Common use of Alteration of Premises Clause in Contracts

Alteration of Premises. Tenant shall not make or suffer to be made any alterations, additions, or improvements (collectively, “Alterations") to or of the Premises, or any part thereof, without first obtaining the written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. All Alterations shall comply with Law, the MxXxxxxxx Use Documents, the requirements of Landlord and not result in any cost to Landlord. Any Alterations requiring roof penetration shall be constructed by or supervised by Landlord’s roofer. Any Alterations to or of said Premises, excepting movable furniture and trade fixtures, shall on the expiration of the Term become a part of the realty and belong to Landlord, and shall be surrendered with the Premises. However, Landlord may provide written notice to Tenant prior to the construction of such Alteration whether Tenant will be required to remove such Alteration and restore the Premises to a specified condition upon the expiration of the Term. Upon Landlord’s written approval of the requested Alterations, Tenant shall secure all necessary permits, if applicable. Before commencement of any such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building or its facade. As a condition to its written consent, Landlord may request adequate assurance that all contractors who will perform such work have in force wxxxxxx’x compensation and such other employee and public liability insurance as Landlord deems necessary, and where the Alterations are material, Landlord may require Tenant or its contractors to post adequate completion and performance bonds. In the event Landlord consents, in writing, to the making of any Alterations to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, completed to the satisfaction of Landlord, and the contractor or person selected by Tenant to make the same must first be approved in writing by Landlord. If Tenant makes any Alterations to the Premises as provided in this Section, the Alterations shall not be commenced until ten (10) business days after Landlord has received written notice from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. Tenant shall reimburse Landlord for any expenses incurred by Landlord in connection with the Alterations made by Tenant, including any reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant, and the cost of updating the existing as-built plans of the Building to reflect the Alterations. Tenant shall indemnify, defend and hold the Landlord, the Building and the Premises free and harmless from any liability, loss, damage, cost, attorneys’ fees and other expenses incurred on account of such construction, or claims by any person performing work or furnishing materials or supplies for Tenant or any persons claiming under Tenant.

Appears in 1 contract

Samples: Lease Agreement (Global Secure Corp.)

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Alteration of Premises. A. The Tenant agrees that Tenant shall not make structurally alter, repair or suffer change the Premises without the prior written consent of the Landlord,. All structural alterations, improvements, and changes that may be requested by Tenant and approved by Landlord shall be done either by or under the direction of the Landlord, but at the expense of Tenant. Such alterations, improvements and changes shall remain a part of and be surrendered with the Premises unless, at the time Landlord approves such alterations, improvements, or changes, the Landlord directs that the Premises shall be restored to its original condition, which shall be accomplished prior to the expiration of this Lease at the expense of the Tenant. B. All other alterations, improvements and changes, including all fixtures and all paneling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by written notice to Tenant no later than 45 days prior to the date fixed as the termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the Premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such installation from the Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Premises to substantially the same condition existing prior to installation and repair any damage to the Premises or the Building due to such removal. All property permitted or required to be made removed by Tenant at the end of the term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's reasonable expense. Tenant shall, before making any alterations, additions, installations or improvements improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (collectivelyupon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, “Alterations") approvals and certificates to or of Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workman's compensation, general liability, personal and property daxxxx xxxxrance as Landlord may require. If any mechanic's lien is filed against the Premises, or any part thereof, without first obtaining the written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. All Alterations shall comply with Law, the MxXxxxxxx Use Documents, the requirements of Landlord and not result in any cost to Landlord. Any Alterations requiring roof penetration shall be constructed by or supervised by Landlord’s roofer. Any Alterations to or of said Premises, excepting movable furniture and trade fixtures, shall on the expiration of the Term become a part of the realty and belong to Landlord, and shall be surrendered with the Premises. However, Landlord may provide written notice to Tenant prior to the construction of such Alteration whether Tenant will be required to remove such Alteration and restore the Premises to a specified condition upon the expiration of the Term. Upon Landlord’s written approval of the requested Alterations, Tenant shall secure all necessary permits, if applicable. Before commencement of any such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building of which the same forms a part, for work claimed to have been done for, or its facade. As a condition materials furnished to, Tenant, whether or not done pursuant to its written consent, Landlord may request adequate assurance that all contractors who will perform such work have in force wxxxxxx’x compensation and such other employee and public liability insurance as Landlord deems necessary, and where the Alterations are material, Landlord may require Tenant or its contractors to post adequate completion and performance bonds. In the event Landlord consents, in writing, to the making of any Alterations to the Premises by Tenantthis Section, the same shall be made discharged by Tenant within twenty days thereafter, at Tenant’s sole cost and 's expense, completed to by filing the satisfaction of Landlord, and the contractor or person selected bond required by Tenant to make the same must first be approved in writing by Landlord. If Tenant makes any Alterations to the Premises as provided in this Section, the Alterations shall not be commenced until ten (10) business days after Landlord has received written notice from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. Tenant shall reimburse Landlord for any expenses incurred by Landlord in connection with the Alterations made by Tenant, including any reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant, and the cost of updating the existing as-built plans of the Building to reflect the Alterations. Tenant shall indemnify, defend and hold the Landlord, the Building and the Premises free and harmless from any liability, loss, damage, cost, attorneys’ fees and other expenses incurred on account of such construction, or claims by any person performing work or furnishing materials or supplies for Tenant or any persons claiming under Tenantlaw.

