ADDITIONS, ALTERATIONS AND IMPROVEMENTS. Landlord shall not be obligated to make any additions, alterations, or improvements to the Leased Premises, Building, or Real Estate (“Capital Improvements”), except as specifically agreed in writing by and between Landlord and Tenant or as otherwise provided in this Lease. Tenant shall not make or allow to be made any Capital Improvements without first obtaining Landlord's prior written consent, which shall not be unreasonably withheld. Tenant hereby agrees that Landlord’s approval of Capital Improvements may be conditioned upon such Capital Improvements being made by a contractor approved by Landlord, not to be unreasonably withheld; Landlord’s lender’s reasonable approval and any requirements it may reasonably impose on any such approval; Landlord’s advance approval of all plans and specifications therefor, not to be unreasonably withheld; security for the proper payment and performance of such Capital Improvements, to the extent reasonable under the circumstances; and Landlord’s receipt of such other documentation, approvals, requirements, and consents as Landlord may reasonably require. Notwithstanding the foregoing, Tenant (without Landlord’s or Landlord’s lender’s consent) shall be entitled to make non-structural changes to the interior of the Leased Premises (i) that do not affect (1) the exterior appearance of the Building, (2) the Building systems (including, without limitation, the HVAC, sprinkler or life safety systems), and (3) the roof or any other structural component of the Building; and (ii) do not exceed $150,000 in any year; and (iii) so long as Tenant provides advance notice to Landlord and Tenant of such Capital Improvements and complies with the other requirements below. Upon completion of any Capital Improvements (regardless of whether consent is required or not), Tenant shall provide Landlord with written notice as to the completion thereof together with copies of all applicable permits and any “as-built” plans and specifications reasonably required with respect to the applicable Capital Improvements. All Capital Improvements (regardless of whether consent is required or not) will be performed in accordance with all applicable Laws and in a good and workmanlike manner with first-class materials, and Tenant will obtain all necessary permits therefor. Tenant will maintain (and will require its contractors performing work on behalf of the Tenant to maintain) insurance reasonably satisfactory to Landlord during the construction of any Capital Improvements. At the time Tenant requests approval of a Capital Improvements (or provides advance notice of any Capital Improvements not requiring consent), Tenant may request in writing that Landlord make the determination as to whether or not the Capital Improvements must be removed at the end of the Lease Term (which written request must make specific reference to such needed determination and this Section 7.03. If Landlord does not respond to the request to make the determination within thirty (30) days of its receipt of Tenant’s request, Landlord will be deemed to have made the determination that the Capital Improvements do not need to be removed by Tenant. If Tenant does not make a written request for such a determination by Landlord or if Landlord determines (in accordance with the foregoing) that a Capital Improvement must be removed at the end of the Term, then Tenant shall be required to remove any applicable Capital Improvements at the end of the Term. If Tenant is required to cause the removal of a Capital Improvements, Tenant will remove such Capital Improvements on or before the termination or expiration of this Lease and restore the Leases Premises to its condition prior to such Capital Improvements, normal wear and tear and acts of casualty and condemnation excepted. Except as otherwise provided in this Lease or to the extent Tenant elects or is required to remove any Capital Improvements prior to the expiration or earlier termination of this Lease, all Capital Improvements will otherwise become part of the Premises upon the expiration or earlier termination of the Lease without payment therefor by Landlord and will be surrendered to Landlord upon the expiration or earlier termination of this Lease. Tenant will repair any damage caused by the removal of such Capital Improvements upon surrender of the Leased Premises, normal wear and tear and acts of casualty and condemnation excepted. Tenant’s obligations under this Section 7.03 shall survive expiration or earlier termination of this Lease.
