("Minor Alterations") in the Premises with not less than fourteen (14) days prior written notice to Lessor but without Lessor's prior approval or consent, if: (i) the aggregate cost of all such work (whether conducted in one or a series of jobs) during the Term shall at LESSEE’s election be removed at does not exceed Twenty Thousand Dollars ($20,000); (ii) the expiration Minor Alterations do not impact the systems of the Premises or termination of this Lease or shall remain at Project such as electrical, heating, air conditioning, water and plumbing; and (iii) the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting Minor Alterations are not visible from the undertaking Common Areas. Lessee shall provide Lessor with "as-built" plans showing the Minor Alterations if such "as-built" plans are required by applicable law or making of said alterationsif not so required, additions, and improvements. Notwithstanding anything to the contrary set forth hereinextent such "as-built" plans were prepared by Lessee. Upon request, LESSEE Lessor shall have advise Lessee in writing wxxxxxx it reserves the right, without LESSOR’s consent or approval, xxxxt to make non-structural require Lessee to remove any alterations of less than $50,000 in any instancefrom the Premises upon terminatxxx xx this Lease.

Appears in 1 contract

Samples: Luxtec Corp /Ma/

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time to time, without LESSOR’s consent, to not make interior alterations, improvements and/or any alterations and additions in and to the Premises that will have no effect on the roofPremises, foundation or other structural elements of the Premises (the “Building Structure”) except in accordance with plans and will have no adverse effect on the heatingspecifications prepared by an architect, ventilatingand constructed by a contractor, air-conditioningfirst approved by Landlord, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORin writing, which consent approval shall not be unreasonably withheld, conditionedprovided that Tenant may make non-structural alterations to the Premises not visible from the exterior of the Premises, delayed or deniedthe removal of which shall not damage the Premises, without Landlord's approval thereof. All such approved additions, Tenant may not undertake any alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises until the Finish Work has been completed. Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions which (a) involve or might affect any structural or exterior element of the Building or any area or element or any facility serving any area of the Building, or (b) will delay completion of the Premises, or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or increase the cost of insurance or taxes on the Building or of the services called for by Section 4.1 and Landlord shall not be deemed unreasonable for withholding its approval of any contractor who will not work in harmony with other contractors in the Building. All alterations and additions shall become a part of the Building (excluding Tenant's movable trade fixtures, equipment and other personal property) unless and until Landlord, at its option, shall specify the same for removal pursuant to Section 5.2. All of Tenant's alterations and additions and installation and delivery of telephone systems, furnishings and equipment shall be made in accordance coordinated with all applicable laws any work being performed by Landlord and shall at once when made or installed be deemed to have attached performed in such manner and by such persons as shall maintain harmonious labor relations and not cause any damage to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term Building or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration Lot or termination of this Lease or shall remain at the Premises. In the event of making such alterationsinterfere with Building operation and, improvements, and/or additions except as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary otherwise expressly set forth herein, LESSEE shall have be performed by Landlord's general contractor. Except for work performed by Xxxxxxxx's general contractor, Tenant, before its work is started, shall: deliver to Landlord a statement of the rightnames of all its contractors and subcontractors (and obtain Landlord's approval of the identity thereof, without LESSOR’s consent or approvalas aforesaid) and the estimated cost of all labor and material to be furnished by them and with respect to any such work the cost of which shall exceed $25,000 in the aggregate, provide security satisfactory to make non-structural alterations Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than a combined single limit of $50,000 3,000,000, (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors and Landlord's mortgagees on the Premises), and deliver to Landlord certificates of all such insurance. Xxxxxx agrees to pay promptly when due the entire cost of any instancework done on the Premises by Xxxxxx, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Property and immediately to discharge any such liens which may so attach.

Appears in 1 contract

Samples: World Energy Solutions, Inc.

ALTERATIONS AND ADDITIONS. LESSEE This Section 3.2 shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and apply to the Premises that will have no effect on the roof, foundation or other structural elements preparation of the Premises (premises for use by the “Building Structure”) Lessee as stipulated in the Agreement dated May 19, 1997 and will have no adverse effect on for the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior Term of the Premises or may have a material adverse effect on the Building System only after lease (including initial and extended terms), except for minor repairs and ordinary maintenance and upkeep. The Lessee shall not make alterations and additions to leased premises except in accordance with plans and specifications therefor first obtaining the prior written consent of LESSORapproved by Landlord, which consent approval shall not be unreasonably withheld. The Lessee, conditionedbefore commencement of work, delayed shall secure all licenses and permits necessary therefor; deliver to the Lessor a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to the Lessor protecting the Lessor against liens arising out of the furnishing of such labor and material. The Lessee shall require and cause each contractor to carry workmen's compensation Lessee shall carry and maintain commercial general liability insurance, or deniedcomprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as the Lessor may reasonably require, but in no event less than $1,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written in companies approved by the Lessor and naming and insuring Lessor as an additional insured and insuring the Lessee as well as the contractors). All The Lessee shall deliver to the Lessor certificates of all such approved additionsinsurance. The Lessee agrees to pay promptly when due the entire cost of any work done on the Premises by Lessee, alterations its agents, employees, or improvements shall be in accordance to plans independent contractors, and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed cause or denied. All alterations, improvements, and additions permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises shall be made in accordance with all applicable laws or the building or the Site or the Facilities and shall at once when made or installed be deemed immediately to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Leasedischarge any such liens which may so attach. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, The LESSEE shall indemnify and save harmless LESSOR from pay, as additional rent, 100% of any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or real estate taxes resulting from the undertaking said alterations or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 1 contract

Samples: Indenture of Lease (General Scanning Inc \Ma\)