Appears in 1 contract

Samples: Asset Purchase Agreement (Almost Family Inc)

Alteration of Premises. Tenant shall not make (a) Any change, betterment or suffer improvement to be made any alterationsthe Premises, additions, including the interior or improvements (collectively, “Alterations") to or exterior of the Premises, the front, signs and/or utility lines or Building Systems (as defined in Article 2 of this Sublease) within or serving the Premises shall constitute an “Alteration." Any carpeting and floor coverings; and any part thereofequipment, furnishing, decoration, apparatus, or other thing of any kind attached to or built into the Premises shall constitute a “Fixture.” (b) Sublessee shall make no Alteration nor create any Fixture without first obtaining Sublessor and Landlord’s prior written consent. Sublessee shall remove promptly upon the Sublessor or Landlord’s written request any Alteration or Fixture made without Sublessor or Landlord’s prior written consent, except for those alternations agreed upon herein. (c) Any Alteration or Fixture made with Sublessor or Landlord’s prior written consent of Landlord, which Landlord may withhold in its sole and absolute discretion. All Alterations shall comply with Law, remain upon the MxXxxxxxx Use Documents, the requirements of Landlord and not result in any cost to Landlord. Any Alterations requiring roof penetration shall be constructed by or supervised by Landlord’s roofer. Any Alterations to or of said Premises, excepting movable furniture and trade fixtures, shall on the expiration of the Term become a part of the realty and belong to Landlord, and shall be surrendered with become the Premises. However, Landlord may provide Landlord’s property upon (i) termination or expiration of this Sublease and (ii) Landlord’s written notice to Tenant prior to the construction acceptance of such Alteration whether Tenant will be required to remove such Alteration and restore the Premises to a specified condition upon the expiration of the Term. Upon and, or Fixture. (d) With Sublessor or Landlord’s written approval of the requested Alterations, Tenant shall secure all necessary permits, if applicable. Before commencement of any such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building or its facade. As a condition to its prior written consent, Landlord Sublessee may request adequate assurance that all contractors who will perform temporarily remove any Fixture for repair or replace such work have in force wxxxxxx’x compensation and such other employee and public liability insurance as Landlord deems necessaryFixture with property of similar appearance, kind, and where value. The repaired or substituted Fixture shall be also the Alterations are materialproperty of Landlord. All such repairs and replacements shall be at Sublessee's expense. (e) Any equipment, Landlord may require Tenant furnishing, decoration, apparatus, or its contractors to post adequate completion and performance bonds. In the event Landlord consents, in writing, to the making other thing of any Alterations kind brought onto the Premises, but not attached to or built into the Premises, shall constitute “Furnishings and Equipment” or “F&E.” F&E, excluding those items listed in Exhibit 5, shall remain the property of Sublessee and Sublessee may remove F&E at any time provided Sublessee is not in default under this Sublease, and further provided that such removal does not cause, contribute to, or result in Sublessee’s default under this Sublease, and further provided that Sublessee shall, at Sublessee’s sole expense promptly repair any damage to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, completed to the satisfaction of Landlord, and the contractor or person selected by Tenant to make the same must first be approved in writing by Landlord. If Tenant makes any Alterations to the Premises as provided in this Section, the Alterations shall not be commenced until ten (10) business days after Landlord has received written notice resulting from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. Tenant shall reimburse Landlord for any expenses incurred by Landlord in connection with the Alterations made by Tenant, including any reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant, and the cost of updating the existing as-built plans of the Building to reflect the Alterations. Tenant shall indemnify, defend and hold the Landlord, the Building and the Premises free and harmless from any liability, loss, damage, cost, attorneys’ fees and other expenses incurred on account of such construction, or claims by any person performing work or furnishing materials or supplies for Tenant or any persons claiming under Tenantremoval.