Appears in 3 contracts
Samples: Letter Agreement, Letter Agreement, Letter Agreement
ADDITIONS, ALTERATIONS AND IMPROVEMENTS. SECTION 8.01 TENANT'S RIGHT TO MAKE ADDITIONS, ALTERATIONS AND --------------------------------------------------------------- IMPROVEMENTS. ------------- Tenant may, at its own expense and after giving Landlord shall notice in writing of its intention to do so, from time to time during the Term, make alterations, additions and changes in and to the interior of the Premises (except those of a structural nature) as it may find necessary or convenient for its purposes, provided that the value of the Premises is not thereby diminished and Tenant complies with the terms and conditions of this Article, and provided, however, that no alterations, additions or changes costing in excess of Ten Thousand dollars ($10,000.00) may be obligated to make any made without first procuring the approval in writing of Landlord. Any and all additions, alterations, alterations and improvements made or improvements to the Leased Premises, Building, or Real Estate (“Capital Improvements”), except as specifically agreed in writing by and between Landlord and Tenant or as otherwise provided in this Lease. Tenant shall not make or allow caused to be made any Capital Improvements by Tenant, before or during the Term, shall be made in accordance with the following: (a) such work, including, without first obtaining limitation, Tenant's final working drawings, plans, specifications and choice of contractors, and suppliers shall be subject to the continuing approval of Landlord's prior written consent, which approval shall not be unreasonably withheldwithheld or delayed; (b) such work shall be done in conformity with a valid building permit when required, a copy of which shall be furnished to Landlord before the work is commenced, and any work not acceptable to the appropriate governmental entity or not reasonably satisfactory to Landlord shall be promptly replaced at Tenant's expense. Notwithstanding any failure by landlord to object to any such work, Landlord shall have no responsibility therefor; (c) such work shall not adversely affect the outside appearance and strength of the Premises or the mechanical, electrical and plumbing services and equipment thereof; (d) such work shall not alter, add to or otherwise change the exterior of the Premises; (e) such work shall not cause or create a dangerous or hazardous condition and shall not interfere with or disturb other tenants or occupants of the Center. Without limiting the generality of the foregoing, Tenant shall cause all such work to be performed in such a manner as not to obstruct the access to the premises of any other tenant in the Center; (f) such work shall be done in a good and workmanlike manner and in compliance with all applicable legal requirements and shall be diligently prosecuted to completion (Tenant agreeing to file, upon completion of such work, a notice of completion in the office of the County Recorder where the Center is located as permitted by law); (g) each of Tenant's contractors and subcontractors shall be bonded with sureties satisfactory to Landlord in an amount sufficient to ensure full performance of the work to be done by Tenant and to ensure full payment to all material men. Tenant hereby agrees that Landlord’s approval shall carry and shall cause each of Capital Improvements may be conditioned upon Tenant's contractors and subcontractors to carry such Capital Improvements being made by a contractor approved by Landlordworkers' compensation, not to be unreasonably withheld; Landlord’s lender’s reasonable approval general liability, personal and any requirements it may reasonably impose on any such approval; Landlord’s advance approval of all plans and specifications therefor, not to be unreasonably withheld; security for the proper payment and performance of such Capital Improvements, to the extent reasonable under the circumstances; and Landlord’s receipt of such other documentation, approvals, requirements, and consents property damage insurance as Landlord may reasonably require. Notwithstanding the foregoing, Tenant (without Landlord’s or Landlord’s lender’s consent) Such insurance shall be entitled adequate to make non-structural changes to the interior protect Landlord and shall name Landlord as an additional insured; (h) Tenant shall defend, indemnify and hold harmless landlord and its officers, directors, shareholders, employees and agents (all of the Leased Premises (iforegoing being hereinafter collectively referred to as the "indemnitees") that do not affect (1) the exterior appearance of the Buildingfrom and against any and all claims, (2) the Building systems actions, damages, liabilities and expenses (including, without limitation, the HVACattorneys' fees) directly or indirectly arising out of or incurred in connection with, sprinkler any and all claims, demands, suits, actions and proceedings which may be made or life safety systems), and (3) the roof or brought against any other structural component of the BuildingIndemnitees for or in relation to wages or cost of materials or equipment used in connection with additions, alterations and improvements made or caused to be made by Tenant; and (iii) do not exceed $150,000 in Landlord shall have the right at all reasonable times to post, and keep posted, on the Premises any year; and (iii) so long as Tenant provides advance notice to notices that may be provided by law which Landlord may deem necessary or advisable for the protection of Landlord and Tenant of such Capital Improvements and complies with the