Common use of Alterations, Additions, and Improvements Clause in Contracts

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.

Appears in 3 contracts

Samples: Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp), Triple Net Lease (GOOD TECHNOLOGY Corp)

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Alterations, Additions, and Improvements. No Lessee covenants and agrees with Lessor not to permit the Premises to be used for any purpose other than that stated in Section 5 hereof or make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Lessor in each such instance. Lessor's consent shall not be required for nonstructural alterations made by Lessee from time to time as necessary to adapt the Premises for the uses and business purposes permitted hereby, provided that such alterations do not affect any part of the Building other than the Premises, are not visible from outside the Building and do not adversely affect any service required to be furnished by Lessor to Lessee or to any other tenant or occupant of the Building. Lessee shall be responsible for any lien filed against the Premises or any portion of the Building for work claimed to have been done for, or materials claimed to have been furnished to Lessee. Any and all such alterations, physical additions, or improvements (“Alterations”) shall be improvements, when made to the Premises by Tenant without Lessee, shall be at Lessee's expense and shall at once become the prior written consent property of Landlord, which Lessor and shall not be unreasonably withheldsurrendered to Lessor upon termination of this Lease by lapse of time or otherwise; provided, however, that Tenantthis clause shall not apply to the movable fixtures, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetoffice equipment, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterationsother personal property owned by Lessee. Tenant shall notify Initials ___________ Landlord Initials___________ 4Section 17. Legal Use and Violations of Insurance Coverage. ----------- ----------------------------------------------- Lessee covenants and agrees with Lessor not to occupy or use, or permit any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement portion of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided thatbe occupied or used, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterationsbusiness or purpose which is unlawful, then Landlord shall make its election whether disreputable, or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations deemed to be made extra-hazardous on account of fire, or permit anything to be done which would in any way increase the Premises shall be designed by and made under the supervision rate of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installedfire, at the sole cost and expense of Tenantliability, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and or any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed insurance coverage on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofBuilding and/or its contents.

Appears in 3 contracts

Samples: Lease Agreement (IElement CORP), Lease Agreement (IElement CORP), Lease Agreement (IElement CORP)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural components or structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five exceed collectively One Hundred Thousand Dollars ($25,000.00100,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetperiod, and (f) are commonly considered consistent with and appropriate for the Permitted Usewithout Lessor's prior written consent. As a condition to Landlord’s Lessor's obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the terms expiration of Section 17.09 hereof; provided the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Tenant makes written Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request to Landlord concurrently with Tenant’s request and a copy of all plans and specifications for consent to any Alterations, then Landlord shall make its election the proposed Alteration whether or not to it will require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by LandlordLessor, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, and shall have been approved in writing by become the City property of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain ownership thereof)title to all furniture and trade fixtures placed on the Premises. All heating, all Alterations, including, without limitation, all lighting, electrical, heatingair conditioning, ventilation, air conditioning and full height partitioningpartitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Tenant, Lessee together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at Lessor upon the expiration expiration, or sooner termination of the Lease. Tenant , and shall retain title to all furniture and not be deemed trade fixtures placed on the Premisesfixtures. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee, Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “"as built" plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 3 contracts

Samples: Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc), Triple Net Building Lease (Broadvision Inc)

Alterations, Additions, and Improvements. No Subject to the provisions of this Article IV, Lessee may make any alterations, additions, improvements or improvements (“Alterations”) shall be made other changes to the Premises by Tenant without and the prior written consent of Landlord, which shall not Relevant Assets as may be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems necessary or equipment useful in connection with the operation of the Building or Relevant Assets (collectively, the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing“Additional Improvements”). If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereofAdditional Improvements require alterations, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration additions or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made improvements to the Premises or any of the Shared Access Facilities, Lessee shall be designed notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to the fees paid by and made Lessee under the supervision Site Services Agreement by Lessee or otherwise provide for reimbursement of a California licensed architect and/or California licensed structural engineer any material increase in cost (each of whom has been approved if any) to Lessor under the Site Services Agreement that results from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Additional Improvements, or as otherwise mutually agreed by Landlordthe parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessee and Lessor, to the Shared Access Facilities) and by Lessee shall be made in a good and workmanlike manner and in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, Laws. The Relevant Assets and in good and workmanlike manner, all Additional Improvements shall remain the property of Lessee and shall be removed by Lessee within one (1) year after termination of this Lease (provided that such can be removed by Lessee without unreasonable damage or harm to the Premises) or, at Lessee’s option exercisable by notice to Lessor, surrendered to Lessor upon the termination of this Lease. Lessee shall not have been approved in writing the right or power to create or permit any lien of any kind or character on the Premises by reason of repair or construction or other work. In the City of Sunnyvale and event any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of such lien is filed against the Premises, Lessee shall not cause such lien to be deemed trade fixtures and shall become the property of Landlord at the expiration discharged or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within bonded within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set the date of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account filing thereof.