ALTERATIONS AND ADDITIONS. LESSEE 9. Lessee shall have the right, from time to time, without LESSOR’s consent, to make interior no alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises any part thereof (the collectively Building StructureAlterations”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSORthe Lessor, which consent shall not be unreasonably withheld, conditioned, delayed conditioned or denieddelayed. All such approved additions, alterations or improvements Alterations shall be in accordance to with plans and specifications prepared approved by a duly qualified architect or engineer who Lessor, which shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed conditioned or denied. All alterations, improvementsdelayed, and additions shall be carried out by a reputable licensed contractor and in compliance with all applicable laws, codes, rules and regulations. The Lessor may impose as a condition to the aforesaid consent such additional requirements as Lessor may deem necessary in Lessor’s reasonable discretion, including without limitation requirements respecting the manner in which the work is done, Lessor’s right of approval of the contractor by whom the work is to be performed, the times during which it is to be accomplished, and financial assurances that the Alterations will be completed and paid for by Lessee. As between Lessee and Lessor, Lessee agrees that Lessor shall not be liable for, any and all loss, cost, damage, expense or liability (including without limitation, court costs and reasonable attorneys’ fees) arising from any claims brought by any of Lessee’s agents, employees, contractors or invitees as a result of the Premises not having been inspected by a Certified Access Specialist (CASp). Notwithstanding the foregoing, Lessee shall be allowed to make improvements to the Premises shall for up to $25,000 per year in costs, provided such improvements: (a) are non-structural in nature, (b) will have no effect on the Building Systems and do not require a building permit, (c) would be made in accordance compliance with all applicable laws Laws, and shall at once when made or installed (d) would not be deemed to have attached visible from outside the Building. Upon written request of Lessor prior to the freehold and to have become expiration or earlier termination of the property of LESSOR and shall remain Lease, Lessee shall, at its sole expense, remove any or all Alterations installed by or for the benefit of LESSOR Lessee. Upon Lessee’s request at the end time Lessee seeks consent for Alterations, Lessor shall provide written notice to Lessee of its restoration requirements, and Lessee shall remove any Alterations timely designated by Lessor for removal upon the Term expiration or other earlier early termination of this Lease. Any equipment installed by LESSEE during All Alterations shall, upon completion, become part of the Term shall at LESSEE’s election Premises and the property of the Lessor. All Alterations not specified to be removed shall at the expiration or earlier termination of this the Lease or shall remain at upon and be surrendered with the Premises. In All movable furniture, business and trade fixtures, and machinery and equipment shall remain the event property of making such alterationsthe Lessee and may be removed by the Lessee at any time during the Lease term. Items which are not to be deemed as movable furniture, improvements, and/or additions as herein provided, LESSEE shall indemnify business and save harmless LESSOR from any and all expenses, liens, claimstrade fixtures, or damages to either persons or Premises arising out ofmachinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or resulting from any other installation which has become an integral part of the undertaking or making of said alterations, additions, and improvementsPremises. Notwithstanding anything The Lessee will give the Lessor five (5) business days’ notice prior to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make commencement of any Alterations work and will at all times permit notices of non-structural alterations responsibility to be posted and to remain posted until the completion of less than $50,000 in any instanceAlterations.

Appears in 1 contract

Samples: Lease (Mobileiron, Inc.)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior any alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises or any part thereof, except those improvements that will have no effect on are nonstructural in nature and do not affect the roof, foundation or other structural elements of building mechanical systems including but not limited to the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioningelectrical, plumbing, electrical, mechanical and other HVAC systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor, which consent shall not be unreasonably withheld, conditionedconditioned or delayed, delayed and without a valid building permit issued by the appropriate governmental authority. In the event of any alteration, addition or deniedimprovements to the Premises, Lessee shall provide Lessor notification by submission of plans. All such approved additions, As it pertains to structural alterations or improvements shall be improvements, Lessor retains, at his sole option, the right to retain a General Contractor of his own choosing, provided that said General Contractor is competitive in accordance its costs, to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approvalperform all repairs, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, or additions in, on, about, or to said Premises or any part thereof. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions made by Lessee at the termination of this Lease and additions to restore the Premises to their prior condition, provided that Lessor notifies Lessee of its obligation to do so at the time of providing its consent to such alterations. Any alteration, addition, or improvement to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Lessor upon installation, and shall remain for upon and be surrendered with the benefit of LESSOR Premises at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election Alterations and additions which are not to be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterationsdeemed as trade fixtures include heating, improvementslighting, and/or additions as herein providedelectrical systems, LESSEE shall indemnify and save harmless LESSOR from any and all expensesair conditioning, lienspartitioning, claimscarpeting, or damages to either persons or any other installation which has become an integral part of the Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements(except for Lessee’s signage). Notwithstanding anything to the contrary set forth herein, LESSEE if, during the term hereof, any alteration, addition, or change of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by law, regulation, ordinance, or order of any public agency then if such legal requirement is not imposed because of Lessee’s specific use of the Premises and is not “triggered” by Lessee’s alterations or Lessee’s application for a building permit or any other governmental approval (in which instance Lessee shall have be responsible for 100% of the rightcost of such improvement) and if such legal requirement was not in effect on the Lease Commencement Date, without LESSOR’s consent or approvalLessor shall be responsible for constructing such improvement and Lessee shall be responsible for its proportional share of the cost for said improvement, to make non-structural alterations amortized over the useful life of less than $50,000 in such improvement that coincides with the remaining Lease term including any instanceextensions.

Appears in 1 contract

Samples: Lease (Zoran Corp \De\)

ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.and

Appears in 1 contract

Samples: Lease Agreement (New Abraxis, Inc.)

ALTERATIONS AND ADDITIONS. LESSEE (a) Lessee shall have the right, from time to timenot, without LESSOR’s consent, to Lessor's prior written consent make interior any alterations, improvements and/or additions in and improvements, additions, or Utility Installations in, on or about the premises, or the Industrial Center, except for nonstructural alterations to the Premises that will have not exceeding $2,500 in cumulative costs, during the term of this Lease. In any event, whether or not in excess of $2,500 in cumulative cost, Lessee shall make no effect on change or alterations to the roof, foundation or other structural elements exterior of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect these premises nor to the exterior of the Building or the Industrial Center without Lessor's prior written consent. As used in this paragraph 7.3 the term "Utility Installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing and fencing. Lessor may require that Lessee remove any or all of said alterations, improvements, additions or Utility Installations at the expiration of the term, and restore the premises and the Industrial Center to their prior condition. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior approval of Lessor, Lessor may, at any time during the term of this Lease, require that Lessee remove any or all of the same. (b) Any alterations, improvements, additions or Utility Installations in or about the Premises or the Industrial Center that Lessee shall desire to make shall be presented to Lessor in written form, with proposed detailed plans. If Lessor shall give its consent to Lessee's making such alteration, improvement, addition to Utility Installation, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so from the applicable governmental agencies, furnishing a copy thereof to Lessor prior to the commencement of the work, and compliance by Lessee with all conditions of said permit in a prompt and expeditious manner. (c) Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which claims are or may be secured by any mechanic's or materialman's lien against the Premises, or the Industrial Center, or any interest therein. Lessee shall give Lessor not less than ten(10) days' notice prior to the commencement of any work in the Premises, and Lessor shall have a material adverse effect the right to post notices of non-responsibility in or on the Premises or the Building System only after first obtaining as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgement that may be rendered thereon before the enforcement thereof against the Lessor or the Premises or the Industrial Center, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien claim or demand indemnifying Lessor against liability for the same and holding the premises, and the Industrial Center free from the effect of such lien or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys fees and costs in participating in such action if Lessor shall decide it is to Lessor's best interest so to do. (d) Lessee shall give Lessor not less than (10) days' notice prior written consent to the commencement of LESSORany work in the Premises by Lessee, which consent and Lessor shall not have the right to post notices of non-responsibility in or on the Premises of the Building as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be unreasonably withheldrendered thereon before the enforcement thereof against the Lessor or the Premises, conditionedthe Building or the Industrial Center, delayed upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien claim or denieddemand indemnifying Lessor against liability for the same and holding the Premises, the Building and the Industrial Center free from the effect of such lien or claim. All In addition, Lessor may require Lessee to pay Lessor's reasonable attorneys' fees and costs in participating in such approved additions, alterations or improvements action if Lessor shall be in accordance decide it is to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications Lessor's best interest so to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denieddo. (e) All alterations, improvements, additions and additions Utility Installations (whether or not such Utility Installations constitute trade fixtures of Lessee), which may be made to the Premises by Lessee, including but not limited to, floor coverings, paneling, doors, drapes, built-ins, moldings, sound attenuation, and lighting and telephone or communication systems, conduit, wiring and outlets, shall be made and done in accordance with all applicable laws a good and workmanlike manner and of good and sufficient quality and materials and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Lessor and shall remain for upon and be surrendered with the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed Premises at the expiration or termination of the Lease term, unless Lessor requires their removal pursuant to paragraph 7.3(a). Provided Lessee is not in default, notwithstanding the provisions of this Lease or paragraph 7.3(e), Lessee's personal property and equipment, other than that which is affixed to the Premises so that it cannot be removed by Lessee subject to the provisions of paragraph 7.2. (f) Lessee shall remain at the Premises. In the event of making such provide Lessor with as-built plans and specifications for any alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsUtility Installations. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.7.4