other requirements below. Upon completion of any Capital Improvements (regardless of whether consent is required or not), Tenant shall provide Landlord with written notice as to the completion thereof together with copies of all applicable permits and any “as-built” plans and specifications reasonably required with respect to the applicable Capital Improvements. All Capital Improvements (regardless of whether consent is required or not) will be performed in accordance with all applicable Laws and in a good and workmanlike manner with first-class materials, and Tenant will obtain all necessary permits therefor. Tenant will maintain (and will require its contractors performing work on behalf of the Tenant to maintain) insurance reasonably satisfactory to Landlord during the construction of any Capital Improvements. At the time Tenant requests approval of a Capital Improvements (or provides advance notice of any Capital Improvements not requiring consent), Tenant may request in writing that Landlord make the determination as to whether or not the Capital Improvements must be removed at the end of the Lease Term (which written request must make specific reference to such needed determination and this Section 7.03. If Landlord does not respond to the request to make the determination within thirty (30) days of its receipt of Tenant’s request, Landlord will be deemed to have made the determination that the Capital Improvements do not need to be removed by Tenant. If Tenant does not make a written request for such a determination by Landlord or if Landlord determines (in accordance with the foregoing) that a Capital Improvement must be removed at the end of the Term, then Tenant shall be required to remove any applicable Capital Improvements at the end of the Term. If Tenant is required to cause the removal of a Capital Improvements, Tenant will remove such Capital Improvements on or before the termination or expiration of this Lease and restore the Leases Premises to its condition prior to such Capital Improvements, normal wear and tear and acts of casualty and condemnation excepted. Except as otherwise provided in this Lease or to the extent Tenant elects or is required to remove any Capital Improvements prior to the expiration or earlier termination of this Lease, all Capital Improvements will otherwise become part of the Premises upon the expiration or earlier termination of the Lease without payment therefor by Landlord and will be surrendered to Landlord upon the expiration or earlier termination of this Lease. Tenant will repair any damage caused by the removal of such Capital Improvements upon surrender of the Leased Premises, normal wear and tear and acts of casualty and condemnation excepted. Tenant’s obligations under this Section 7.03 shall survive expiration or earlier termination of this LeaseCenter from mechanic's lien claims.
Appears in 1 contract
ADDITIONS, ALTERATIONS AND IMPROVEMENTS. Landlord shall not be obligated to make any additions, alterations, or improvements Except for Tenant's Leasehold Improvements installed pursuant to the Leased Premisesterms and conditions of Article II hereof, Building, or Real Estate (“Capital Improvements”), except as specifically agreed in writing by and between Landlord and Tenant or as otherwise provided in this Lease. Tenant shall not make or allow to be made any Capital Improvements alterations or physical additions in or to the Leased Premises without first obtaining Landlord's prior written consentthe express consent of Landlord (except for cosmetic changes the costs of which shall not exceed five thousand and no/100 dollars ($5,000.00) in any calendar year), which consent shall not be unreasonably withheld, conditioned or delayed. Tenant hereby agrees that Landlord’s approval of Capital Improvements may be conditioned upon such Capital Improvements being made by a contractor approved by Landlord, not to be unreasonably withheld; Landlord’s lender’s reasonable approval and any requirements it may reasonably impose on any such approval; Landlord’s shall provide advance approval of all plans and specifications therefor, not to be unreasonably withheld; security for the proper payment and performance of such Capital Improvements, to the extent reasonable under the circumstances; and Landlord’s receipt of such other documentation, approvals, requirements, and consents as Landlord may reasonably require. Notwithstanding the foregoing, Tenant (without Landlord’s or Landlord’s lender’s consent) shall be entitled to make non-structural changes to the interior of the Leased Premises (i) that do not affect (1) the exterior appearance of the Building, (2) the Building systems (including, without limitation, the HVAC, sprinkler or life safety systems), and (3) the roof or any other structural component of the Building; and (ii) do not exceed $150,000 in any year; and (iii) so long as Tenant provides advance written notice to Landlord and its property management company for any and all alterations, additions or improvements to be made to the Leased Premises. All contractors, mechanics or laborers used by Tenant of such Capital Improvements and complies with the other requirements below. Upon completion in performance of any Capital Improvements work (regardless of whether consent is required cosmetic changes excepted) shall be subject to Landlord's prior written approval. Any and all alterations, additions or not), improvements when made to the Leased Premises by Tenant shall provide Landlord with written notice as to at once become the completion thereof together with copies property of all applicable