Appears in 3 contracts

Samples: Lease Agreement (HollyFrontier Corp), Lease Agreement (Holly Energy Partners Lp), Lease Agreement (Holly Corp)

Alterations, Additions, and Improvements. No A. Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of LandlordLeased Premises, which shall not be unreasonably withheld; provided, however, that Tenant, Building or Property without Landlord’s 's prior written consent. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord for any alterations, but additions or improvements that Landlord approves. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this subparagraph of Section 5.5 upon not less than Landlord's written request. All alterations, addition and improvements will be accomplished in a good and workmanlike manner at Tenant's sole expense, in conformity with all applicable laws and regulations by a licensed and bonded contractor approved in advance by Landlord. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials. B. Tenant shall pay when due all claims for labor and materials furnished to the Leased Premises, Building or Property. Tenant shall give Landlord at least ten (10) Business Days days' prior written notice of the commencement of any work on the Leased Premises, Building or Property. The fee interest of Landlord in the Leased Premises, the Building and the Property shall not be subject to liens for improvements made by Tenant. Landlord and Tenant agree that Tenant will not have authority to create or suffer any lien for labor or materials on Landlord's interest in the Leased Premises, may make Alterations (including removal the Building or the Property, and rearrangement all contractors, subcontractors, materialmen, mechanics, laborers and others contracting with Tenant, and/or any subtenant of prior AlterationsTenant and/or any other occupant(s) which (a) do not affect of the Leased Premises, for the construction, installation, alteration or repair of any systems improvements to the Leased Premises are hereby charged with notice that they must look only to Tenant and to Tenant's interest in the Leased Premises to secure the payment of any charges for work done and/or materials furnished at the Leased Premises. Notwithstanding the foregoing, if, for whatever reason, any mechanic's or equipment other lien shall be filed against the Leased Premises or any other part of the Building or the ProjectProperty, (b) do not affect purporting to be for labor or material furnished or to be furnished at the structural integrity request of Tenant or any structural components of the Building or the Projectanyone claiming under Tenant, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. then Tenant shall notify Landlord at its expense cause such lien to be discharged of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereofrecord by payment, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenantbond or otherwise as allowed by law, within ten (10) days after the filing thereof. If Tenant executes a construction contract for shall fail to cause the lien to be discharged of record within such Alterationsten (10) day period, Tenant shall be in Default under this Lease and (without waiving such Default) Landlord, in addition to any other rights and remedies it may have under this Lease, may, but shall not be obligated to, cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and Tenant shall, within ten (10) days after request, reimburse Landlord for all amounts paid and incurred, including attorneys' fees and interest thereon at the rate of 18% per annum or such higher rate as a condition precedent to may be permitted by law, from the commencement respective dates of such AlterationsLandlord's payments. For adequate separate consideration received on the execution hereof, on request Tenant also shall pay to otherwise indemnify, protect, defend and hold harmless Landlord a construction management fee and its agents against any claim or damage resulting therefrom or in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided belowany way connected therewith. Landlord may require Tenant elect to remove record and post notices of non-responsibility on the Leased Premises, the Building or Property, with respect to any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofliens.

