Additional Lessee Improvements. Except as provided in Section 6.01 above, Lessee shall not make or allow to be made any material alterations or physical additions in or to the Leased Premises without complying with all local, state and federal ordinances, laws, statutes and without first obtaining the written consent of Lessor, which consent may not be unreasonably withheld. In any event, Lessee shall provide Lessor with a copy of the plans and specifications for any such alterations or improvements. Any alterations, physical additions or improvements to the Leased Premises (including Lessee Improvements) made by Lessor or Lessee become the property of Lessor and must be surrendered to Lessor upon the termination of this Lease without credit to Lessee. This clause does not apply to moveable equipment, trade fixtures, personal property or furniture owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default, if such equipment and furniture are not then subject to any other rights, liens and interest of Lessor and such removal can be accomplished without material damage to the Leased Premises and, if there shall exist any damage caused by such removal, such damage shall be repaired by Lessee. Upon completion of any such work by Lessee, Lessee shall provide Lessor with "as built plans", copies of all construction contracts and proof of payment for all labor and materials. Notwithstanding the above, Lessee shall be allowed, without prior approval of Lessor, to make $5,000.00 in non-structural alterations in any one calendar year, not to exceed an aggregate of $25,000.00 over the initial term of the Lease.
Appears in 3 contracts
Samples: Commercial Lease (Globalscape Inc), Commercial Lease (American Telesource International Inc), Commercial Lease (American Telesource International Inc)
Additional Lessee Improvements. Except as provided in Section 6.01 6.1 above, Lessee shall not make or allow to be made any material alterations or physical additions in or to the Leased Premises without complying with all local, state and federal ordinances, laws, statutes and without first obtaining the written consent of Lessor, which consent may not in the reasonable discretion of Lessor be unreasonably withhelddenied, based upon the criteria specified in Section 6.1. In any event, Lessee shall provide Lessor with a copy of the plans and specifications for any such alterations or improvements. Any alterations, physical additions or improvements to the Leased Premises (including Lessee Improvements) made by Lessor or Lessee become the property of Lessor and must be surrendered to Lessor upon the termination of this Lease without credit to Lessee; provided, however, Lessor, at its option at the time of Lessee’s request, may require Lessee in writing to remove any physical additions and/or repair any alterations in order to restore the Leased Premises to the condition existing at the time Lessee took possession, all costs of removal and/or alterations to be borne by Lessee. Provided, however, that Lessee shall not be required to remove any Lessee Improvements and shall not be required to remove any subsequent improvements unless Lessor requires their removal in writing at the time of Lessee’s request. This clause does not apply to moveable equipment, trade fixtures, personal property equipment or furniture owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default, if such equipment and furniture are not then subject to any other rights, liens and interest of Lessor and that may be subsequently granted to or squired by Lessor, if such removal can be accomplished without material damage to the Leased Premises and, if there shall exist any damage caused by such removal, such damage shall be repaired by Lessee. Upon completion of any such work by Lessee, Lessee shall provide Lessor with "“as built plans"”, copies of all construction contracts and proof of payment for all labor and materials. Lessee shall pay to Lessor a construction management fee equal to ten percent (10%) of the cost of any improvements constructed under this Section 6.2, if Lessor is responsible for the Lessee Improvements. One-half of such fee must be paid prior to commencement of such improvements and the balance upon completion thereof. Notwithstanding anything contained herein to the abovecontrary, Lessee shall be allowedmay assume responsibility for construction of the requested additional improvements, without prior approval of subject to Lessor, to make $5,000.00 in non-structural alterations in any one calendar year’s approval, not to exceed an aggregate of $25,000.00 over the initial term of the Leasebe unreasonably withheld.
Appears in 2 contracts
Samples: Sublease (Gevo, Inc.), Sublease (Gevo, Inc.)