Appears in 1 contract

Samples: Trio Tech International

ALTERATIONS AND ADDITIONS. LESSEE shall have the right, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”a) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE Tenant shall have the right, without LESSORLandlord’s consent or approvalbut upon ten (10) days prior written notice to Landlord, to make strictly cosmetic, non-structural alterations (“Cosmetic Alterations”) to the inside of less the Premises (e.g., paint and carpet, wallcoverings, communication systems, telephone and computer system wiring) that do not (i) involve the expenditure of more than $50,000 15,000 in the aggregate in any instancecalendar year; (ii) affect the exterior appearance of the Building, (iii) affect the Building’s electrical, plumbing, HVAC, life, fire, safety or security systems (iv) affect the structural elements of the Building, (v) affect the Common Areas or parking areas, or (vi) adversely affect any other tenant of the Project. Except with respect to Cosmetic Alterations, Tenant shall not, without Landlord’s prior written consent, which may be given or withheld in Landlord’s sole discretion, make any alterations, improvements, additions, utility installations or repairs (hereinafter collectively referred to as “Non- Permitted Alterations”) in, on or about the Premises or the Project including, but not limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, window and wall coverings, electrical distribution systems, lighting fixtures, HVAC and plumbing. References in this Lease to “Alterations” shall mean both Permitted Alterations and Non-Permitted Alterations. At the expiration of the term, Landlord may require the removal of any Alterations installed by Tenant and the restoration of the Premises and the Project to their prior condition, at Tenant’s expense if, at the time of Landlord’s consent, Landlord did not agree in writing that Tenant would not be obligated to remove the Alterations. If a work letter agreement is entered into by Landlord and Tenant, Tenant shall not be obligated to remove the tenant improvements constructed in accordance with the work letter agreement. If, as a result of any Alteration made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other law or regulation and such compliance requires Landlord to make any improvement or Alteration to any portion of the Project, as a condition to Landlord’s consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. Should Landlord permit Tenant to make its own Alterations, Tenant shall use only such contractor as has been expressly approved by Landlord, and if the cost of the Alteration will exceed $100,000 Landlord may require Tenant to provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such Alterations, to insure Landlord against any liability for mechanic’s and materialmen’s liens and to insure completion of the work. In addition, Tenant shall pay to Landlord a fee equal to the lesser of (i) the actual amount Landlord pays to its property manager to supervise such Alterations, or (ii) three percent (3.0%) of the cost of the Alterations to compensate Landlord for the overhead and other costs it pays its property manager to monitor the construction of the Alterations (the “Fee”) In addition to the Fee, Tenant shall reimburse Landlord for any other reasonable out of pocket costs Landlord pays to independent third parties (other than Landlord’s manager) in reviewing the plans for the Alterations and, if reasonably necessary, in monitoring the construction of the Alterations (e.g., the cost of engineers etc.) (collectively, “Consultant’s Fees”); provided, however, in no event shall the total amount of the Fee plus the Consultant’s Fees exceed three percent (3%) of the total cost of the Alterations. Should Tenant make any Alterations without the prior approval of Landlord, or use a contractor not expressly approved by Landlord, Landlord may, at any time during the term of this Lease, require that Tenant remove all or part of the Alterations and return the Premises to the condition it was in prior to the making of the Alternations. In the event Tenant makes any Alterations, Tenant agrees to obtain or cause its contractor to obtain, prior to the commencement of any work, “builders all risk” insurance in an amount approved by Landlord and workers compensation insurance.

Appears in 1 contract

Samples: Work Letter Agreement (Ign Entertainment Inc)

ALTERATIONS AND ADDITIONS. LESSEE 9. Lessee shall have the right, from time to time, without LESSOR’s consent, to make interior no alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises any part thereof (the “Building Structure”collectively "Alterations") and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after without first obtaining the prior written consent of LESSOR, the Lessor which consent shall not be unreasonably withheld, conditioned, delayed withheld or denieddelayed. All such approved additions, alterations or improvements Alterations shall be in accordance to with plans and specifications prepared approved by Lessor and shall be carried out by a duly qualified architect or engineer who shall submit such plans reputable licensed contractor and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance compliance with all applicable laws laws, codes, rules and regulations. The Lessor may impose as a condition to the aforesaid consent such additional requirements as Lessor may deem necessary in Lessor's sole but reasonable discretion, including without limitation requirements respecting the manner in which the work is done, Lessor's right of approval of the contractor by whom the work is to be performed, and the times during which it is to be accomplished. Upon written request of Lessor at least one hundred twenty (120) days prior to the expiration or earlier termination of the Lease, Lessee will remove any or all Alterations installed by or for Lessee including any existing process piping, plumbing and storage tanks, provided however, that henceforth, Lessor shall indicate to Lessee at the time Lessor grants its consent, which Alterations Lessor may require Lessee to remove. All Alterations not specified to be removed shall at once when made or installed be deemed to have attached to the freehold and to have expiration of earlier termination of the lease become the property of LESSOR the Lessor and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election upon and be removed at the expiration or termination of this Lease or shall remain at surrendered with the Premises. In All movable furniture, business and trade fixtures, and machinery and equipment shall remain the event property of making such alterationsthe Lessee and may be removed by the Lessee at any time during the Lease term. Items which are not to be deemed as movable furniture, improvements, and/or additions as herein provided, LESSEE shall indemnify business and save harmless LESSOR from any and all expenses, liens, claimstrade fixtures, or damages to either persons or Premises arising out ofmachinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or resulting from any other installation which has become an integral part of the undertaking or making of said alterations, additions, and improvementsPremises. Notwithstanding anything The Lessee will give the Lessor ten (10) business days notice prior to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make commencement of any Alterations work and will at all times permit notices of non-structural alterations responsibility to be posted and to remain posted until the completion of less than $50,000 in any instanceAlterations.