Appears in 1 contract

Samples: Office Sublease (Sotherly Hotels Lp)

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Alteration of Premises. 8.01. So long as no default by Tenant under this Agreement exists, Tenant shall not have the right to, at any time during the Lease Term (as from the Commencement Date), make or suffer nonstructural alterations affixed to the Building costing up to an amount of US$50,000.00 dollars (fifty thousand U.S. Dollars 00/100) per year (for these purposes the first year shall be made any alterations, additions, or improvements (collectively, “Alterations") to or of counted as from the Premises, or any part thereofCommencement Date), without first obtaining the written consent of Landlord. Any other alterations to the Premises shall require the prior written consent of Landlord, which consent shall not be unreasonably withheld. Whenever alterations requested by Tenant have been made by Landlord may withhold at Landlord's cost and expense, the Base Monthly Rent under this Agreement shall be increased by the amount resulting from the application of the formula set forth in its sole and absolute discretionthe fifth paragraph of Section 1.03 (an example of this calculation is provided in paragraph V of EXHIBIT C). 8.02. No alterations of the Premises by Tenant (whether structural or non-structural) shall reduce the value or structural integrity of the Premises. All Alterations shall comply with Law, such alterations of the MxXxxxxxx Use Documents, the requirements of Landlord and not result in any cost to Landlord. Any Alterations requiring roof penetration Premises by Tenant shall be constructed at Tenant's own cost and expense and shall be accomplished in compliance with all applicable laws, regulations, and ordinances. Tenant shall be responsible to pay all obligations necessary to keep the Premises free from any mechanics' and materialmen's liens on account of alterations of the Premises by Tenant. 8.03. All machinery and equipment or supervised other tangible personal property of whatsoever nature installed at the Premises by Landlord’s roofer. Any Alterations Tenant during the Lease Term, (excluding property affixed or other type of property which removal may cause damage to or of said the Premises, excepting movable furniture and trade fixtures), shall on continue to be the property of Tenant and shall be removed by Tenant at the expiration of the Term become a part of the realty and belong to Landlord, and shall be surrendered with the Premises. However, Landlord may provide written notice to Tenant prior to the construction of such Alteration whether Tenant will be required to remove such Alteration and restore the Premises to a specified condition upon the expiration of the Lease Term. Upon Landlord’s written approval of the requested Alterations, Tenant shall secure all necessary permits, if applicable. Before commencement of any such Alterations, Tenant shall submit detailed specifications, floor plans and necessary permits (if applicable) to Landlord for review. In no event shall any Alterations affect the structure of the Building or its facade. As a condition to its written consent, Landlord may request adequate assurance that all contractors who will perform such work have in force wxxxxxx’x compensation and such other employee and public liability insurance as Landlord deems necessary, and where the Alterations are material, Landlord may require Tenant or its contractors to post adequate completion and performance bonds. In the event Landlord consents, in writing, to the making of any Alterations to the Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense, completed to the satisfaction of Landlord, and the contractor or person selected by Tenant to make the same must first be approved in writing by Landlord. If Tenant makes any Alterations to the Premises as provided in this Section, the Alterations shall not be commenced until ten (10) business days after Landlord has received written notice from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of nonresponsibility. Tenant shall reimburse Landlord for any expenses incurred by Landlord in connection with the Alterations made by Tenant, including any reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant, and the cost of updating the existing as-built plans of the Building to reflect the Alterations. Tenant shall indemnify, defend and hold the Landlord, the Building and the Premises free and harmless from any liability, loss, damage, cost, attorneys’ fees and other expenses incurred on account of such construction, or claims by any person performing work or furnishing materials or supplies for Tenant or any persons claiming under Tenant.

Appears in 1 contract

Samples: Lease Agreement (Smartflex Systems Inc)

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