Additional Alterations. Tenant shall be entitled to make alterations (“Minor Alterations”) without Landlord’s consent so long as such alterations do not violate any of the four conditions set forth below (in the definition of Major Alterations) and do not exceed a cost of $10,000 in any calendar year. Tenant shall not make or suffer to be made any additional alterations, additions or improvements, that exceed the dollar limitations set forth above or (i) materially affect the structure of the Building or its electrical, plumbing, HVAC or other systems, (ii) are visible from the exterior of the Premises, (iii) are not consistent with Tenant’s permitted use hereunder, or (iv) are not commonly considered typical for customary office use and/or and research and development use (“Major Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Failure of Landlord to give its disapproval within fifteen (15) calendar days after receipt of Tenant’s written request for approval shall constitute approval by Landlord. Any alterations (whether Major Alterations or Minor Alterations) in, on or to the Premises, except for Tenant’s movable furniture and equipment, shall be the property of Tenant during the Term and shall become Landlord’s property at the end of the Term without compensation to Tenant. All Minor Alterations shall be made by Tenant, at Tenant’s sole cost and expense, and, in the event Landlord consents to any Major Alterations, such Major Alterations shall be made by Tenant at Tenant’s sole expense, in accordance with plans and specifications reasonably approved by Landlord, and any contractor or person selected by Tenant to make the same must first be reasonably approved in writing by Landlord. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Major Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Major Alterations, Landlord shall advise Tenant at that time whether or not such Major Alterations must be removed upon the expiration or sooner termination of this Lease), and restore the Premises to its original condition as of the Commencement Date, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20 or (ii) pay Landlord the reasonable estimated cost thereof.
Appears in 2 contracts
Samples: Lease Agreement (Upwork Inc.), Lease Agreement (Upwork Inc.)
Additional Alterations. Tenant shall be entitled to make alterations (“Minor Alterations”) without Landlord’s consent so long as such alterations do not violate any of the four conditions set forth below (in the definition of Major Alterations) and do not exceed a cost of $10,000 in any calendar year. Tenant shall not make or of suffer to be made any additional alterations, additions or improvements, that exceed the dollar limitations set forth above or (i) materially affect the structure of the Building or its electrical, plumbing, HVAC or other systems, (ii) are visible from the exterior of the Premises, (iii) are not consistent with Tenant’s permitted use hereunder, or (iv) are not commonly considered typical for customary office use and/or and research and development use improvements (“Major Alterations”) in, on or to the Premises or any part thereof without the prior written consent of Landlord, which consent Landlord shall not be unreasonably withheld, conditioned or delayed. Failure of Landlord to give delay its disapproval within fifteen (15) calendar days after receipt processing of Tenant’s written request for approval such request. Tenant’s written request for consent shall constitute approval by Landlordcontain the following Language in bold print: “This request is made pursuant to Paragraph 6 of the Lease and requires a response within a reasonable time”. Any alterations (whether Major Alterations or Minor Alterations) in, on or to the Premises, except for Tenant’s movable furniture and equipment (including the telephone system, security system, demountable partitions, secretarial stations, cubicles, cabinets or shelving systems and kitchen equipment, except to the extent paid for with the Tenant Improvement Allowance or Additional Allowance), shall be the property of Tenant during the Term and shall become Landlord’s property at the end of the Term without compensation to Tenant. All Minor Landlord shall not unreasonably withhold its consent to Alterations that (i) do not materially affect the structure of the Building or its electrical, plumbing, HVAC, security or other systems, (ii) are not visible from the exterior of the Premises, (iii) are consistent with Tenant’s permitted use hereunder, and (iv) do not adversely affect the value or marketability of Landlord’s reversionary interest upon termination or expiration of this Lease. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant’s sole cost and expense, and, in the event Landlord consents to any Major Alterations, such Major Alterations shall be made by Tenant at Tenant’s sole expense, in accordance with plans and specifications reasonably approved by Landlord, and any contractor or person selected by Tenant to make the same must first be reasonably approved in writing by Landlord. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (ix) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Major Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Major Alterations, Landlord shall advise Tenant at that time whether or not such Major Alterations must be removed upon the expiration or sooner termination of this Lease), and restore the Premises to its original condition as of the Commencement Date, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20 or (iiy) pay Landlord the reasonable estimated cost thereof; provided, however, if Tenant wishes to proceed pursuant to clause (x) it may do so if it completes all such work prior to the expiration or termination of the Term. Notwithstanding the foregoing Tenant shall be permitted to make Alterations without Landlord’s prior written consent if all of the following conditions are met:
(A) The Alterations meet the conditions specified in clauses (i)-(iii) above;
(B) Tenant provides Landlord at least twenty (20) days prior written notice of the commencement of construction of such Alterations together with the plans and specifications for such Alterations;
(C) Such Alterations are constructed by Devcon Construction;
(D) Such Alterations are consistent with the floor plan of the floor of the Premises being altered; and
(E) The total cost of such Alterations when taken together with all Alterations constructed by Tenant in reliance upon this provision (allowing construction without Landlord’s prior written approval) over the prior 24 months, does not exceed $50,000.