Appears in 1 contract

Samples: Building Lease Agreement (Drexler Technology Corp)

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the right, from time not make or suffer to time, without LESSOR’s consent, to make interior be made any alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on any part thereof without the Building System only after first obtaining the prior written consent of LESSORLessor (consent will be assumed if Lessor does not respond after ten (10) calendar days from receipt of written notice) first had and obtained and any alterations, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations additions or improvements to or of said Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall on the expiration of the term become a part of the realty and belong to the Lessor and shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance surrendered with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event Lessor consents to the making of making such any alterations, improvementsadditions or improvements to the Premises by Lessee, and/or additions as herein providedthe same shall be made by Lessee at Lessee's sole cost and expense, LESSEE shall indemnify and save harmless LESSOR from any contractor or person selected by Lessee to make the same must first be approved of in writing by the Lessor. Upon the expiration or sooner termination of the term hereof, Lessee shall, upon written demand by Lessor, given at least thirty (30) days prior to the end of the term, at Lessee's sole cost and expense, forthwith and with all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said due diligence remove any alterations, additions, or improvements made by Lessee, designated by Lessor to be removed, and improvements. Notwithstanding anything Lessee shall, forthwith and with all due diligence at its sole cost and expense, repair any damage to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancePremises caused by such removal.

Appears in 1 contract

Samples: Standard Office Lease (Spatialight Inc)

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have the right, from time not make or permit to time, without LESSOR’s consent, to make interior be -------------------------- made any alterations, improvements improvements, and/or additions in and of any kind or nature to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Leased Premises or may have a material adverse effect on the Building System only after first obtaining any part thereof except by and with the prior written consent of LESSOR, Landlord which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or deniedLandlord's sole discretion. All alterations, improvements, improvements and additions to the Leased Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Landlord and shall remain for the benefit of LESSOR Landlord at the end of the Term term, or other earlier expiration of this lease, in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease. Any equipment installed lease, or within fifteen (15) days thereafter, Landlord so directs, Tenant shall promptly remove the additions, improvements, fixtures and installations which were placed in the Leased Premises by LESSEE during the Term shall Tenant and which are designated in said notice and repair any damage occasioned by such removal and, in default thereof, Landlord may effect said removals and repairs at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the PremisesTenant's expense. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE Tenant shall indemnify and save harmless LESSOR Landlord from any and all expensesexpense, liens, claims, or damages to either persons or Premises property arising out of, or resulting from from, the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 1 contract

Samples: Lease Agreement (Laralev Inc)

ALTERATIONS AND ADDITIONS. LESSEE Except for those improvements installed prior to the first anniversary of the Commencement Date and Permitted Alterations (as defined below), Tenant shall have not make, or suffer to be made, any alteration or addition to the rightsaid Premises (“Alterations”), from time to timeor any part thereof, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to (i) the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORLandlord first had and obtained, which consent shall not be unreasonably withheldwithheld or delayed, conditionedand (ii) delivering to Landlord the proposed architectural and structural plans, delayed or deniedif any, for all such Alterations. After having obtained Landlord’s consent, Tenant agrees that it shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant further agrees to provide Landlord (i) written notice of the anticipated start date and actual start date of the work, and (ii) a complete set of half-size (15” X 21”) vellum as-built drawings. All such approved additions, alterations or improvements Alterations shall be constructed in accordance to plans compliance with applicable buildings codes and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, laws. Alterations which are not to be unreasonably withhelddeemed as trade fixtures shall include heating, conditionedlighting, delayed electrical systems, air conditioning, partitioning, carpeting, or deniedany other installation which has become affixed to the Premises. All alterationsAlterations shall be maintained, improvementsreplaced or repaired by Tenant at Tenant’s sole cost and expense, and additions except as provided in Section 11 below. Notwithstanding the above, Tenant shall have the right to remove any trade fixtures, furniture, or process equipment paid for by Tenant from the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of the Lease, which items shall include, without limitation, the items set forth in Exhibit “F” attached hereto and incorporated herein by this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsreference. Notwithstanding anything to the contrary set forth hereinforegoing, LESSEE Tenant shall have the right, without LESSOR’s the prior written consent or approvalof Landlord, to make certain alterations, additions or improvements (the “Permitted Alterations”) which (i) do not affect the Building systems or structural components of the Building and (ii) which cost less, on an individual basis, than One Hundred Fifty Thousand Dollars ($150,000), provided that each such Permitted Alteration is otherwise performed in accordance with the terms of this Section 10. Ownership of any Alterations, Permitted Alterations or Tenant Improvements paid for by Tenant shall remain in Tenant throughout the Term of this Lease, and Tenant shall be entitled to the benefit of any depreciation or other tax benefits arising therefrom, provided that Landlord shall, upon the Expiration Date or earlier termination of the Term hereof, become the owner of any Alterations or Tenant Improvements made to the Premises which, pursuant to the terms of this Lease, are left on the Premises by Tenant. Tenant shall give Landlord at least ten (10) days’ prior written notice of any Alteration or Permitted Alteration so that Landlord can post a notice of non-structural alterations of less than $50,000 in any instanceresponsibility with respect thereto.

Appears in 1 contract

Samples: Western Digital Corp

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s the express, advance written consent of Lessor; any addition or alteration to said Premises, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Lessor at the end of the Lease Term or earlier termination of this Lease. Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to make interior alterations, improvements and/or additions in avoid any liability to contractors or material suppliers for payment for Lessee’s improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will have no effect on use its best efforts to notify Lessee at the rooftime of approval if such improvements or alterations are to be removed at the end of the Lease Term or earlier termination of this Lease. Lessor hereby approves the installation by Lessee of a stand alone HVAC system to be installed in, foundation or other structural elements and to exclusively service, the server room which is part of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building SystemsServer Room HVAC”). LESSEE may make alterationsAs part of such installation, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on Lessee shall cause the Building System only after first obtaining HVAC systems to no longer service the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or deniedserver room. All such approved additions, alterations or improvements shall be Notwithstanding anything in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions this Lease to the Premises contrary, the Server Room HVAC shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to remain the freehold and to have become the personal property of LESSOR Lessee and shall remain for may be removed upon the benefit of LESSOR at the end of the Term expiration or other earlier termination of this Lease provided the area is properly restored per terms of Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 1 contract