Appears in 2 contracts

Samples: Warehouse Space Lease Agreement (Excal Enterprises Inc), Warehouse Lease Agreement (Excal Enterprises Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not make or allow to be made any alterations, additions, additions or improvements (“Alterations”) shall be made in or to the Leased Premises by Tenant without first obtaining the prior written consent of Landlord, which shall . Xxxxxxxx’s consent will not be unreasonably withheld; providedwithheld or delayed with respect to proposed alterations, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) additions or improvements which (ai) comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with and do not adversely affect any systems or equipment of the Building or the Projectand its mechanical, telecommunication, electrical. HVAC and life safety systems; (biii) do will not affect the structural integrity or exterior portions of the Building; (iv) will not interfere with the use and occupancy of any structural components other portion of the Building by any other tenant, its employees or invitees; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the Project, (c) are not visible from the exterior generality of the Buildingforegoing, (d) do not require a building permitXxxxxxxx’s right of consent shall encompass plans and specifications for the proposed alterations, (e) do not involve additions or improvements, construction means and methods, the expenditure identity of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance contractor or Seventy Five Thousand Dollars ($75,000.00) in subcontractor to be employed on the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint work of alterations, additions or carpetimprovements, and (f) are commonly considered consistent the time for performance of such work. Tenant shall supply to Landlord any additional documents and information reasonably requested by Landlord in connection with and appropriate for the Permitted Use. As a condition to LandlordXxxxxx’s obligation to consider any request for consent hereunder. (b) Any consent given by Landlord under this Section 5.7 shall be deemed conditioned upon: (i) Tenant acquiring all applicable permits required by governmental authorities; (ii) Tenant furnishing to Landlord copies of such permits, Tenant hereby agrees to pay Landlord upon demand for together with copies of the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing approved plans and specifications specifications, prior to commencement of the work thereon; and for monitoring (iii) the construction compliance by Tenant with the conditions of any proposed Alterations. all applicable permits and approvals in a prompt and expeditious manner. (c) Tenant shall notify provide Landlord of any requested Alterations in writing. If Landlord does with not respond to such written request within less than fifteen (15) Business Days following receipt thereofdays prior written notice of commencement of the work so as to enable Landlord to post and record appropriate notices of non-responsibility. All alterations, the request additions and improvements permitted hereunder shall be deemed disapprovedmade and performed by Tenant without cost or expense to Landlord and in strict accordance with plans and specifications approved by Landlord. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay the contractors and suppliers all amounts due to them when due and keep the Leased Premises and the Project free from any and all mechanics’, materialmen’s and other liens and claims arising out of any work performed, materials furnished or obligations incurred by or for Tenant. Landlord may require, at its sole option, that Tenant provide to Landlord, at Tenant’s expense, a construction management fee lien and completion bond in an amount equal to one and one-half percent (1.5%) the total estimated cost of all costs of designany alterations, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration additions or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations improvements to be made in or to the Leased Premises, to protect Landlord against any liability for mechanics’, materialmen’s and other liens and claims, and to ensure timely completion of the work. In the event any alterations, additions or improvements to the Leased Premises are performed by Landlord hereunder, whether by prearrangement or otherwise, Landlord shall be designed by entitled to charge Tenant a fifteen percent (15%) administration fee in addition to the actual costs of labor and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) materials provided. Such costs and fees shall be made in accordance with plans deemed Additional Rent under this Lease, and specifications which have been furnished to may be charged and approved by Landlord in writing payable prior to commencement of the work. All Alterations . (d) Any and all alterations, additions or improvements made to the Leased Premises by Tenant shall become the property of Landlord upon installation and shall be constructed surrendered to Landlord without compensation to Tenant upon the termination of this Lease by lapse of time or otherwise unless (i) Landlord conditioned its approval of such alterations, additions or improvements on Tenant’s agreement to remove them, or (ii) if Tenant did not provide a Removal Determination Request (as defined below), Landlord notifies Tenant prior to (or promptly after) the Term Expiration Date that the alterations, additions and/or improvements must be removed, in which case Tenant shall, by the Term Expiration Date, remove such alterations, additions and installedimprovements, repair any damage resulting from such removal and restore the Leased Premises to their condition existing prior to the date of installation of such alterations, additions and improvements, ordinary wear and tear excepted. Prior to making any alterations, additions or improvements to the Leased Premises, Tenant may make a written request that Landlord determine in advance whether or not Tenant must remove such alterations, additions or improvements on or prior to the Term Expiration Date or any earlier termination of this Lease (‘‘Removal Determination Request”). Notwithstanding anything to the contrary set forth above, this clause shall not apply to movable equipment or furniture owned by Tenant. Tenant shall repair at the its sole cost and expense all damage caused to the Leased Premises and the Project by removal of Tenant’s movable equipment or furniture and such other alterations, additions and improvements as Tenant shall be required or allowed by California licensed contractors approved by LandlordLandlord to remove from the Leased Premises. (e) All alterations, additions and improvements permitted under this Section 5.7 shall be constructed diligently, in a good and workmanlike manner with new, good and sufficient materials and in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, ordinances, rules and regulations (including, without limitation, building codes and those related to accessibility and use by individuals with disabilities). Tenant shall, promptly upon completion of the work, furnish Landlord with “as built” drawings for any alterations, additions or improvements performed under this Section 5.7. (f) Notwithstanding anything in good this Lease to the contrary, Tenant shall construct all alterations, additions and workmanlike manner, improvements and shall have been perform all repairs and maintenance under this Lease (all contractors to be approved in writing in advance by Landlord or, at Xxxxxxxx’s option, designated by Landlord; without limiting the City generality of Sunnyvale the foregoing. Tenant specifically acknowledges and agrees that Landlord may require any contractors to be union members and may withhold approval of such contractors in the event the use of the same would, in Landlord’s reasonable judgment, violate the terms of any agreement between Landlord and any union providing work, labor or services at the Project or disturb labor harmony with the workforce or trades engaged in performing other work, labor or services at the Project) in conformance with any and all applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterationslaws, including, without limitation, pursuant to a valid building permit issued by the applicable municipality, in conformance with Landlord’s construction rules and regulations. (g) Tenant shall have the right to install a wireless intranet, internet, and communications network (also known as “Wi-Fi”) within the Leased Premises for the use of Tenant and its employees (the “Network”) subject to this subsection and all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part the other clauses of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Leasethis Lease as are applicable. Tenant shall retain title not solicit, suffer, or permit other tenants or occupants of the Building to all furniture and trade fixtures placed on use the Network or any other communications service, including, without limitation, any wired or wireless internet service that passes through, is transmitted through, or emanates from the Leased Premises. Within thirty Tenant agrees that Tenant’s communications equipment and the communications equipment of Tenant’s service providers located in or about the Leased Premises, including, without limitation, any antennas, switches, or other equipment (30collectively, “Tenant’s Communications Equipment”) days after completion shall be of a type and, if applicable, a frequency that will not cause radio frequency, electromagnetic, or other interference to any other party or any equipment of any Alterationsother party including, without limitation, Landlord, other tenants, or occupants of the Building or any other party. In the event that Xxxxxx’s Communications Equipment causes or is believed to cause any such interference, upon receipt of notice from Landlord of such interference. Tenant will take all steps necessary, at Xxxxxx’s sole cost and expense, to correct and eliminate the interference. If the interference is not eliminated within 24 hours (or a shorter period if Xxxxxxxx believes a shorter period to be appropriate) then, upon request from Landlord, Tenant shall provide Landlord shut down the Tenant’s Communications Equipment pending resolution of the interference, with (A) a complete set the exception of both hard copies intermittent testing upon prior notice to and CAD drawings with the approval of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofLandlord.

Appears in 2 contracts

Samples: Office Building Lease (Marqeta, Inc.), Office Building Lease (Marqeta, Inc.)