Appears in 1 contract
Samples: Sublease (DemandTec, Inc.)
Additional Alterations. Tenant shall be entitled to make alterations (“Minor Alterations”) without Landlord’s consent so long as such alterations do not violate any of the four conditions set forth below (in the definition of Major Alterations) and do not exceed a cost of $10,000 5,000 in any calendar year. Tenant shall not make or suffer to be made any additional alterations, additions or improvements, that exceed the dollar limitations set forth above or (i) materially affect the structure of the Building or its electrical, plumbing, HVAC or other systems, (ii) are visible from the exterior of the Premises, (iii) are not consistent with Tenant’s permitted use hereunder, or (iv) are not commonly considered typical for customary office use and/or and research and development use (“Major Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Failure of Landlord to give its disapproval approval within fifteen (15) calendar days after receipt of Tenant’s written request for approval shall constitute approval disapproval by Landlord. Any alterations (whether Major Alterations or Minor Alterations) in, on or to the Premises, except for Tenant’s movable furniture and equipment, Premises shall be the property of Tenant during the Term and shall become Landlord’s property at the end of the Term without compensation to Tenant. All Minor Alterations shall be made by Tenant, at Tenant’s sole cost and expense, and, in the event Landlord consents to any Major Alterations, such Major Alterations shall be made by Tenant at Tenant’s sole expense, in accordance with plans and specifications reasonably approved by Landlord, and any contractor or person selected by Tenant to make the same must first be reasonably approved in writing by Landlord. Upon the expiration or sooner termination of the TermLease, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Major Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Major Alterations, Landlord shall advise Tenant at that time whether or not such Major Alterations must be removed upon the expiration or sooner termination of this Lease), and restore the Premises to its original condition as of the Commencement Date, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20 or (ii) pay Landlord the reasonable estimated cost thereof. Notwithstanding the foregoing, at the time Tenant requests approval for any proposed Major Alteration Tenant may request in writing that Landlord advise Tenant whether Landlord shall require the removal of such proposed Major Alteration (or any portion thereof) and restoration (payment of Landlord’s reasonable estimated cost thereof) as set forth in this Paragraph 6. Within fifteen (15) days after Landlord’s receipt of Tenant’s written request, Landlord shall advise Tenant in writing as to which portions, if any, of any proposed Major Alteration Landlord shall require to be removed and restored (or payment of the reasonable estimated cost of removal and restoration thereof made) as set forth in this Paragraph 6. If Landlord fails to respond to such a request within such fifteen (15) day period, Tenant may send Landlord a second written request, which written request shall state “LANDLORD’S FAILURE TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS SHALL ELIMINATE LANDLORD’S ABILITY TO REQUIRE THE REMOVAL OF CERTAIN MAJOR ALTERATIONS TO THE PREMISES”, and if Landlord fails to respond to such notice within such five (5) business day period, Landlord shall be deemed to have advised Tenant that no portions of such Major Alteration shall be required to be removed and restored at the end of the Term.