permits and any “as-built” plans and specifications reasonably required with respect to the applicable Capital Improvements. All Capital Improvements (regardless of whether consent is required or not) will be performed in accordance with all applicable Laws and in a good and workmanlike manner with first-class materials, and Tenant will obtain all necessary permits therefor. Tenant will maintain (and will require its contractors performing work on behalf of the Tenant to maintain) insurance reasonably satisfactory to Landlord during the construction of any Capital Improvements. At the time Tenant requests approval of a Capital Improvements (or provides advance notice of any Capital Improvements not requiring consent), Tenant may request in writing that Landlord make the determination as to whether or not the Capital Improvements must be removed at the end of the Lease Term (which written request must make specific reference to such needed determination and this Section 7.03. If Landlord does not respond to the request to make the determination within thirty (30) days of its receipt of Tenant’s request, Landlord will be deemed to have made the determination that the Capital Improvements do not need to be removed by Tenant. If Tenant does not make a written request for such a determination by Landlord or if Landlord determines (in accordance with the foregoing) that a Capital Improvement must be removed at the end of the Term, then Tenant shall be required to remove any applicable Capital Improvements at the end of the Term. If Tenant is required to cause the removal of a Capital Improvements, Tenant will remove such Capital Improvements on or before the termination or expiration of this Lease and restore the Leases Premises to its condition prior to such Capital Improvements, normal wear and tear and acts of casualty and condemnation excepted. Except as otherwise provided in this Lease or to the extent Tenant elects or is required to remove any Capital Improvements prior to the expiration or earlier termination of this Lease, all Capital Improvements will otherwise become part of the Premises upon the expiration or earlier termination of the Lease without payment therefor by Landlord and will shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise unless Landlord, elects at the time of Landlord's approval, to have them removed by Tenant, in which event the same shall be removed from the Leased Premises by Tenant prior to the expiration at Tenant's expense. Tenant shall promptly repair or pay for repairing any damage to the Building caused by the installation or removal of any such alterations, additions or improvements to the extent Tenant is required to remove such alterations, additions or improvements on or before expiration or earlier termination of this Lease. Notwithstanding the above, Landlord and Tenant will repair any damage caused agree that Tenant's Personal Property installed by the removal of such Capital Improvements upon surrender Tenant prior to or during its occupancy of the Leased Premises, normal wear Premises may be installed without Landlord's consent and tear and acts of casualty and condemnation excepted. Tenant’s obligations under this Section 7.03 shall survive expiration or earlier termination removed by Tenant at any time during the term of this Lease.
Appears in 1 contract
Samples: Office Lease (ExactTarget, Inc.)
ADDITIONS, ALTERATIONS AND IMPROVEMENTS. Landlord shall not be obligated to make any additions, alterations, or improvements to the Leased Premises, Building, or Real Estate (“Capital Improvements”), except as specifically agreed in writing by and between Landlord and Tenant or as otherwise provided in this Lease. Tenant The LESSEE shall not make or allow to be made introduce any Capital Improvements structural additions, improvements, or alterations (including electrical and plumbing works), on the Leased Premises without first obtaining Landlord's the prior written consentconsent of the LESSOR. The LESSEE shall submit to the LESSOR for approval LESSEE's plans for its proposed additions, which alterations and improvements at least Fourteen (14) calendar days prior to the intended start of the construction, and the LESSOR's consent shall not be unreasonably withheld; provided that, the LESSOR may prescribe or impose reasonable conditions for the approval including additional payments solely to cover an actual increase in real property taxes actually incurred by the LESSOR as a result of the addition, alteration or improvement. Tenant hereby agrees In such event, any such increase in rent shall last only for so long as the increase in real property taxes is actually incurred by the LESSOR as a result of the addition, alteration or improvement and shall be subject to proof thereof by the LESSOR. The LESSEE shall undertake the construction and maintenance of such additions, improvements, or alterations at its own expense. Only strong construction materials which are suitable for the purpose shall be used, and if any lumber, plywood and other similar wooden materials are intended for use these must have been treated and/or proven free from termites and other pests beforehand. The LESSEE shall secure the necessary permits and licenses for the construction. Upon the completion of the construction, the LESSEE shall surrender to the LESSOR the said permits and licenses, together with all "as built" plans. The LESSEE and its construction contractor shall be responsible for the costs of remedial works that Landlord’s approval of Capital Improvements may be conditioned required to rectify any damage that may