Alterations, Additions, and Improvements. No 12.1 Tenant shall not create any openings in the roof or exterior walls, nor make any structural alterations, additions, additions or improvements (“Alterations”) shall be made to the Premises by Tenant Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond have the right at all times to such written request within fifteen (15) Business Days following receipt thereoferect or install cabinets, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterationsshelves, then Tenantelectrical outlets, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilationmachinery, air conditioning or heating equipment and full height partitioningtrade fixtures and other equipment, drapery and carpeting installations provided Tenant complies with all Legal Requirements in connection therewith. 12.2 All alterations, additions or improvements made by Tenant, together with all property that has become an integral Tenant which are permanently attached to and made part of the Premises, shall not be deemed trade fixtures and Premises shall become the property of the Landlord at the expiration of the Lease term, except for signs, trade fixtures, furnishings, machinery and equipment used in Tenant's business and furnished by Tenant (collectively, "PERSONAL PROPERTY"), which Personal Property shall be removed by Tenant at the expiration or sooner earlier termination of the Lease. this Lease and Tenant shall retain title to all furniture and repair any damages caused by such removal. For Federal income tax purposes, Tenant's signs, trade fixtures placed on and furnishings are defined herein as equipment. Except as set forth above and provided Tenant has obtained Landlord's consent to perform alterations, if consent is required under the Premises. Within thirty (30) days after completion terms of any Alterationsthis Lease, Tenant shall provide Landlord have no obligation to remove any other alterations or improvements or to restore the Premises at the expiration or earlier termination of this Lease. 12.3 Tenant shall have the right to make interior alterations to the Premises of a non-structural nature without Landlord's consent provided Tenant shall comply with all Legal Requirements in connection therewith. 12.4 At Tenant's sole cost and expense, Tenant shall be permitted to construct an antenna or satellite dish on the roof of the Premises, provided that (Ai) a complete set of both hard copies and CAD drawings of “as built” plans Tenant secures any permits required by governmental authority for such Alterationsinstallation, (Bii) a statement such antenna or dish it does not impair the structural integrity of the roof and (iii) Tenant coordinates such installation with Landlord's roofing contractor to avoid violations of any roofing warranties. 12.5 Notwithstanding the ownership of the alterations, additions or improvements to the Premises, Tenant retains the right to depreciation deductions of all final costs of designsuch alterations, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofadditions or improvements made at Tenant's expense.

Appears in 2 contracts

Samples: Guaranty of Lease (Basic Us Reit Inc), Guaranty of Lease (Basic Us Reit Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”a) Tenant shall be made not make any alterations to the Premises by Tenant without the prior written Landlord’s consent of Landlord, which consent shall not be unreasonably withheld; provided, howeverconditioned or delayed. Notwithstanding anything set forth in this Section 6.05 to the contrary, that Tenant shall have the right, at Tenant, ’s expense and without any requirement of obtaining Landlord’s prior written consent, but upon to make such non-structural alterations, additions, modifications, renovations, improvements or installations, not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement exceed the amount of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Twenty-Five Thousand and no/100 Dollars ($25,000.00) per project (the “Non-Structural Alterations”) as may be necessary or desired by Tenant for Tenant’s use and operation of the Premises and using contractors of Tenant’s choice. (b) If Tenant makes any alterations to the Premises as provided in any given instance or Seventy Five Thousand Dollars this Paragraph, the alterations shall not be commenced until 10 days after Xxxxxxxx has received notice from Tenant stating the date the installation of the alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility. ($75,000.00c) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetAll alterations, additions, and (f) are commonly considered consistent improvements will be accomplished in a good and workmanlike manner and in conformity with all applicable laws and appropriate for regulations. Xxxxxxxx’s approval of the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunderplans, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and working drawings for monitoring Tenant’s structural alterations shall create no responsibility for liability on the part of Landlord for their completeness, design, sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Upon completion of the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterationsimprovements, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterationsplans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsconstruction contracts, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement and proof of final costs) less any amount previously paid to Landlord on account thereofpayment for all labor and materials.

Appears in 2 contracts

Samples: Lease (1847 Holdings LLC), Lease (1847 Holdings LLC)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor, which shall Lessor will not be unreasonably withheldwithhold, condition or delay; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance or structural integrity of Building 9, involve penetration of either the ceiling or any structural components floor of the Building or the Project, (c) are not visible from the exterior of the Building, (d) 9 and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five collectively exceed One Hundred Thousand Dollars ($25,000.00100,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except period, without Lessor’s prior written consent; provided, further, that no dollar limit Lessee gives Lessor prior notice of such alterations (which notice shall be applicable include the estimated value of such alterations) and such alterations are otherwise performed in accordance with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Useterms of this Lease. As a condition to LandlordLessor’s obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-out of pocket costs and expenses of consultants, engineers, architects and others (exclusive of property management personnel for reviewing plans and specifications and for monitoring the construction of any proposed Alterationsspecifications. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord : (i) Lessor shall make its election whether or not to require removal of such Alterationselection, if at all, at the time consent to such Alterations Alteration is given, if such election is requested in writing of Lessor at such time by Lessee, or if Lessor’s consent to such Alteration is not required, then Lessor shall make such election within 30 days following a written request of Lessor by Lessee, and (ii) in any event, at the end of the Lease Term or earlier termination of the Lease, Lessee shall remove from the Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (the “Removal Obligations Schedule”), and shall surrender to Lessor, and have no obligation to remove, the equipment listed as “Equipment Left In Place” on the Removal Obligations Schedule. Lessee shall furnish security or make other arrangement satisfactory to Lessor to assure payment for the completion of all Alterations work free and clear of liens. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by Landlord, Lessor in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner, and shall have been approved in writing by the Redwood City of Sunnyvale and any other applicable governmental agencies, if so required. Subject Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Except as is provided for in the Removal Obligations Schedule, subject to LandlordLessor’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall have Lessee retain ownership thereof)and remove same, all Alterationsany Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by TenantLessee, together with all property that has become an integral part of the PremisesPremises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures and shall become the property of Landlord Lessor at the expiration or sooner termination of the Lease, unless Lessor directs otherwise. Tenant Lessee shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 2 contracts

Samples: Triple Net Space Lease (PDL Biopharma, Inc.), Triple Net Space Lease (Biotech Spinco, Inc.)