Appears in 1 contract
Samples: Lease Agreement (Audience Inc)
Additional Alterations. To the extent Tenant desires to construct any additional improvements within the Premises (“Additional Alterations”), any such Additional Alterations and the construction of the same shall be entitled subject to make alterations the terms and conditions of Article 11 of the Original Lease, this Section 5.b and Section 5.c, below. All Additional Alterations shall be completed (i) in compliance with any and all applicable rules, regulations, ordinances, codes and laws of any federal, state, county or municipal authority with jurisdiction over the Premises (including, without limitation, the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and regulations and guidelines promulgated thereunder, as all of the same may be amended and supplemented from time to time (collectively, the “Minor AlterationsADA”), as applicable to the Project or any portion thereof) without (collectively, “Applicable Laws”), and (ii) pursuant to a valid building permit issued by the applicable governmental authority with jurisdiction over the Premises (the “Governing Authority”). Landlord’s consent so long as such alterations do not violate to any proposed Additional Alterations or Landlord’s approval of the four conditions set forth below (in plans, specifications, and working drawings for such proposed Additional Alterations will create no responsibility or liability on the definition part of Major Landlord for the completeness, design, sufficiency or compliance with Applicable Laws. At such time as Tenant seeks Landlord’s consent to any Additional Alterations) and do not exceed a cost of $10,000 in any calendar year. , Tenant shall not make have the right to request whether Landlord will require the removal of the same upon the expiration or suffer earlier termination of the Lease. Provided Tenant makes such request, Landlord’s consent (if given) shall include Landlord’s written determination whether Landlord shall require such Additional Alterations to be made any additional alterations, additions or improvements, that exceed the dollar limitations set forth above or (i) materially affect the structure of the Building or its electrical, plumbing, HVAC or other systems, (ii) are visible from the exterior of the Premises, (iii) are not consistent with Tenant’s permitted use hereunder, or (iv) are not commonly considered typical for customary office use and/or and research and development use (“Major Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Failure of Landlord to give its disapproval within fifteen (15) calendar days after receipt of Tenant’s written request for approval shall constitute approval by Landlord. Any alterations (whether Major Alterations or Minor Alterations) in, on or to the Premises, except for Tenant’s movable furniture and equipment, shall be the property of Tenant during the Term and shall become Landlord’s property at the end of the Term without compensation to Tenant. All Minor Alterations shall be made removed by Tenant, at Tenant’s sole cost and expense, and, in upon the event Landlord consents to any Major Alterations, such Major expiration or earlier termination of the Lease. All Additional Alterations shall be made completed in a good and workmanlike manner by Tenant at Tenant’s sole expense, in accordance with plans and specifications licensed contractors reasonably approved by Landlord, and . Not less than fifteen (15) days prior to commencement of any contractor or person selected by Tenant to make the same must first be reasonably approved in writing by Landlord. Upon the expiration or sooner termination of the TermAdditional Alterations, Tenant shall upon demand notify Landlord in writing of the proposed commencement date of construction for the applicable Additional Alterations so that Landlord may post notices of non-responsibility at the Premises. All contractors providing services on behalf of Tenant shall maintain insurance with companies and in scope, form and amounts reasonably acceptable by Landlord, at which insurance shall name Landlord and Landlord’s election either (i) at Tenant’s sole cost and expenselender as additional insureds. Notwithstanding anything to the contrary contained in the Lease, forthwith and with all due diligence remove any Major proposed Additional Alterations made by or for affecting any components of the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Major Alterations, Landlord shall advise Tenant at that time whether or not such Major Alterations must be removed upon the expiration or sooner termination of this Lease), and restore HVAC system serving the Premises or the roof shall only be performed by Landlord’s designated subcontractors and Landlord’s consent to its original condition as any proposed Additional Alterations may be expressly conditioned on Tenant engaging such subcontractors to perform the above-described elements of the Commencement Date, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20 or (ii) pay Landlord the reasonable estimated cost thereofproposed Additional Alterations.