Samples: DSP Group Inc /De/

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, any alteration or addition to said Premises, or any part thereof, without LESSOR’s consentthe express, to make interior alterations, improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior advance written consent of LESSORLessor; any addition or alteration to said Premises, which consent except movable furniture and trade fixtures, shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall become at once when made or installed be deemed a part of the realty and belong to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR Lessor at the end of the Lease Term or other earlier termination of this Lease. Any equipment Alterations and additions which are not deemed as trade fixtures shall include HVAC systems, lighting systems, electrical systems, partitioning, carpeting, or any other installation which has become an integral part of the Premises. Lessee agrees that it will not proceed to make such alterations or additions until all required government permits have been obtained and after having obtained consent from Lessor to do so, until five (5) days from the receipt of such consent, so that Lessor may post appropriate notices to avoid any liability to contractors or material suppliers for payment for Lessee's improvements. Lessee shall at all times permit such notices to be posted and to remain posted until the completion of work. At the end of the Lease Term or earlier termination of this Lease, Lessee shall remove and shall be required to remove its special tenant improvements, all related equipment, and any additions or alterations installed by LESSEE Lessee at or during the Lease Term and Lessee shall return the Premises to the condition that existed before the installation of the tenant improvements. Notwithstanding the above, Lessor agrees to allow any reasonable alterations and improvements and will use its best efforts to notify Lessee at LESSEE’s election the time of approval if such improvements or alterations are to be removed at the expiration end of the Lease Term or earlier termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsLease. Notwithstanding anything to the contrary set forth hereinabove, LESSEE Lessee shall have the right, without LESSOR’s consent or approvalduring the term of this Lease, to make non-improvements to the Premises at their sole cost and expense of Five Hundred Thousand Dollars ($500,000) with no approval from Lessor, provided they are not structural alterations and subject to the requirement to remove the subject improvements at the end of less than $50,000 in any instancethe Lease Term.

Appears in 1 contract

Samples: Xilinx Inc

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have not make, or suffer to be -------------------------- made, any alterations, improvements, or additions in, on or about, or to the right, from time to timePremises or any part thereof, without LESSOR’s consentthe prior written consent of Lessor, and without a valid building permit issued by the appropriate governmental authority. Lessor retains, at his sole option, the right to make interior perform all repairs, alterations, improvements and/or or additions in in, or about, or to said Premises or any part thereof. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements or additions at the termination of this Lease, and to restore the Premises that will have no effect on to their prior condition. Any alteration, addition, or improvement to the roofPremises, foundation or other structural elements except movable furniture and trade fixtures not affixed to the Premises, shall become the property of the Lessor upon installation, and shall remain upon and be surrendered with the Premises at the termination of this Lease. Lessor can elect, however, within thirty (30) days before expiration of the “Building Structure”term to require Lessee to remove any alterations, additions or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall restore the Premises to the condition designated by Lessor in its election, before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. Alterations and will have no adverse effect on the additions, which are not to be deemed as trade fixtures include heating, ventilatinglighting, electrical systems, air-conditioning, plumbingpartitioning, electricalelectrical signs, mechanical and carpeting or any other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior installation which has become an intregal part of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of Lessor consents to Lessee's making such any alterations, improvementsimprovements or additions, and/or additions as herein providedLessee shall notify Lessor in writing at least fifteen (15) days prior to commencing work and Lessee shall be responsible for the timely posting of notices of non-responsibility on Lessor's behalf, LESSEE providing that Lessor shall indemnify be responsible for executing and save harmless LESSOR from any recording said notices and all expensesdelivering the same to Lessee for posting, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Notwithstanding anything Lessee's failure to notify Lessor within the contrary set forth hereintime period provided in the preceding sentence shall be a breach of this Lease. If, LESSEE during the term hereof, any alteration, change or addition of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by law, regulation, ordinance or order of any public agency, Lessee, at its sole cost and expense, shall have promptly make the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instancesame.

Appears in 1 contract

Samples: Lease (Identix Inc)

ALTERATIONS AND ADDITIONS. LESSEE Tenant shall have not make, or suffer to be made, any alteration or addition to the rightsaid Premises ("Alterations"), from time to timeor any part thereof, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to (i) the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORLandlord first had and obtained, which consent and (ii) delivering to Landlord the proposed architectural and structural plans for all such Alterations. At the time Tenant requests Xxxxxxxx's consent, Landlord shall not be unreasonably withheld, conditioned, delayed or denied. All notify Tenant as to whether Landlord will require such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not Alteration to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to removed from the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination Lease term. After having obtained Xxxxxxxx's consent, Xxxxxx agrees that it shall not proceed to make such Alterations until (i) Tenant has obtained all required governmental approvals and permits, and (ii) Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Xxxxxx further agrees to provide Xxxxxxxx (i) written notice of this Leasethe anticipated start date and actual start date of the work. and (ii) a complete set of half-size (15" X 21") vellum as-built drawings. All Alterations shall be constructed in compliance with applicable buildings codes and laws. Any equipment installed Alterations, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord, but shall nevertheless be subject to removal by LESSEE during the Term shall at LESSEE’s election be removed Tenant if Landlord so notifies Tenant at the expiration time Landlord provides its consent to the installation of the Alteration. Alterations which are not to be deemed as trade fixtures shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or termination any other installation which has become an integral part of this Lease or shall remain at the Premises. In the event of making such alterationsAll Alterations shall be maintained, improvements, and/or additions as herein provided, LESSEE shall indemnify replaced or repaired by Tenant at Tenant's sole cost and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsexpense. Notwithstanding anything the foregoing, Tenant shall not be required to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s obtain Landlord's prior written consent or approval, to make for any non-structural alterations Alterations (which do not effect the mechanical or electrical systems and are not visible from the exterior of less than the Premises) costing Twenty-Five Thousand Dollars ($50,000 in any instance25,000) or less.

Appears in 1 contract

Samples: Terayon Communication Systems

ALTERATIONS AND ADDITIONS. LESSEE shall have the rightLessee may make any improvements, from time to time, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and or changes to the Premises that will have no effect on (collectively, the roof"Alterations") which (i) do not affect the Building systems and equipment, foundation or other structural elements exterior appearance of the Premises Building, or structural aspects of the Building, and (ii) do not, in the aggregate, cost more than $25,000 in any twelve-month period, by providing Lessor with written notice not less than ten (10) days prior to the commencement thereof. Lessee may not make any Alterations which may affect the Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterationsequipment, improvements and/or additions that affect the exterior appearance of the Premises Building, or may have a material adverse effect on structural aspects of the Building System only after or which, in the aggregate, cost more than $25,000 in any twelve-month period, or which require a permit from the applicable governmental authorities, without first obtaining procuring the prior written consent of LESSORLessor to such Alterations, which consent shall be requested by Lessee not less than fifteen (15) days prior to commencement thereof, and which consent may be withheld by Lessor in its sole discretion. Any time Lessee proposes to make Alterations, whether or not the consent of Lessor is required pursuant to this Paragraph, Lessee's notice regarding the proposed Alterations shall be provided together with the plans and specifications for the Alterations, and Lessor shall approve or disapprove of the same within ten (10) days after its receipt of the same. Lessee shall not install any signs, improvements, nor make or permit any other alterations or additions to the Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. If any such Alterations are expressly permitted by Lessor, conditionedLessee shall deliver at least ten (10) days prior notice to Lessor, delayed from the date Lessee intends to commence construction, sufficient to enable Lessor to post a Notice of Non-Responsibility. In all events, Lessee shall obtain all permits or deniedother governmental approvals prior to commencing any of such work and deliver a copy of same to Lessor. All such approved additions, alterations or improvements Alterations shall be in accordance to plans and specifications prepared installed by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approvallicensed contractor reasonably approved by Lessor, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made at Lessee's sole expense in accordance compliance with all applicable laws Laws and CC&Rs. Lessee shall at once when made keep the Premises, the Building, the Lot and the Park free from any liens arising out of any work performed, materials furnished or installed be deemed to have attached to the freehold and to have become the property obligations incurred by or on behalf of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier Lessee. Upon termination of this Lease. Any equipment installed by LESSEE during the Term , Lessee shall at LESSEE’s election be removed remove all signs, fixtures, furniture and furnishings and unless Lessor has advised Lessee at the expiration time of installation that removal will not be required, remove any improvements made by Lessee and repair any damage caused by the installation or termination removal of such signs, fixtures, furniture, furnishings and improvements and leave the Premises in as good condition as they were in at the time of the commencement of this Lease Lease, excepting for reasonable wear and tear and casualty. Reasonable wear and tear shall not include any damage or shall remain at the Premises. In the event deterioration that would have been prevented by proper maintenance by Lessee or Lessee otherwise performing all of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceits obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Burke Industries Inc /Ca/)