Alterations, Additions, and Improvements. No alterations(a) Tenant shall not make any structural alternations, additions, additions or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided. In addition, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit such work shall be applicable with respect to paint or carpet, performed unless and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay until Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing shall have approved all plans and specifications and for monitoring the construction of any proposed Alterationstherefore. Tenant shall notify submit plans and specifications depicting its proposed, structural work to Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereoffor review and approval, the request which shall be deemed disapproved. If Landlord’s consent given unless Tenant is granted to any Alterations, then Tenant, advised otherwise within ten twenty (1020) days after Tenant executes a construction contract for the submission thereof. All such Alterationsstructural alterations, additions, and as a condition precedent improvements, if agreed to, shall be made in accordance with all applicable laws and regulations and shall remain for the benefit of Landlord after the Term, and Tenant shall not have any obligation to remove the same. Prior to the commencement of any such Alterationswork or the delivery of any materials, supplies or equipment to the Premises, all contractors shall pay to Landlord a construction management fee in an amount equal to one have duly and one-half percent (1.5%) of all costs of design, demolition, construction and installation effectively waived any right of such Alterations (contractor and its subcontractors to claim or file a mechanic’s or materialman’s lien against the Premises or any portion thereof or interest therein with respect to all work, materials, supplies and equipment at any time performed or supplied, to the Premises or any portion thereof, Tenant acknowledges and agrees that any approval which, Landlord Supervision Fee”)may give with respect to any work to be performed by or on behalf of the Tenant under this Paragraph or any other provision of this Lease, or with respect to any contractors or subcontractors to perform the amount of which Landlord Supervision Fee same, or with respect to any plans or specifications related thereto shall be (i) initially based upon reasonable estimates solely for Landlord’s own protection and shall not be construed to provide any warranty, representation or other assurance of such costsany kind as to the adequacy, (ii) subject quality or legality thereof or as to verification by Landlordany other matter whatsoever, and Tenant shall be solely responsible for such matters and shall indemnify, defend and hold Landlord harmless from and against all liability, damage, loss, claims, cost and expense (iiiincluding reasonable attorneys’ fees) further subject relating to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at work or other matters. (b) All alterations, additions or improvements shall be made in a proper and workmanlike manner and with the use of only first class materials. Tenant agrees to fully pay for same and to indemnify, defend and hold Landlord harmless from all expenses, liens, claims or damages (including reasonable attorneys’ fees) to persons or property arising there from or related thereto. (c) All alterations, additions, improvements and installations (except Tenant’s trade, fixtures and equipment which may be made to the Premises) shall, upon expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of TenantTerm, by California licensed contractors approved by Landlordlapse of time or otherwise, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at and remain upon and be surrendered with the expiration or sooner termination Premises. Notwithstanding the provisions of the Lease. Tenant shall retain title to all furniture this Paragraph 6.3, personal property, business and trade fixtures placed on and machinery, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises. Within thirty , shall remain the property of Tenant and may be removed by Tenant at any time during the Term hereof. (30d) days after completion Tenant agrees to repair any damage to the Premises caused by, or in connection with, the removal of any Alterationsarticles of personal property, business or trade fixtures, including, without limitation thereto, repairing the floor and patching the walls where reasonably required by Landlord, to Landlord’s reasonable satisfaction. (e) Tenant shall provide Landlord with (A) a complete set not permit any mechanics’ or materialmen’s liens to be filed against the fee of both hard copies and CAD drawings the Premises or against Landlord’s interest in the Premises by reason of “as built” plans for such Alterationswork, (B) a statement of all final costs of designlab of, demolitionservices or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises through or under Tenant, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal whether prior or subsequent to the actual Landlord Supervision Fee (based upon commencement of the statement Term. If any such mechanics’ or materialmen’s lien shall at any time be filed against the Premises as a result of final costs) less any amount previously paid alterations, additions, improvements, repairs or installations performed by or on behalf of Tenant, and Tenant shall fail to Landlord on account thereofremove the lien by satisfaction or bonding over within 30 days thereafter, it shall constitute a breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to the Premises or Common Areas by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, howeverconditioned or delayed. Landlord may impose, that Tenantas a condition of its consent to any and all Alterations or repairs of the Premises or about the Premises, such requirements as Landlord in its sole discretion may deem desirable, including the payment to Landlord of a construction management fee equal to two percent (2%) of the hard construction costs of constructing and installing the Alteration(s) in question (the “Landlord Supervision Fee”). The construction of the initial improvements to the Premises shall be governed by the terms of the Work Letter and not the terms of this Section 6.03. Notwithstanding the foregoing or anything to the contrary set forth herein, Tenant may, without Landlord’s prior written consentconsent or the payment of a Landlord Supervision Fee, but upon not less than ten (10) Business Days days’ prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the ProjectBuilding, (cb) are not visible from the exterior of the Building, (dc) do not require a building permit, and (ed) do not involve the expenditure of more than Twenty Five Fifty Thousand Dollars ($25,000.0050,000.00) in any given instance or Seventy Five One Hundred Thousand Dollars ($75,000.00100,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Useperiod. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects architects, attorneys and others for reviewing plans and specifications and for costs incurred to third parties in connection with monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to Notwithstanding the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlordforegoing, in compliance with the terms and conditions of no event shall Tenant be required to remove any Tenant Improvements (as defined in the Work Letter, including but not limited to ) from the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at Premises upon the expiration or sooner of earlier termination of this Lease unless those Alterations are Non-Standard Alterations. As used herein, the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of term as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.