Appears in 1 contract
Samples: Lease (Wet Seal Inc)
Additional Alterations. Tenant shall be entitled to make alterations (“Minor Alterations”) without Landlord’s consent so long Except as such alterations do not violate any of the four conditions set forth below (provided in the definition of Major Alterations) and do not exceed a cost of $10,000 in any calendar year. paragraph 9.1 above, Tenant shall not make or suffer to be made any additional alterations, additions additions, improvements or improvementsutility installations (collectively and singularly referred to as "Work(s) of Improvement" in, that exceed on or about the dollar limitations set forth above or (i) materially affect the structure of the Building or its electrical, plumbing, HVAC or other systems, (ii) are visible from the exterior of the Premises, (iii) are not consistent with Tenant’s permitted use hereunder, or (iv) are not commonly considered typical for customary office use and/or and research and development use (“Major Alterations”) Premises without the prior written consent of Landlord, except for non-structural alterations, not exceeding Twenty Thousand Dollars ($20,000) in cost, which consent do not involve the exterior of the Premises. The Landlord shall not unreasonably withhold or delay the granting of consent to such Work of Improvements, and shall respond to a request for consent within five (5) business' days. The term "utility installations" as used herein shall be unreasonably withhelddefined the installation, conditioned addition, or delayedalteration of any utility connections or services including without limitation ducting, power panels, fixtures, switched, space heaters, and wiring. Failure If consent of Landlord to give its disapproval within fifteen (15) calendar days after receipt any proposed Work of Tenant’s written request for approval Improvement by Tenant shall constitute approval have been obtained. Tenant agrees to advise Landlord in writing in advance of the date upon which such Work of Improvement will commence in order to permit Landlord to post a timely notice of non-responsibility as set forth in Article 10 herein. Tenant shall submit to Landlord all plans and specifications with respect to any such Work of Improvement, including without limitation the names of all contractors performing such work. All Works of Improvement must be performed by Landlorda licensed Contractor, be done in a good and workmanlike manner and diligently prosecuted to completion. Upon completion of such work, Tenant shall file a Notice of Completion as permitted by law. Any alterations (whether Major Alterations or Minor Alterations) in, on or to the Premises, except for Tenant’s movable furniture and equipment, such Work of Improvement shall be performed and done strictly in accordance with the laws and ordinances relating thereto. Landlord shall have the right, but not the obligation to inspect the Work of Improvement. All Works of Improvement shall at the expiration or earlier termination of the Lease become the property of Tenant during the Term Landlord and shall become Landlord’s property at remain upon and be surrendered with the end of the Term without compensation to Tenant. All Minor Alterations shall be made by Tenant, at Tenant’s sole cost and expense, and, in the event Landlord consents to any Major Alterations, such Major Alterations shall be made by Tenant at Tenant’s sole expense, in accordance with plans and specifications reasonably approved by Landlord, and any contractor or person selected by Tenant to make the same must first be reasonably approved in writing by Landlord. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Major Alterations made by or for the account of Tenant, designated by Landlord to be removed (Premises; provided, however, that upon the written request personal property, business and trade fixtures, cabinet work, furniture, removable partitions, machinery and equipment (other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises) shall remain the property of Tenant prior to installation of such Major Alterations, Landlord shall advise and may be removed by Tenant at that any time whether or not such Major Alterations must be removed upon during the expiration or sooner termination term of this Lease), and restore the Premises to its original condition as of the Commencement Date, subject to normal wear and tear and the rights and obligations any restrictions on such removal which may be imposed by other provisions of Tenant concerning casualty damage pursuant to Paragraph 20 or (ii) pay Landlord the reasonable estimated cost thereofthis Lease.