result from such construction, and/or to cover the costs of clearing debris resulting from the works. All permanent and authorized improvements, alterations and additions upon the Leased Premises shall belong to the LESSOR upon the expiration of the term or termination of this Contract (or, in case this Contract is renewed, upon the expiration of such renewed term) without obligation on the part of the LESSOR to pay the LESSEE for the cost or value thereof. However, works which may be removed without damaging the Leased Premises shall remain properties of the LESSEE, which may be removed by the latter upon such Capital Improvements being made by a contractor approved by Landlordexpiration of the term or termination of this Contract; provided that, not to be unreasonably withheld; Landlord’s lender’s reasonable approval and any requirements it may reasonably impose on any such approval; Landlord’s advance approval of all plans and specifications therefor, not to be unreasonably withheld; security for the proper payment and performance of such Capital Improvements, to LESSEE must restore the extent reasonable under the circumstances; and Landlord’s receipt of such other documentation, approvals, requirements, and consents as Landlord may reasonably require. Notwithstanding the foregoing, Tenant (without Landlord’s or Landlord’s lender’s consent) shall be entitled to make non-structural changes to the interior portions of the Leased Premises (i) that do not affect (1) the exterior appearance of the Building, (2) the Building systems (including, without limitation, the HVAC, sprinkler or life safety systems), and (3) the roof or any other structural component of the Building; and (ii) do not exceed $150,000 in any year; and (iii) so long as Tenant provides advance notice to Landlord and Tenant of such Capital Improvements and complies with the other requirements below. Upon completion of any Capital Improvements (regardless of whether consent is required or not), Tenant shall provide Landlord with written notice as which these removable works may have been attached to the completion thereof together with copies of all applicable permits and any “as-built” plans and specifications reasonably required with respect to the applicable Capital Improvements. All Capital Improvements (regardless of whether consent is required or not) will be performed in accordance with all applicable Laws and in a good and workmanlike manner with first-class materials, and Tenant will obtain all necessary permits therefor. Tenant will maintain (and will require its contractors performing work on behalf of the Tenant to maintain) insurance reasonably satisfactory to Landlord during the construction of any Capital Improvements. At the time Tenant requests approval of a Capital Improvements (or provides advance notice of any Capital Improvements not requiring consent), Tenant may request in writing that Landlord make the determination as to whether or not the Capital Improvements must be removed at the end of the Lease Term (which written request must make specific reference to such needed determination and this Section 7.03. If Landlord does not respond to the request to make the determination within thirty (30) days of its receipt of Tenant’s request, Landlord will be deemed to have made the determination that the Capital Improvements do not need to be removed by Tenant. If Tenant does not make a written request for such a determination by Landlord or if Landlord determines (in accordance with the foregoing) that a Capital Improvement must be removed at the end of the Term, then Tenant shall be required to remove any applicable Capital Improvements at the end of the Term. If Tenant is required to cause the removal of a Capital Improvements, Tenant will remove such Capital Improvements on or before the termination or expiration of this Lease and restore the Leases Premises to its condition prior to such Capital Improvements, normal wear and tear and acts of casualty and condemnation excepted. Except as otherwise provided in this Lease or to the extent Tenant elects or is required to remove any Capital Improvements prior to the expiration or earlier termination of this Lease, all Capital Improvements will otherwise become part of the Premises upon the expiration or earlier termination of the Lease without payment therefor by Landlord and will be surrendered to Landlord upon the expiration or earlier termination of this Lease. Tenant will repair any damage caused by the removal of such Capital Improvements upon surrender of the Leased Premises, normal wear and tear and acts of casualty and condemnation excepted. Tenant’s obligations under this Section 7.03 shall survive expiration or earlier termination of this Leasetheir original condition.
Appears in 1 contract