Appears in 2 contracts

Samples: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)

Alterations, Additions, and Improvements. No Except for the Additional Tenant Improvements, Tenant shall not make any alterations, additionsadditions or improvements, structural or improvements otherwise (the “Alterations”) shall be made in or to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make . The plans and specifications for any approved Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition subject to Landlord’s obligation to consider any request for consent hereunderprior written approval and once approved, shall not be materially changed without the Landlord’s prior written consent. Tenant hereby agrees to pay shall provide Landlord upon demand for with a copy of the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and estimated construction costs for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of workcommencing construction. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlordmade promptly, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and a workmanlike manner, paid for by Tenant allowing no liens to attach either to the Premises or to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the Building. Landlord shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 provide such assurances as Landlord shall reasonably require (in which case Tenant shall retain ownership thereof)e.g., all Alterationsbonds, includingescrows, without limitation, all lighting, electrical, heating, ventilation, air conditioning etc.) to protect Landlord against unpaid work and full height partitioning, drapery to require that any work be performed only by duly licensed contractors and carpeting installations made subcontractors approved by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner Landlord. Upon a termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal unexpired construction warranties related to the actual Alterations, all of which shall be deemed assigned to Landlord. Unless otherwise noted in Landlord’s written approval of the Alteration, any Alteration shall remain and be surrendered with the Premises on expiration of the Lease. If Landlord’s approval of the Alteration provides that the Alteration is not to be surrendered, Tenant, at its sole cost, shall remove that Alteration which is not to remain and shall repair all damage to the Premises caused by that removal. This obligation shall survive a termination of the Lease. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for any ad valorem taxes or increase therein resulting from Alterations made by or at the direction of Tenant. The Landlord Supervision Fee consents/approvals required under Section 7 shall not be unreasonably withheld, conditioned or delayed. Provided it is not in default under this Lease and makes any repairs to the roof caused by the removal, upon termination of this Lease Tenant, at its sole expense, shall be permitted to remove those items identified as trade fixtures (based upon e.g., hoods, casework, and countertops) which are included in any Alterations. Tenant shall be permitted to remove the statement counters and hoods currently in the Premises (i.e., existing as of final coststhe Execution Date) less any amount previously paid and shall not be required to Landlord on account thereofrepair or replace such items at the end of the Term.

Appears in 2 contracts

Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)

Alterations, Additions, and Improvements. No alterations(a) Tenant shall not make any structural alternations, additions, additions or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided. In addition, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit such work shall be applicable with respect to paint or carpet, performed unless and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay until Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing shall have approved all plans and specifications and for monitoring the construction of any proposed Alterationstherefore. Tenant shall notify submit plans and specifications depicting its proposed, structural work to Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereoffor review and approval, the request which shall be deemed disapproved. If Landlord’s consent given unless Tenant is granted to any Alterations, then Tenant, advised otherwise within ten twenty (1020) days after Tenant executes a construction contract for the submission thereof. All such Alterationsstructural alterations, additions, and as a condition precedent improvements, if agreed to, shall be made in accordance with all applicable laws and regulations and shall remain for the benefit of Landlord after the Term, and Tenant shall not have any obligation to remove the same. Prior to the commencement of any such Alterationswork or the delivery of any materials, supplies or equipment to the Premises, all contractors shall pay to Landlord a construction management fee in an amount equal to one have duly and one-half percent (1.5%) of all costs of design, demolition, construction and installation effectively waived any right of such Alterations (contractor and its subcontractors to claim or file a mechanic’s or materialman’s lien against the Premises or any portion thereof or interest therein with respect to all work, materials, supplies and equipment at any time performed or supplied, to the Premises or any portion thereof. Tenant acknowledges and agrees that any approval which, Landlord Supervision Fee”)may give with respect to any work to be performed by or on behalf of the Tenant under this Paragraph or any other provision of this Lease, or with respect to any contractors or subcontractors to perform the amount of which Landlord Supervision Fee same, or with respect to any plans or specifications related thereto shall be (i) initially based upon reasonable estimates solely for Landlord’s own protection and shall not be construed to provide any warranty, representation or other assurance of such costsany kind as to the adequacy, (ii) subject quality or legality thereof or as to verification by Landlordany other matter whatsoever, and Tenant shall be solely responsible for such matters and shall indemnify, defend and hold Landlord harmless from and against all liability, damage, loss, claims, cost and expense (iiiincluding reasonable attorneys’ fees) further subject relating to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at work or other matters. (b) All alterations, additions or improvements shall be made in a proper and workmanlike maimer and with the use of only first class materials. Tenant agrees to fully pay for same and to indemnify, defend and hold Landlord harmless from all expenses, liens, claims or damages (including reasonable attorneys’ fees) to persons or property arising there from or related thereto. (c) All alterations, additions, improvements and installations (except Tenant’s trade, fixtures and equipment which may be made to the Premises) shall, upon expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of TenantTerm, by California licensed contractors approved by Landlordlapse of time or otherwise, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at and remain upon and be surrendered with the expiration or sooner termination Premises. Notwithstanding the provisions of the Lease. Tenant shall retain title to all furniture this Paragraph 6.3, personal property, business and trade fixtures placed on and machinery, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises. Within thirty , shall remain the property of Tenant and may be removed by Tenant at any time during the Term hereof. (30d) days after completion Tenant agrees to repair any damage to the Premises caused by, or in connection with, the removal of any Alterationsarticles of personal property, business or trade fixtures, including, without limitation thereto, repairing the floor and patching the walls where reasonably required by Landlord, to Landlord’s reasonable satisfaction. (e) Tenant shall provide Landlord with (A) a complete set not permit any mechanics’ or materialmen’s liens to be filed against the fee of both hard copies and CAD drawings the Premises or against Landlord’s interest in the Premises by reason of “as built” plans for such Alterationswork, (B) a statement of all final costs of designlab of, demolitionservices or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises through or under Tenant, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal whether prior or subsequent to the actual Landlord Supervision Fee (based upon commencement of the statement Term. If any such mechanics’ or materialmen’s lien shall at any time be filed against the Premises as a result of final costs) less any amount previously paid alterations, additions, improvements, repairs or installations performed by or on behalf of Tenant, and Tenant shall fail to Landlord on account thereofremove the lien by satisfaction or bonding over within 30 days thereafter, it shall constitute a breach of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (ExOne Co), Lease Agreement (Ex One Company, LLC)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural components or structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five exceed collectively One Hundred Thousand Dollars ($25,000.00100,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetperiod, and (f) are commonly considered consistent with and appropriate for the Permitted Usewithout Lessor’s prior written consent. As a condition to LandlordLessor’s obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to by written notice given on or before the terms earlier of Section 17.09 hereof; provided (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Tenant makes written request to Landlord concurrently with TenantLessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee’s request and a copy of all plans and specifications for consent to any Alterations, then Landlord shall make its election the proposed Alteration whether or not to it will require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by LandlordLessor, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, and shall have been approved in writing by become the City property of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain ownership thereof)title to all furniture and trade fixtures placed on the Premises. All heating, all Alterations, including, without limitation, all lighting, electrical, heatingair conditioning, ventilation, air conditioning and full height partitioningpartitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Tenant, Lessee together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at Lessor upon the expiration expiration, or sooner termination of the Lease. Tenant , and shall retain title to all furniture and not be deemed trade fixtures placed on the Premisesfixtures. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee, Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 2 contracts