Appears in 1 contract
Samples: Lease (Boystoys Com Inc)
Additional Alterations. Tenant shall be entitled to make alterations (“Minor Alterations”) without Landlord’s consent so long as such alterations do not violate any of the four conditions set forth below (in the definition of Major Alterations) and do not exceed a cost of $10,000 in any calendar year. Tenant shall not make or suffer to be made any additional alterations, additions or improvementsimprovements ("Alterations") in, that exceed on or to the dollar limitations set forth above Premises or (i) materially affect the structure of the Building or its electrical, plumbing, HVAC or other systems, (ii) are visible from the exterior of the Premises, (iii) are not consistent with Tenant’s permitted use hereunder, or (iv) are not commonly considered typical for customary office use and/or and research and development use (“Major Alterations”) any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Failure of Landlord to give its disapproval within fifteen (15) calendar days after receipt of Tenant’s 's written request for approval shall constitute approval by Landlord, unless Landlord shall make a reasonable request for additional information. Xxxxxx's written request shall include the following information, (a) 1/8' scale plans and engineering drawings noting the improvements, (b) specifications and finish schedule, (c) contractor information, (d) other information that Landlord may reasonably require. In the event Landlord disapproves of an alteration, addition or improvement which requires Landlord's consent hereunder, such disapproval shall be in writing and shall state Landlord's reasons therefor with reasonable specificity. Landlord shall not unreasonably withhold it approval to such request. Any alterations (whether Major Alterations or Minor Alterations) in, on or to the Premises, except for Tenant’s 's movable furniture and equipment, shall be the property of Tenant during the Term and shall become Landlord’s 's property at the end of the Term without compensation to Tenant. All Minor Landlord shall not unreasonably withhold its consent to Alterations that (i) do not materially and adversely affect the structure of the Building or its electrical, plumbing, HVAC, security or other systems, (ii) are not visible from the exterior of the Premises, and (iii) are consistent with Xxxxxx's permitted use hereunder and (iv) are of the same general character as the tenant improvements existing when the Premises were delivered to Tenant. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant’s 's sole cost and expense, and, in the event Landlord consents to any Major Alterations, such Major Alterations shall be made by Tenant at Tenant’s sole expense, in accordance with plans and specifications reasonably approved by Landlord, and any contractor or person selected by Tenant to make the same must first be reasonably approved in writing by Landlord or, at Landlord's option, the Alterations shall be made by Landlord (substantially in accordance with the terms of the Work Letter attached hereto to the extent applicable to such alterations) for Xxxxxx's account and Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord's overhead) within twenty (20) days after receipt of a statement from Landlord therefor. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s Xxxxxxxx's election either (i) at Tenant’s 's sole cost and expense, forthwith and with all due diligence remove any Major Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Major Alterations, Landlord shall advise Tenant at that time whether or not such Major Alterations must be removed upon the expiration or sooner termination of this Lease), and restore the Premises to its original condition as of the Commencement Date, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20 or (ii) pay Landlord the reasonable estimated cost thereof.
Appears in 1 contract
Samples: Lease Agreement (Ariba Inc)
Additional Alterations. Tenant shall be entitled to make alterations (“Minor Alterations”) without Landlord’s consent so long as such alterations do not violate any of the four conditions set forth below (in the definition of Major Alterations) and do not exceed a cost of $10,000 in any calendar year. Tenant shall not make or suffer to be made any additional alterations, additions or improvementsimprovements ("Alterations") in, that exceed on or to the dollar limitations set forth above Premises or (i) materially affect the structure of the Building or its electrical, plumbing, HVAC or other systems, (ii) are visible from the exterior of the Premises, (iii) are not consistent with Tenant’s permitted use hereunder, or (iv) are not commonly considered typical for customary office use and/or and research and development use (“Major Alterations”) any part thereof without the prior written consent of Landlord, which consent . Landlord shall not be unreasonably withheld, conditioned or delayed. Failure of Landlord to give delay its disapproval within fifteen (15) calendar days after receipt processing of Tenant’s 's written request for approval such request. Tenant's written request for