ALTERATIONS AND ADDITIONS. LESSEE This Section 3.5 shall have apply before and during the right, from time to time, without LESSOR’s consent, to Tem'. Tenant shall not make interior alterations, improvements and/or any alterations and additions in and to the Premises except in accordance with plans and specifications first approved by Landlord; provided, however, that will have no effect on the roof, foundation tenant shall not be required to obtain Landlord's consent or other structural elements of the Premises (the “Building Structure”) prepare plans and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical specifications for such alterations which are decorative in nature and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that do not affect the exterior structure of the Premises or may have the Building systems and which do not exceed in any twelve (12) month period a material adverse effect cost of $5,000. In no event shall any alterations or additions be considered or approved by Landlord which (a) involve or affect any structural or exterior element of the Building or building mechanical, electrical or plumbing systems, including the common facilities of the Building, or (b) require unusual expense to readapt the Premises to normal office use on Lease termination or increase the cost of construction or of insurance or taxes on the Building System only after or the Lot. All alterations and additions shall become a part of the Premises, unless and until Landlord, at its option, shall specify the same for removal pursuant to Section 6.1.2 at the time of Tenant's request for Xxxxxxxx's consent. All of Tenant's alterations and additions and installation and delivery of telephone systems, furnishings, and equipment shall be coordinated with any work being performed by Landlord and shall be performed in such manner, and by such persons as shall maintain harmonious labor relations and not cause any damage to the Building or interference with Building construction or operation and, except for installation of furnishings, equipment and telephone systems, and except as otherwise expressly set forth herein, shall be performed by general contractors first obtaining the prior written consent of LESSORapproved by Landlord, which consent approval shall not be unreasonably withheld, conditionedconditioned or delayed. Before commencing any work Tenant shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors (the identity of which must have been previously approved by Landlord as hereinabove contemplated) and the estimated cost of all labor and material to be furnished by them; and cause each contractor to carry (i) worker's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and (ii) comprehensive public liability insurance with such limits as Landlord may reasonably require, delayed but in no event less than a combined single limit of $1,500,000 (all such insurance to be written by companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. Xxxxxx agrees to pay promptly when due, and to defend and indemnify Landlord from and against, the entire cost of any work done on the Premises by Tenant, its agents, employees or deniedindependent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Building or the Lot and immediately to discharge any such liens which may so attach. All In connection with the installation of telecommunication equipment by Tenant, such installation shall occur only in such locations and in such a manner as reasonably approved additionsin writing by the Landlord and none of such wires, alterations ducts or improvements equipment shall be located in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to areas outside the Premises (provided, however, that Tenant may install wires and cables in risers and ducts outside the Premises which are in existence on the date of this Lease and for which there exists, in Landlord's sole discretion, adequate space for Tenant's wires and cables). Notwithstanding any other provision of this Lease, telecommunication wires, ducts or equipment shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR removed by Tenant at the end expiration of the Term Terra or other earlier termination of this Lease, unless otherwise approved by Landlord in writing, and all damage caused by such removal repaired. Any Telephone switches, antennae, electronic distribution boxes and similar equipment installed by LESSEE during the Term shall at LESSEE’s election only be removed at the expiration or termination of this Lease or shall remain at located within the Premises. In Landlord shall not be liable for any loss, damage or interruption of service related to such facilities unless caused by the event negligence of making such alterationsLandlord, improvementsLandlord's agents, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, contractors or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instanceemployees ("Landlord Parties").

Appears in 1 contract

Samples: Javelin Pharmaceuticals, Inc

ALTERATIONS AND ADDITIONS. LESSEE Except for those improvements installed prior to the first anniversary of the Commencement Date and Permitted Alterations (as defined below), Tenant shall have not make, or suffer to be made, any alteration or addition to the rightsaid Premises ("Alterations"), from time to timeor any part thereof, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and to (i) the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSORLandlord first had and obtained, which consent shall not be unreasonably withheldwithheld or delayed, conditionedand (ii) delivering to Landlord the proposed architectural and structural plans, delayed or deniedif any, for all such Alterations. After having obtained Landlord's consent, Tenant agrees that it shall not proceed to make such Alterations until Tenant has obtained all required governmental approvals and permits. Tenant further agrees to provide Landlord (i) written notice of the anticipated start date and actual start date of the work, and (ii) a complete set of half-size (15" X 21") vellum as-built drawings. All such approved additions, alterations or improvements Alterations shall be constructed in accordance to plans compliance with applicable buildings codes and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, laws. Alterations which are not to be unreasonably withhelddeemed as trade fixtures shall include heating, conditionedlighting, delayed electrical systems, air conditioning, partitioning, carpeting, or deniedany other installation which has become affixed to the Premises. All alterationsAlterations shall be maintained, improvementsreplaced or repaired by Tenant at Tenant's sole cost and expense, and additions except as provided in Section 11 below. Notwithstanding the above, Tenant shall have the right to remove any trade fixtures, furniture, or process equipment paid for by Tenant from the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of the Lease, which items shall include, without limitation, the items set forth in Exhibit "F" attached hereto and incorporated herein by this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvementsreference. Notwithstanding anything to the contrary set forth hereinforegoing, LESSEE Tenant shall have the right, without LESSOR’s the prior written consent or approvalof Landlord, to make certain alterations, additions or improvements (the "Permitted Alterations") which (i) do not affect the Building systems or structural components of the Building and (ii) which cost less, on an individual basis, than One Hundred Fifty Thousand Dollars ($150,000), provided that each such Permitted Alteration is otherwise performed in accordance with the terms of this Section 10. Ownership of any Alterations, Permitted Alterations or Tenant Improvements paid for by Tenant shall remain in Tenant throughout the Term of this Lease, and Tenant shall be entitled to the benefit of any depreciation or other tax benefits arising therefrom, provided that Landlord shall, upon the Expiration Date or earlier termination of the Term hereof, become the owner of any Alterations or Tenant Improvements made to the Premises which, pursuant to the terms of this Lease, are left on the Premises by Tenant. Tenant shall give Landlord at least ten (10) days' prior written notice of any Alteration or Permitted Alteration so that Landlord can post a notice of non-structural alterations of less than $50,000 in any instanceresponsibility with respect thereto.