Samples: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

Alterations, Additions, and Improvements. No Lessee shall not make any alterations, additions, additions or improvements (“Alterations”) shall be made on or to the Premises by Tenant premises without first obtaining the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld; provided, howeverexcept that Lessee may (without such notice, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10etc.) Business Days prior written notice to Landlordmake any non-structural alterations, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems additions or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent changes to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant premises reasonably related to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all AlterationsContemplated Uses, including, without limitation, all lightinginstalling and replacing signs, electricalredecorating, heatingmaking improvements that do not effect load-bearing walls, ventilationand reconfiguring non-load-bearing walls. Any work performed by Lessee shall be at Lessee’s expense, air conditioning and full height partitioningLesee shall use contractors or mechanics first approved by Lessor for any structural or building-system work, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, such approval shall not be deemed trade unreasonably withheld. All fixtures and shall all paneling, partitions, railing and like installations, installed in the premises at any time by Lessee shall, upon installation, become the property of Landlord at Lessor and shall remain upon and be surrendered with the expiration or sooner leased premises unless, as to any items installed after the date hereof, Lessor, by notice to lessee not later than twenty days prior to the date fixed as the termination of the Leaselease, elects to relinquish Lessor’s rights thereto and to have them removed by Lessee, in which event, the same shall be removed from the premises by Lessee on or before the expiration of the lease, at Lessee’s expense. Tenant Nothing contained in this provision shall retain title to prevent Lessee from removing all office furniture and machines, equipment, and trade fixtures placed on customarily used in the Premisesbusiness of the Lessee, and any other property and fixtures which are Acquired Assets (as defined in the Purchase Agreement). Within thirty (30) days after completion of any Alterations, Tenant Lessee agrees that all work performed under this article shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together be in compliance with all supporting documentation thereforapplicable laws, (C) copies including all applicable laws, regulations, and codes of all the city of Norwalk and any other governmental approvals, if any, received in conjunction entity with such Alterations and, (D) if jurisdiction over the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofpremises.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Trudy Corp), Asset Purchase Agreement (Trudy Corp)

Alterations, Additions, and Improvements. No Tenant shall not make any alterations, additions, additions or improvements (“Alterations”) shall be made to the Demised Premises by Tenant without the prior written consent of Landlord; provided however, that Tenant shall be entitled to make nonstructural nonmechanical alterations costing less than $10,000.00 without Landlord’s consent. If Landlord gives its consent, Landlord reserves the right to approve the Tenant’s selection of contractor for such alterations and Tenant will provide Landlord with such information as reasonably determined by Landlord to make an informed decision about said contractor. (a) Tenant, at any time and from time to time during the term, at its sole cost and expense, and provided Tenant has obtained any required consent from Landlord, which shall be in a timely manner and not be unreasonably withheld; , may make improvements, alterations, additions, installations, substitutions, betterments and decorations (collectively “Improvements”) in and to the Premises, provided, however, that Tenant, : (i) the Improvements will not result in a violation of any certificate of occupancy applicable to the Premises or to the Building Complex; (ii) the Improvements will not require a change in any certificate of occupancy applicable to the Premises or Building Complex without Landlord’s prior written consent, not to be unreasonably withheld; (iii) except with respect to permitted signage, the outside appearance of the Building Complex or any part thereof shall not be affected in any way, and such Improvements shall not adversely affect or weaken or impair (temporarily or permanently) the structure or lessen the value of the Premises or Building Complex, either during the making of such Improvements or upon their completion; (iv) there shall be no Improvements to the exterior, roof, foundation, structural, or affecting the mechanical, plumbing, electrical or HVAC systems of the Building Complex without the prior consent of the Landlord, not to be unreasonably withheld or delayed and which shall be deemed granted if Landlord has not objected thereto within five (5) business days after receipt of written request from Tenant; (v) in performing the work involved in making such Improvements, Tenant shall be bound by and observe all of the terms of this Lease and any applicable laws, regulations, or covenants affecting the Building Complex; and (vi) at all times during construction in the Premises, Tenant shall post in a conspicuous place and continuously maintain the posting of a notice of non-liability of Landlord for such work, in the form of Exhibit D attached hereto and incorporated herein by this reference. (vii) Tenant acknowledges the historical nature of the building and will not do anything, nor permit anything to be done by its contractors, employees, invitees, etc., that will adversely affect the building. It is understood that no drilling into bricks or timbers is permitted, without express written consent of Landlord. (b) Unless Tenant shall notify Landlord otherwise, all Improvements to the Premises, including, by way of illustration but not by limitation, all counters, screens, grilles, special cabinetry work, partitions, paneling, carpeting, drapes or other window coverings and light fixtures, shall be deemed a part of the real estate and the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof without molestation, disturbance or injury at the end of the Lease term, whether by lapse of time or otherwise, unless Landlord, by written notice to Tenant at the time improvements are approved, shall elect to have Tenant remove all or any of such alterations, improvements or additions at the end of the term (excluding non-movable walls, HVAC duct work and electrical improvements), and in such event, Tenant shall, at the end of the term, remove, at its sole cost and expense, such alterations, improvements and additions and restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. Any such removal, whether required or permitted by Landlord, shall be at Tenant’s sole cost and expense, and Tenant shall restore the Premises to the condition in which the Premises were prior to the making of the same, reasonable wear and tear excepted. All movable partitions, machines and equipment, telephone system, shelving or removable improvements which are installed in the Premises by or for Tenant, without expense to Landlord, and can be removed without structural damage to or defacement of the Building or the Premises, and all furniture, furnishings, telephone systems, shelving, removable improvements and other articles of personal property owned by Tenant and located in the Premises (all of which are herein called “Tenant’s Property”) shall be and remain the property of Tenant and may be removed by it at any time during the term of this Lease. However, if any of Tenant’s Property is removed, Tenant shall repair or pay the cost of repairing any damage to the Building or the Premises resulting from such removal. All additions or improvements which are to be surrendered with the Premises shall be surrendered with the Premises, as a part thereof, at the end of the term or the earlier termination of this Lease. (c) Prior to the commencement of any Improvements to the Premises or Building Complex costing $10,000.00 or more in any one instance, Tenant shall deliver to Landlord certificates issued by insurance companies qualified to do business in the State of Colorado evidencing that workmen’s compensation, public liability insurance and property damage insurance, all in amounts, with companies and on forms reasonably satisfactory to Landlord, are in force and maintained by all contractors and subcontractors engaged by Tenant to perform such work. All such policies shall name Landlord as an additional insured and shall provide that the same may not less than ten be canceled or modified without thirty (1030) Business Days days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, . (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, at its sole cost and as a condition precedent to the commencement of such Alterationsexpense, shall pay to Landlord a construction management fee cause any permitted Improvements in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore about the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, performed in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City requirements of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofinsurance bodies having jurisdiction.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Intelepeer Inc), Commercial Lease Agreement (Intelepeer Inc)