consent shall constitute approval by Landlordcontain the following language in bold print: "THIS REQUEST IS MADE PURSUANT TO PARAGRAPH 6 OF THE LEASE AND REQUIRES A RESPONSE WITHIN A REASONABLE TIME". Any alterations (whether Major Alterations or Minor Alterations) in, on or to the Premises, except for Tenant’s 's movable furniture and equipment (including the telephone system, security system, demountable partitions, secretarial stations, cubicles, cabinets or shelving systems and kitchen equipment, except to the extent paid for with the Tenant Improvement Allowance or Additional Allowance), shall be the property of Tenant during the Term and shall become Landlord’s 's property at the end of the Term without compensation to Tenant. All Minor Landlord shall not unreasonably withhold its consent to Alterations that (i) do not materially affect the structure of the Building or its electrical, plumbing, HVAC, security or other systems, (ii) are not visible from the exterior of the Premises, (iii) are consistent with Tenant's permitted use hereunder, and (iv) do not adversely affect the value or marketability of Landlord's reversionary interest upon termination or expiration of this Lease. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant’s 's sole cost and expense, and, in the event Landlord consents to any Major Alterations, such Major Alterations shall be made by Tenant at Tenant’s sole expense, in accordance with plans and specifications reasonably approved by Landlord, and any contractor or person selected by Tenant to make the same must first be reasonably approved in writing by Landlord. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s 's election either (ix) at Tenant’s 's sole cost and expense, forthwith and with all due diligence remove any Major Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Major Alterations, Landlord shall advise Tenant at that time whether or not such Major Alterations must be removed upon the expiration or sooner termination of this Lease), and restore the Premises to its original condition as of the Commencement Date, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20 or (iiy) pay Landlord the reasonable estimated cost thereof; provide, however, if Tenant wishes to proceed pursuant to clause (x) it may do so if it completes all such work prior to the expiration or termination of the Term. Notwithstanding the foregoing Tenant shall be permitted to make Alterations without Landlord's prior written consent if all of the following conditions are met:
(A) The Alterations meet the conditions specified in clauses (i)-(iii) above;
(B) Tenant provides Landlord at least twenty (20) days prior written notice of the commencement of construction of such Alterations together with the plans and specifications for such Alterations;
(C) Such Alterations are constructed by Devcon Construction;
(D) Such Alterations are consistent with the floor plan of the floor of the Premises being altered; and
(E) The total cost of such Alterations when taken together with all Alterations constructed by Tenant in reliance upon this provision (allowing construction without Landlord's prior written approval) over the prior 24 months, does not exceed $50,000.
Appears in 1 contract
Samples: Sublease (Cosine Communications Inc)
Additional Alterations. Tenant shall be entitled to make alterations (“Minor Alterations”) without Landlord’s consent so long as such alterations do not violate any of the four conditions set forth below (in the definition of Major Alterations) and do not exceed a cost of $10,000 in any calendar year. Tenant shall not make or suffer to be made any additional alterations, additions or improvements, that exceed the dollar limitations set forth above or (i) materially affect the structure of the Building or its electrical, plumbing, HVAC or other systems, (ii) are visible from the exterior of the Premises, (iii) are not consistent with Tenant’s permitted use hereunder, or (iv) are not commonly considered typical for customary office use and/or and research and development use (“Major Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Failure of Landlord to give its disapproval approval within fifteen (15) calendar days after receipt of Tenant’s written request for approval shall constitute approval disapproval by Landlord. Any alterations (whether Major Alterations or Minor Alterations) in, on or to the Premises, except for Tenant’s movable furniture and equipment, Premises shall be the property of Tenant during the Term and shall become Landlord’s property at the end of the Term without compensation to Tenant. All Minor Alterations shall be made by Tenant, at Tenant’s sole cost and expense, and, in the event Landlord consents to any Major Alterations, such Major Alterations shall be made by Tenant at Tenant’s sole expense, in accordance with plans and specifications reasonably approved by Landlord, and any contractor or person selected by Tenant to make the same must first be reasonably approved in writing by Landlord. Upon the expiration or sooner termination of the TermLease, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Major Alterations (including, without limitation, Phase I Tenant’s Improvements, and Phase II Tenant’s Improvements) made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Major Alterations, Landlord shall advise Tenant at that time whether or not such Major Alterations must be removed upon the expiration or sooner termination of this Lease), and restore the Premises to its original condition as of the Commencement Date, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20 or (ii) pay Landlord the reasonable estimated cost thereof. Notwithstanding the foregoing, at the time Tenant requests approval for any proposed Major Alteration (including Phase I Tenant’s Improvements and Phase II Tenant’s Improvements) Tenant may request in writing that Landlord advise Tenant whether Landlord shall require the removal of such proposed Major Alteration (or any portion thereof) and restoration (payment of Landlord’s reasonable estimated cost thereof) as set forth in this Paragraph 6. Within fifteen (15) days after Landlord’s receipt of Tenant’s written request, Landlord shall advise Tenant in writing as to which portions, if any, of any proposed Major Alteration (including Phase I Tenant’s Improvements and Phase II Tenant’s Improvements) Landlord shall require to be removed and restored (or payment of the reasonable estimated cost of removal and restoration thereof made) as set forth in this Paragraph 6. If Landlord fails to respond to such a request within such fifteen (15) day period, Tenant may send Landlord a second written request, which written request shall state “LANDLORD’S FAILURE TO RESPOND TO THIS REQUEST WITHIN FIVE (5) BUSINESS DAYS SHALL ELIMINATE LANDLORD’S ABILITY TO REQUIRE THE REMOVAL OF CERTAIN MAJOR ALTERATIONS TO THE PREMISES”, and if Landlord fails to respond to such notice within such five (5) business day period, Landlord shall be deemed to have advised Tenant that no portions of such Major Alteration (including Phase I Tenant’s Improvements and Phase II Tenant’s Improvements) shall be required to be removed and restored at the end of the Term. Notwithstanding anything to the contrary set forth above, Landlord hereby agrees and acknowledges that none of the Phase I Tenant’s Improvements shown as of the date hereof with reasonable specificity on the Tenant Preliminary Plans attached to Exhibit B-1 as Schedule 2 thereto shall be required to be removed and restored at the end of the Term (or payment of the reasonable estimated cost or removal and restoration thereof made) as set forth in this Paragraph 6, except as follows: (A) removal of the two (2) sound booths on the first floor of the Premises and restoration; (B) removal of the two (2) sound xxxxxxxx on the first floor of the Premises (including repairing the grid) and restoration; (C) removal the two (2) ETSI rooms (or modifications made to existing rooms for such purposes) and restoration; and (D) removal of the work lab area on the second floor of the Premises (including removal of all new walls, and removal of vinyl composite tile) and restoration (including, replacement of carpet tiles).
Appears in 1 contract
Samples: Lease Agreement (Audience Inc)
Additional Alterations. (1) Tenant shall make no structural or mechanical alterations, installations, additions, or improvements in or to the Demised Premises costing in excess of $100,000.00. , including, but not limited to, water coolers, heating, air-conditioning or cooling systems, units or part thereof, or other apparatus of other or like nature, without Landlord’s prior written consent and then as to any such work required to be performed by professionals, only by contractors or mechanics approved in writing by Landlord. Landlord agrees not to unreasonably withhold its consent to such work and contractors or mechanics. All such work, alterations, installations, additions, or improvements shall be done at Tenant’s sole expense, and in full compliance with all laws, rules, regulations, and requirements of all governmental bureaus and bodies having jurisdiction thereof. Without limiting the foregoing, it is understood that Tenant shall be entitled permitted to make alterations (“Minor Alterations”) non-structural cosmetic and/or decorative improvements to the Demised Premises without Landlord’s the necessity for consent so long as by Landlord unless such alterations do not violate any of the four conditions set forth below (in the definition of Major Alterations) and do not exceed a cost of $10,000 in any calendar year. Tenant shall not make or suffer to be made any additional alterations, additions or improvements, that exceed the dollar limitations set forth above or (i) materially affect the structure of the Building or its electrical, plumbing, HVAC or other systems, (ii) cosmetic and/or decorative improvements are visible from the exterior of the Premises, (iii) are not consistent with Tenant’s Demised Premises in which case such cosmetic and/or decorative improvements shall be permitted use hereunder, or (iv) are not commonly considered typical for customary office use and/or upon notice to and research and development use (“Major Alterations”) without the prior written