ADDITIONS, ALTERATIONS AND IMPROVEMENTS. Except as provided for in the preparation of the Leased Premises provided for in Section 2.2 and Section 7.1, Landlord shall not be obligated to make any additions, alterations, or improvements to the Leased Premises, Building, or Real Estate (“Capital Improvements”), except as other than those specifically agreed to in writing by and between Landlord and Tenant or as otherwise provided in this LeaseTenant. Tenant shall not make or allow to be made any Capital Improvements additions, alterations, or improvements in or to the Leased Premises without first obtaining Landlord's ’s prior written consentconsent (except for cosmetic changes the costs of which shall not exceed five thousand and no/100 dollars ($5,000.00)), which consent shall not be unreasonably withheld, conditioned or delayed. Tenant hereby agrees that Landlord’s approval of Capital Improvements may be conditioned upon In the event any such Capital Improvements being made by a contractor additions, alterations or improvements are approved by Landlord, not the same shall be made by Landlord as the contracting party, or by someone under Landlord’s supervision and control, at the sole cost and expense of Tenant and at a cost to be unreasonably withheld; Landlord’s lender’s mutually agreed by Landlord and Tenant based upon a reasonable approval estimate provided by a third party contractor acceptable to Landlord and any requirements it may reasonably impose on Tenant. The total actual cost and expense of any such approval; Landlord’s advance approval of all plans and specifications thereforadditions, not to be unreasonably withheld; security for the proper payment and performance of such Capital Improvements, to the extent reasonable under the circumstances; and Landlord’s receipt of such other documentation, approvals, requirementsalterations, and consents as Landlord may reasonably require. Notwithstanding the foregoing, Tenant (without Landlord’s or Landlord’s lender’s consent) improvements shall be entitled paid by Tenant to make non-structural changes Landlord within ten (10) days after the completion thereof. Landlord shall provide Tenant with reasonable evidence to the interior support its request for payment upon rendition of a statement therefor. Any and all alterations, additions, or improvements to the Leased Premises (i) that do not affect (1) whether provided at the exterior appearance expense of Landlord or Tenant), with the exception of freestanding office furniture and equipment, shall at once become a part of the Building, (2) the Building systems (including, without limitation, the HVAC, sprinkler or life safety systems), and (3) the roof or any other structural component of the Building; and (ii) do not exceed $150,000 in any year; and (iii) so long unless removed by Tenant as Tenant provides advance notice to Landlord and Tenant of such Capital Improvements and complies with the other requirements provided below. Upon completion of any Capital Improvements (regardless of whether consent is required or not), Tenant shall provide Landlord with written notice as to the completion thereof together with copies of all applicable permits and any “as-built” plans and specifications reasonably required with respect to the applicable Capital Improvements. All Capital Improvements (regardless of whether consent is required or not) will be performed in accordance with all applicable Laws and in a good and workmanlike manner with first-class materials, and Tenant will obtain all necessary permits therefor. Tenant will maintain (and will require its contractors performing work on behalf of the Tenant to maintain) insurance reasonably satisfactory to Landlord during the construction of any Capital Improvements. At the time Tenant requests approval of a Capital Improvements (or provides advance notice of any Capital Improvements not requiring consent), Tenant may request in writing that Landlord make the determination as to whether or not the Capital Improvements must be removed at the end of the Lease Term (which written request must make specific reference to such needed determination and this Section 7.03. If Landlord does not respond to the request to make the determination within thirty (30) days of its receipt of Tenant’s request, Landlord will be deemed to have made the determination that the Capital Improvements do not need to be removed by Tenant. If Tenant does not make a written request for such a determination by Landlord or if Landlord determines (in accordance with the foregoing) that a Capital Improvement must be removed at the end of the Term, then Tenant shall be required to remove any applicable Capital Improvements at the end of the Term. If Tenant is required to cause the removal of a Capital Improvements, Tenant will remove such Capital Improvements on or before the termination or expiration of this Lease and restore the Leases Premises to its condition prior to such Capital Improvements, normal wear and tear and acts of casualty and condemnation excepted. Except as otherwise provided in this Lease or to the extent Tenant elects or is required to remove any Capital Improvements prior to the expiration or earlier termination of this Lease, by lapse of time or otherwise, all Capital Improvements will otherwise become part of additions, alterations and improvements to the Premises upon the expiration or earlier termination of the Lease without payment therefor by Landlord Leased Premises, except freestanding office furniture and will equipment, shall be surrendered to Landlord Landlord; provided, that Tenant shall be entitled to remove its fixtures except for Tenant Improvements upon the expiration or earlier termination of this Lease. Tenant will repair Lease so long as Tenant, at its expense, repairs any damage to the Leased Premises caused by such removal as provided in Section 7.4. From the Commencement Date of this Lease and following its termination, Tenant shall promptly repair or pay Landlord the cost of repairing any damage to the Leased Premises arising from the removal by Tenant of such Capital Improvements upon surrender of the Leased Premisesany additions, normal wear alternations and tear and acts of casualty and condemnation excepted. Tenant’s obligations under this Section 7.03 shall survive expiration or earlier termination of this Leaseimprovements.
Appears in 1 contract
Samples: Lease Agreement (ExactTarget, Inc.)