Additional Lessee Improvements. Except as provided in Section 6.01 above, Lessee shall not make or allow to be made any material alterations or physical additions in or to the Leased Premises without complying with all local, state and federal ordinances, laws, statutes and without first obtaining the written consent of Lessor, which consent may not in the sole and absolute discretion of Lessor, be unreasonably withhelddenied. In any event, Lessee shall provide Lessor with a copy of the plans and specifications for any such alterations or improvements. Any alterations, physical additions or improvements to the Leased Premises (including Lessee Improvements) made by Lessor or Lessee become the property of Lessor and must be surrendered to Lessor upon the termination of this Lease without credit to Lessee; provided, however, Lessor, at its option, may require Lessee to remove any physical additions and/or repair any alterations in order to restore the Leased Premises to the condition existing at the time Lessee took possession, all costs of removal and/or alterations to be borne by Lessee provided that, Lessee shall not be required to remove any Lessee Improvements or any subsequent improvements if Lessor agrees at the time of approval thereof that they do not have to be so removed. This clause does not apply to moveable equipment, trade fixtures, personal property equipment or furniture owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default, if such equipment and furniture are not then subject to any other rights, liens and interest of Lessor and such removal can be accomplished without material damage to the Leased Premises and, if there shall exist any damage caused by such removal, such damage shall be repaired by Lessee. Upon completion of any such work by Lessee, Lessee shall provide Lessor with "“as built plans"”, copies of all construction contracts and proof of payment for all labor and materials. Notwithstanding the above, Lessee shall be allowed, without prior approval of Lessor, pay to make $5,000.00 in non-structural alterations in any one calendar year, not Lessor a construction management fee equal to exceed an aggregate of $25,000.00 over the initial term five percent (5%) of the Leasecost of any improvements constructed under this Section 6.02. One-half of such fee must be paid prior to commencement of such improvements and the balance upon completion thereof.
Appears in 2 contracts
Samples: Commercial Lease (Xtera Communications, Inc.), Commercial Lease (Xtera Communications, Inc.)
Additional Lessee Improvements. Except as provided in Section 6.01 6.02 above, Lessee shall not make or allow to be made any material alterations or physical additions in or to the Leased Premises without complying with all local, state and federal ordinances, laws, statutes and without first obtaining the written consent of Lessor, which consent may not in the sole and absolute discretion of Lessor, be unreasonably withhelddenied. In any event, Lessee shall provide Lessor with a copy of the plans and specifications for any such alterations or improvements. Any alterations, physical additions or improvements to the Leased Premises (including Lessee Improvements) made by Lessor or Lessee become the property of Lessor and must be surrendered to Lessor upon the termination of this Lease without credit to Lessee; provided, however, Lessor, at its option, may require Lessee to remove any physical additions and/or repair any alterations in order to restore the Leased Premises to the condition existing at the time Lessee took possession, all costs of removal and/or alterations to be borne by Lessee provided that, Lessee shall not be required to remove any Lessee Improvements or any subsequent improvements if Lessor agrees at the time of approval thereof that they do not have to be so removed. This clause does not apply to moveable equipment, trade fixtures, personal property equipment or furniture owned by Lessee, which may be removed by Lessee at the end of the term of this Lease if Lessee is not then in default, if such equipment and furniture are not then subject to any other rights, liens and interest of Lessor and such removal can be accomplished without material damage to the Leased Premises and, if there shall exist any damage caused by such removal, such damage shall be repaired by Lessee. Upon completion of any such work by Lessee, Lessee shall provide Lessor with "as built plans", copies of all construction contracts and proof of payment for all labor and materials. Notwithstanding To defer the abovecost to Lessor associated with Lessee Improvements constructed pursuant to Section 6.02 above or any improvements constructed under this Section 6.03, and confirming that such improvements are in accordance with the terms of this Lease and comply with all applicable codes and ordinances, Lessee shall be allowed, without prior approval of Lessor, pay to make $5,000.00 in non-structural alterations in any one calendar year, not Lessor a construction management fee equal to exceed an aggregate of $25,000.00 over the initial term ten percent (10%) of the Leasecost of such improvements. One-half of such fee must be paid prior to commencement of such improvements and the balance upon completion thereof.
Appears in 1 contract
Samples: Commercial Lease (American Caresouce Holdings, Inc.)