Appears in 1 contract

Samples: Komag Inc /De/

ALTERATIONS AND ADDITIONS. LESSEE (a) Except as provided below, Tenant shall have the right, from time to timenot, without LESSOR’s Landlord's prior written consent, to which may be given or withheld in Landlord's sole discretion, make interior any alterations, improvements and/or additions in improvements, additions, utility installations or repairs (hereinafter collectively referred to as "Alterations") in, on or about the Premises or the Project. Alterations shall include, but shall not be limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, file retrieval or storage systems, carpeting or other floor covering, painting, window and wall coverings, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. Notwithstanding the foregoing, Landlord’s consent shall not be required for cosmetic, non‑structural alterations ("Cosmetic Alterations") to the inside of the Premises (e.g., paint and carpet, communication systems, telephone and computer system wiring) that will have no effect on do not (i) involve the roofexpenditure of more than $5,000 in the aggregate, foundation (ii) affect the exterior appearance of the Building, (iii) affect the Building’s electrical, plumbing, HVAC, life, fire, safety or other security systems, (iv) affect the structural elements of the Building or (v) adversely affect any other tenant of the Project. At the expiration of the term, Landlord may require the removal of any Alterations installed by Tenant and the restoration of the Premises and the Project to their prior condition, at Tenant's expense. If a work letter agreement is entered into by Landlord and Tenant, Tenant shall not be obligated to remove the tenant improvements constructed in accordance with the work letter agreement. If, as a result of any Alteration made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other law or regulation and such compliance requires Landlord to make any improvement or Alteration to any portion of the Project, as a condition to Landlord's consent, Landlord shall have the right to require Tenant to. In addition, Tenant shall pay to Landlord a fee equal to three percent (3%) of the cost of the Alterations (excluding Cosmetic Alterations) to compensate Landlord for the overhead and other costs it incurs in reviewing the plans for the Alterations and in monitoring the construction of the Alterations (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building SystemsLandlord Fee”). LESSEE may If Landlord incurs reasonable architectural, engineering or other consultants’ fees in evaluating such Alterations, Tenant shall reimburse Landlord for these reasonable fees in addition to the Landlord Fee. If Txxxxx proposes Alterations to Landlord but subsequently elects not to construct the Alterations, and Landlord has incurred costs in reviewing Tenant’s proposed Alterations (e.g., reasonable architect’s, engineer’s or property management fees), Tenant shall reimburse Landlord for the reasonable costs incurred by Landlord within thirty (30) days after written demand. Should Tenant make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining any Alterations without the prior written consent approval of LESSORLandlord, which consent shall or use a contractor not be unreasonably withheldexpressly approved by Landlord, conditionedLandlord may, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to at any time during the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination term of this Lease. Any equipment installed by LESSEE during , require that Tenant remove all or part of the Term shall at LESSEE’s election be removed at Alterations and return the expiration or termination Premises to the condition it was in prior to the making of this Lease or shall remain at the PremisesAlternations. In the event of making such alterationsTenant makes any Alterations, improvementsTxxxxx agrees to obtain or cause its contractor to obtain, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything prior to the contrary set forth hereincommencement of any work, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 "builders all risk" insurance in any instancean amount approved by Landlord and workers compensation insurance.

Appears in 1 contract

Samples: Standard Office Lease (Auxilio Inc)

ALTERATIONS AND ADDITIONS. LESSEE 9. Except as hereinafter provided, the lessee shall have the right, from time to time, without LESSOR’s consent, to make interior no alterations, additions or improvements and/or additions in and to the Premises that will have no effect on the roof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after any part thereof without first obtaining the prior written consent of LESSORthe Lessor. The Lessor may impose as a condition to the aforesaid consent such requirements as Lessor may deem necessary in Lessor's sole discretion, including without limitation thereto, the manner in which consent shall not be unreasonably withheldthe work is done, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared a right of approval of the contractor by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not whom the work is to be unreasonably withheldperformed, conditioned, delayed or denied. All alterations, improvementsthe times during which it is to be accomplished, and the requirement that upon written request of Lessor prior to the expiration or earlier termination of the Lease, Lessee will remove any or all improvements or additions to the Premises shall installed at Lessee's expense. All such alterations, additions or improvements not specified to be made in accordance with all applicable laws and removed shall at once when made or installed be deemed to have attached to the freehold and to have expiration of earlier termination of the lease become the property of LESSOR the Lessor and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election upon and be removed at the expiration or termination of this Lease or shall remain at surrendered with the Premises. In All movable furniture, business and trade fixtures, and machinery and equipment shall remain the event property of making such alterationsthe Lessee and may be removed by the Lessee at any time during the Lease term when Lessee is not in default hereunder. Items which are not to be deemed as movable furniture, improvements, and/or additions as herein provided, LESSEE shall indemnify business and save harmless LESSOR from any and all expenses, liens, claimstrade fixtures, or damages to either persons or Premises arising out ofmachinery and equipment shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or resulting from any other installation which has become an integral part of the undertaking or making Premises. The Lessee will at all times permit notices of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural responsibility to be posted and to remain posted until the completion of alterations of less than $50,000 in any instance.or additions which have been approved by the Lessor. * See Addendum hereto for supplemental provisions. MAINTENANCE OF PREMISES