ADDITIONS, ALTERATIONS AND IMPROVEMENTS. Except as provided for in the preparation of the Leased Premises provided for in Section 2.2 and Section 7.1. Landlord shall not be obligated to make any additions, alterations, or improvements to the Leased Premises, Building, or Real Estate (“Capital Improvements”), except as other than those specifically agreed to in writing by and between Landlord and Tenant or as otherwise provided in this LeaseTenant. Tenant shall not make or allow to be made any Capital Improvements additions, alterations, or improvements in or to the Leased Premises without first obtaining Landlord's prior written consentconsent (except for cosmetic changes the costs of which shall not exceed five thousand and no/100 dollars ($5,000.00)), which consent shall not be unreasonably withheld, conditioned or delayed. Tenant hereby agrees that Landlord’s approval of Capital Improvements may be conditioned upon In the event any such Capital Improvements being made by a contractor additions, alterations or improvements are approved by Landlord, not the same shall be made by Landlord as the contracting party, or by someone under Landlord's supervision and control, at the sole cost and expense of Tenant and at a cost to be unreasonably withheld; Landlord’s lender’s mutually agreed by Landlord and Tenant based upon a reasonable approval estimate provided by a third party contractor acceptable to Landlord and any requirements it may reasonably impose on Tenant. The total actual cost and expense of any such approval; Landlord’s advance approval of all plans and specifications thereforadditions, not to be unreasonably withheld; security for the proper payment and performance of such Capital Improvements, to the extent reasonable under the circumstances; and Landlord’s receipt of such other documentation, approvals, requirementsalterations, and consents as Landlord may reasonably require. Notwithstanding the foregoing, Tenant (without Landlord’s or Landlord’s lender’s consent) improvements shall be entitled paid by Tenant to make non-structural changes Landlord within ten (10) days after the completion thereof. Landlord shall provide Tenant with reasonable evidence to the interior support its request for payment upon rendition of a statement therefor. Any and all alterations, additions, or improvements to the Leased Premises (i) that do not affect (1) whether provided at the exterior appearance expense of Landlord or Tenant), with the exception of freestanding office furniture and equipment, shall at once become a part of the Building, (2) the Building systems (including, without limitation, the HVAC, sprinkler or life safety systems), and (3) the roof or any other structural component of the Building; and (ii) do not exceed $150,000 in any year; and (iii) so long unless removed by Tenant as Tenant provides advance notice to Landlord and Tenant of such Capital Improvements and complies with the other requirements provided below. Upon completion of any Capital Improvements (regardless of whether consent is required or not), Tenant shall provide Landlord with written notice as to the completion thereof together with copies of all applicable permits and any “as-built” plans and specifications reasonably required with respect to the applicable Capital Improvements. All Capital Improvements (regardless of whether consent is required or not) will be performed in accordance with all applicable Laws and in a good and workmanlike manner with first-class materials, and Tenant will obtain all necessary permits therefor. Tenant will maintain (and will require its contractors performing work on behalf of the Tenant to maintain) insurance reasonably satisfactory to Landlord during the construction of any Capital Improvements. At the time Tenant requests approval of a Capital Improvements (or provides advance notice of any Capital Improvements not requiring consent), Tenant may request in writing that Landlord make the determination as to whether or not the Capital Improvements must be removed at the end of the Lease Term (which written request must make specific reference to such needed determination and this Section 7.03. If Landlord does not respond to the request to make the determination within thirty (30) days of its receipt of Tenant’s request, Landlord will be deemed to have made the determination that the Capital Improvements do not need to be removed by Tenant. If Tenant does not make a written request for such a determination by Landlord or if Landlord determines (in accordance with the foregoing) that a Capital Improvement must be removed at the end of the Term, then Tenant shall be required to remove any applicable Capital Improvements at the end of the Term. If Tenant is required to cause the removal of a Capital Improvements, Tenant will remove such Capital Improvements on or before the termination or expiration of this Lease and restore the Leases Premises to its condition prior to such Capital Improvements, normal wear and tear and acts of casualty and condemnation excepted. Except as otherwise provided in this Lease or to the extent Tenant elects or is required to remove any Capital Improvements prior to the expiration or earlier termination of this Lease, by lapse of time or otherwise, all Capital Improvements will otherwise become part of additions, alterations and improvements to the Premises upon the expiration or earlier termination of the Lease without payment therefor by Landlord Leased Premises, except freestanding office furniture and will equipment, shall be surrendered to Landlord Landlord; provided, that Tenant shall be entitled to remove its fixtures except for Tenant Improvements upon the expiration or earlier termination of this LeaseLease so long as Tenant, at its expense, repairs any damage to the Leased Premises caused by such removal as provided in Section 7.4. From the Commencement Date of this Lease and following its termination. Tenant will shall promptly repair or pay Landlord the cost of repairing any damage caused by to the Leased Premises arising from the removal by Tenant of such Capital Improvements upon surrender of the Leased Premisesany additions, normal wear alternations and tear and acts of casualty and condemnation excepted. Tenant’s obligations under this Section 7.03 shall survive expiration or earlier termination of this Leaseimprovements.
Appears in 1 contract
Samples: Lease Agreement (ExactTarget, Inc.)