consent of Landlord, by Landlord which consent shall not be unreasonably withheld. Any alterations, conditioned decorations, installations, additions, or delayed. Failure of Landlord to give its disapproval within fifteen (15) calendar days after receipt improvements shall, at the election of Tenant’s written request for approval shall constitute approval by Landlord. Any alterations (whether Major Alterations or Minor Alterations) in, on or to the Premises, except for Tenant’s movable furniture and equipment, shall be become the property of Tenant during the Term Landlord and shall become Landlord’s property remain upon and be surrendered with the Demised Premises as a part thereof at the end of the Term without compensation Demised Term, or prior expiration thereof, shall be removed by Tenant. In the event Tenant shall elect to remove the alterations, installations, additions or improvements made by Tenant upon the Demised Premises, then such of the alterations, installations, additions or improvements made by Tenant upon the Demised Premises as Tenant may select (as well as any communications equipment or equipment leased by Tenant) shall be removed by Tenant, and Tenant shall restore the Demised Premises to their original condition (except with respect to those items which Tenant has elected to remain) at Tenant’s own cost and expense at or prior to the expiration of the Demised Term. In the case of either election, upon the termination of Tenant’s occupancy of the Demised Premises, Tenant shall have the obligation to turn over condition of the Building in a broom clean condition and the Building and the Demised Premises free from trash, litter, debris, and refuse. Notwithstanding anything to the contrary contained in this Article 5.3, Tenant’s installation of production or packaging equipment, or other Tenant equipment used in connection with its business operations at the Demised Premises shall not be deemed an Additional Alteration requiring Landlord’s approval, regardless of the cost.
(2) If any mechanic’s lien is filed against the Building and/or any other portion of the Demised Premises for work claimed to have been done for, or materials claimed to have been furnished to Tenant. All Minor Alterations , it shall be made discharged by TenantTenant within ten (10) days thereafter, at Tenant’s sole cost and expense, andby filing any bond required by law or payment or otherwise.
(3) Landlord shall not be liable for any failure of any Building facilities or services including, but not limited to, the heating, air-conditioning and ventilating equipment in the event Demised Premises installed by Landlord consents caused by alterations, installations, and/or additions by Tenant and Tenant shall correct any such faulty installation. Upon Tenant’s failure to any Major Alterationscorrect same, Landlord may make such Major Alterations correction and charge Tenant for the cost thereof. Such sums due Landlord shall be made deemed additional rent and shall be paid by Tenant promptly upon being billed therefor.
(4) Any of Tenant’s personal property which shall remain in the Demised Premises following the expiration of the Demised Term, or any earlier termination of this Lease and the removal of Tenant from the Demised Premises, may, at the option of Landlord, be deemed to have been abandoned and either may be retained by Landlord as its property or be disposed of at Tenant’s sole expense, or at Landlord’s option may be disposed of without accountability in accordance with plans and specifications reasonably approved by Landlordsuch manner as Landlord may see fit. In the event of Tenant’s failure to leave the Demised Premises in “broom clean” condition free from trash, litter, debris, and refuse, Landlord may cause the Demised Premises to be cleaned and the trash, litter, debris and refuse to be removed from the Demised Premises and any contractor or person selected other damage to the Demised Premises caused by Tenant’s removal of its property from the Demised Premises may be repaired at Tenant’s cost and expense and Tenant shall pay to make Landlord upon demand accompanied by a description of the same must first be reasonably approved in writing by Landlordclean-up work and invoices for the same, all such costs and expenses. Upon The provisions hereof shall survive the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Landlord’s election either (i) at Tenant’s sole cost and expense, forthwith and with all due diligence remove any Major Alterations made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that upon the written request of Tenant prior to installation of such Major Alterations, Landlord shall advise Tenant at that time whether or not such Major Alterations must be removed upon the expiration or sooner termination of this Lease), and restore the Premises to its original condition as of the Commencement Date, subject to normal wear and tear and the rights and obligations of Tenant concerning casualty damage pursuant to Paragraph 20 or (ii) pay Landlord the reasonable estimated cost thereof.
Appears in 1 contract
Samples: Lease Agreement (Green Mountain Coffee Roasters Inc)