Appears in 1 contract

Samples: Cidco Inc

ALTERATIONS AND ADDITIONS. LESSEE Lessee shall have the rightnot make, from time or suffer to timebe made, without LESSOR’s consent, to make interior any alterations, improvements and/or improvements, or additions in and in, on, or about, or to the Premises that will have no effect on the roofor any part thereof, foundation or other structural elements of the Premises (the “Building Structure”) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the without prior written consent of LESSORLessor and without a valid building permit issued by the appropriate governmental authority. Lessor retains, which consent shall not be unreasonably withheldat his sole option, conditionedthe right to retain a General Contractor of his own choosing to perform all repairs, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, or additions in, on, about, or to said Premises or any part thereof. As a condition to giving such consent, Lessor may require that Lessee agree to remove any such alterations, improvements, or additions at the termination of this Lease, and additions to restore the Premises to their prior condition. Any alteration, addition, or improvement to the Premises Premises, shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR Lessor upon installation, and shall remain for upon and be surrendered with the benefit of LESSOR Premises at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during Lessor can elect, however, within thirty (30) days before expiration of the Term shall at LESSEE’s election be removed at the expiration term or within five (5) days after termination of this Lease the term, to require Lessee to remove any alterations, additions, or improvements that Lessee has made to the Premises. If Lessor so elects, Lessee shall remain at restore the Premises to the condition designated by Lessor in its election, before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. Alterations and additions which are not to be deemed as trade fixtures include heating, lighting, electrical systems, air conditioning, partitioning, electrical signs, carpeting, or any other installation which has become an integral part of the Premises. In the event of that Lessor consents to Lessee's making such any alterations, improvements, and/or additions as herein providedor additions, LESSEE Lessee shall indemnify and save harmless LESSOR from any and all expensesbe responsible for the timely posting of notices of non- responsibility on Lessor's behalf, liens, claims, or damages to either persons or Premises arising out of, or resulting from which shall remain posted until completion of the undertaking or making of said alterations, additions, and or improvements. Lessee's failure to post notices of non- responsibility as required hereunder shall be a breach of this Lease. Notwithstanding anything to the contrary set forth herein, LESSEE if, during the term hereof, any alteration, addition, or change of any sort through all or any portion of the Premises or of the building of which the Premises form a part, is required by law, regulation, ordinance, or order of any public agency then if such legal requirement is not imposed because of Lessee's specific use of the Premises and is not "triggered" by Lessee's alterations or Lessee's application for a building permit or any other governmental approval (in which instance Lessee shall have be responsible for 100% of the rightcost of such improvement), without LESSOR’s consent or approvalLessor shall be responsible for constructing such improvement and Lessee shall be responsible for its proportional share of the cost for said improvement, to make non-structural alterations amortized over the useful life of less than $50,000 in such improvement that coincides with the remaining Lease term including any instanceextensions.

Appears in 1 contract

Samples: Lease (Segue Software Inc)

ALTERATIONS AND ADDITIONS. LESSEE Other than the initial interior improvements made by the Tenant to the Premises ("Tenant Improvements") as generally shown on the attached Exhibit "B", which Tenant shall have not be required to remove, Tenant shall not make, or suffer to be made, any alteration or addition to the rightsaid Premises ("Alterations"), from time to timeor any part thereof, without LESSOR’s (i) the written consent of Landlord first had and obtained, and (ii) delivering to Landlord the proposed architectural and structural plans for all such Alterations. After having obtained Landlord's consent (if required), Tenant agrees that it shall not proceed to make such Alterations until (i) Tenant has obtained all required governmental approvals and permits, and (ii) Tenant has provided Landlord reasonable security, in form reasonably approved by Landlord, to protect Landlord against mechanics' lien claims. Tenant further agrees to provide Landlord (i) written notice of the anticipated start date and actual start date of the work, and (ii) a complete set of half-size (15" X 21") vellum as-built drawings. All Alterations shall be construed in compliance with applicable buildings codes and laws. Any Alterations, except movable furniture and trade fixtures, shall become at once a part of the realty and belong to Landlord, but shall nevertheless be subject to removal by Tenant as provided in paragraph 8 above. Alterations which are not to be deemed as trade fixtures shall include heating, lighting, electrical systems, air conditioning, partitioning, carpeting, or any other installation which has become an integral part of the Premises. All Alterations shall be maintained, replaced or repaired by Tenant at Tenant's sole cost and expense. Notwithstanding the foregoing, Tenant shall be entitled without obtaining Landlord's consent, to make interior alterations, improvements and/or additions in and any alteration or addition to the Premises that will have no effect on ("Alterations") which (i) does not affect the roof, foundation or other structural elements structure of the Premises Building, (the “Building Structure”ii) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make alterations, improvements and/or additions that affect the exterior cost does not exceed $15,000 per alteration nor an aggregate of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be $25,000 in accordance to plans and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed be deemed to have attached to the freehold and to have become the property of LESSOR and shall remain for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.any

Appears in 1 contract

Samples: Sublease Agreement (Trident Microsystems Inc)

ALTERATIONS AND ADDITIONS. LESSEE Subject to Lessor's approval of certain alterations, as described hereinafter, Lessee shall have the rightright Big 5, from Fontana, CA 2-12-96 (8) at any time to timemake (a) such additions, without LESSOR’s consent, to make interior alterations, improvements and/or additions in and changes or improvements, in, on or to the Demised Premises as Lessee may deem necessary or proper, provided, however, that will have (i) any and all such work shall fully comply with all codes and regulations and with other recorded requirements relating to the Demised Premises (such as CC&R's), (ii) except to the extent required of Lessee by any governmental authority, no effect work done by Lessee shall lessen the market value of the Demised Premises, and (iii) except to the extent required of Lessee by any governmental authority, no work done by Lessee shall diminish Lessor's ability to use and/or release the Demised Premises on the termination or expiration of this Lease. Lessee shall pay promptly for all such work done by it or upon its order. Lessee covenants and agrees to give Lessor written notice of any alteration which affects the roof, foundation or any other structural elements or components or the building systems, together with a copy of Lessee's plans and specifications prior to the commencement of work. Lessee shall also deliver to Lessor, upon completion of any such work, copies of any "as-built" plans obtained by Lessee in connection with such additions or alterations. Without limiting any of Lessee's other obligations with respect to alterations hereunder, in the event Lessee proposes alterations to the structure of the Premises improvements, or to any permanent building systems (the “Building Structure”such as plumbing and/or HVAC) and will have no adverse effect on the heating, ventilating, air-conditioning, plumbing, electrical, mechanical and other systems and equipment serving the Premises generally (the “Building Systems”). LESSEE may make Lessee shall obtain Lessor's prior written approval of such alterations, improvements and/or additions that affect the exterior of the Premises or may have a material adverse effect on the Building System only after first obtaining the prior written consent of LESSOR, which consent approval shall not be unreasonably withheld, conditioned, delayed or denied. All such approved additions, alterations or improvements shall be in accordance to plans withheld and specifications prepared by a duly qualified architect or engineer who shall submit such plans and specifications to LESSOR for written approval, not to be unreasonably withheld, conditioned, delayed or denied. All alterations, improvements, and additions to the Premises shall be made in accordance with all applicable laws and shall at once when made or installed will be deemed granted if not disapproved, with explanation, within two (2) weeks after submittal by Lessee to have attached to the freehold and to have become the property Lessor of LESSOR and shall remain plans for the benefit of LESSOR at the end of the Term or other earlier termination of this Lease. Any equipment installed by LESSEE during the Term shall at LESSEE’s election be removed at the expiration or termination of this Lease or shall remain at the Premises. In the event of making such alterations, improvements, and/or additions as herein provided, LESSEE shall indemnify and save harmless LESSOR from any and all expenses, liens, claims, or damages to either persons or Premises arising out of, or resulting from the undertaking or making of said alterations, additions, and improvements. Notwithstanding anything to the contrary set forth herein, LESSEE shall have the right, without LESSOR’s consent or approval, to make non-structural alterations of less than $50,000 in any instance.

Appears in 1 contract

Samples: Lease (Big 5 Sporting Goods Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.