ADDITIONS, ALTERATIONS AND IMPROVEMENTS. Landlord shall not be obligated to make any additions, alterations, or improvements Except for Tenant’s Leasehold Improvements installed pursuant to the Leased Premisesterms and conditions of Article II hereof, Building, or Real Estate (“Capital Improvements”), except as specifically agreed in writing by and between Landlord and Tenant or as otherwise provided in this Lease. Tenant shall not make or allow to be made any Capital Improvements alterations or physical additions in or to the Leased Premises without first obtaining Landlord's prior written consentthe express consent of Landlord (except for cosmetic changes the costs of which shall not exceed five thousand and no/100 dollars ($5,000.00) in any calendar year), which consent shall not be unreasonably withheld, conditioned or delayed. Tenant hereby agrees that Landlord’s approval of Capital Improvements may be conditioned upon such Capital Improvements being made by a contractor approved by Landlord, not to be unreasonably withheld; Landlord’s lender’s reasonable approval and any requirements it may reasonably impose on any such approval; Landlord’s shall provide advance approval of all plans and specifications therefor, not to be unreasonably withheld; security for the proper payment and performance of such Capital Improvements, to the extent reasonable under the circumstances; and Landlord’s receipt of such other documentation, approvals, requirements, and consents as Landlord may reasonably require. Notwithstanding the foregoing, Tenant (without Landlord’s or Landlord’s lender’s consent) shall be entitled to make non-structural changes to the interior of the Leased Premises (i) that do not affect (1) the exterior appearance of the Building, (2) the Building systems (including, without limitation, the HVAC, sprinkler or life safety systems), and (3) the roof or any other structural component of the Building; and (ii) do not exceed $150,000 in any year; and (iii) so long as Tenant provides advance written notice to Landlord and its property management company for any and all alterations, additions or improvements to be made to the Leased Premises. All contractors, mechanics or laborers used by Tenant of such Capital Improvements and complies with the other requirements below. Upon completion in performance of any Capital Improvements work (regardless of whether consent is required cosmetic changes excepted) shall be subject to Landlord’s prior written approval. Any and all alterations, additions or not), improvements when made to the Leased Premises by Tenant shall provide Landlord with written notice as to at once become the completion thereof together with copies property of all applicable permits and any “as-built” plans and specifications reasonably required with respect to the applicable Capital Improvements. All Capital Improvements (regardless of whether consent is required or not) will be performed in accordance with all applicable Laws and in a good and workmanlike manner with first-class materials, and Tenant will obtain all necessary permits therefor. Tenant will maintain (and will require its contractors performing work on behalf of the Tenant to maintain) insurance reasonably satisfactory to Landlord during the construction of any Capital Improvements. At the time Tenant requests approval of a Capital Improvements (or provides advance notice of any Capital Improvements not requiring consent), Tenant may request in writing that Landlord make the determination as to whether or not the Capital Improvements must be removed at the end of the Lease Term (which written request must make specific reference to such needed determination and this Section 7.03. If Landlord does not respond to the request to make the determination within thirty (30) days of its receipt of Tenant’s request, Landlord will be deemed to have made the determination that the Capital Improvements do not need to be removed by Tenant. If Tenant does not make a written request for such a determination by Landlord or if Landlord determines (in accordance with the foregoing) that a Capital Improvement must be removed at the end of the Term, then Tenant shall be required to remove any applicable Capital Improvements at the end of the Term. If Tenant is required to cause the removal of a Capital Improvements, Tenant will remove such Capital Improvements on or before the termination or expiration of this Lease and restore the Leases Premises to its condition prior to such Capital Improvements, normal wear and tear and acts of casualty and condemnation excepted. Except as otherwise provided in this Lease or to the extent Tenant elects or is required to remove any Capital Improvements prior to the expiration or earlier termination of this Lease, all Capital Improvements will otherwise become part of the Premises upon the expiration or earlier termination of the Lease without payment therefor by Landlord and will shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise unless Landlord, elects at the time of Landlord’s approval, to have them removed by Tenant, in which event the same shall be removed from the Leased Premises by Tenant prior to the expiration at Tenant’s expense. Tenant shall promptly repair or pay for repairing any damage to the Building caused by the installation or removal of any such alterations, additions or improvements to the extent Tenant is required to remove such alterations, additions or improvements on or before expiration or earlier termination of this Lease. Notwithstanding the above, Landlord and Tenant will repair any damage caused agree that Tenant’s Personal Property installed by the removal of such Capital Improvements upon surrender Tenant prior to or during its occupancy of the Leased Premises, normal wear Premises may be installed without Landlord’s consent and tear and acts of casualty and condemnation excepted. Tenant’s obligations under this Section 7.03 shall survive expiration or earlier termination removed by Tenant at any time during the term of this Lease.
Appears in 1 contract
Samples: Office Lease (ExactTarget, Inc.)