Alterations, Additions, and Improvements. No Tenant shall have the right to remodel and make any additions, alterations, additions, or improvements (“Alterations”) shall be made to the Leased Premises by up to an aggregate single remodel, addition, alteration or improvement of $10,000.00 without Landlord's consent. Tenant shall not remodel nor make any additions, alterations, or improvements to the Leased Premises over $10,000.00 as stated above or which change the exterior architectural structure or appearance of the building without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld; withheld or delayed. Tenant shall also have the right to install in the Leased Premises Tenant's equipment, trade-fixtures and other personal property as Tenant may deem advisable, provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment all of the Building or foregoing will be made without any expense to Landlord and Tenant will comply with all applicable laws with respect thereto. It is understood by the Projectparties hereto that for all purposes under this Lease, (b) do not affect the structural integrity or any structural components Landlord shall own all of the Building or land described on said Exhibit A, the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetbuilding, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunderother improvements, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration now or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be hereafter constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letterthereon, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lightingto, electrical, plumbing, heating, ventilation, ventilation and air conditioning systems and full height partitioningequipment installed by Landlord and attached to the building and all interior and exterior lighting fixtures. Notwithstanding the foregoing, drapery Tenant shall own all of Tenant's leasehold improvements, the restaurant equipment and carpeting installations made by Tenanttrade fixtures, together with and all property that has become an integral part interior and exterior signage, whether or not any of the Premisesforegoing appear to be permanently affixed to the Leased Premises (hereinafter collectively, "Tenant's Property"). Tenant is hereby expressly given the right, at any time during the term of this Lease, and upon the termination of this Lease, to remove the Tenant's Property provided, however, Tenant will make reasonable repairs to the Leased Premises for any physical injury caused thereto by such removal, but without any liability for diminution in value of the Leased Premises for any physical injury caused by the absence of the Tenant's Property so removed and without any necessity for replacing the same. In the event Tenant shall not be deemed trade fixtures and shall become fail to remove all of the property of Landlord at Tenant's Property upon the expiration or sooner termination of the Lease. , then Tenant, at Landlord's election, shall be deemed to have waived all right to any of Tenant's Property not so removed, in which event Landlord may retain the same as Landlord's property, or Tenant, upon written notice from Landlord to Tenant given on or before the termination of the term of the Lease, shall retain title to all furniture remove the same from the Leased Premises and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal make reasonable repairs to the actual Landlord Supervision Fee (based upon Leased Premises for any physical injury caused to the statement of final costs) less any amount previously paid to Landlord on account Leased Premises by the removal thereof.

Appears in 2 contracts

Samples: Lease (Founders Food & Firkins LTD /Mn), Lease (Founders Food & Firkins LTD /Mn)

Alterations, Additions, and Improvements. No alterations, additions, or a) Tenant shall not make any improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less to be unreasonably withheld, conditioned or delayed, except for non-structural alterations or improvements which are not visible from the outside of the Building and which do not exceed One Million Dollars ($1,000,000) in the aggregate annually. Landlord shall respond to any request for approval of alterations or improvements requiring Landlord’s consent not later than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement business days following receipt of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetrequest, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition if Landlord fails to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to within such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after business day period, then Tenant executes shall provide notice to Landlord of such failure and Landlord shall have a construction contract for such Alterations, and as a condition precedent second period of five (5) business day period to respond to the commencement of request. If Landlord fails to respond within such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent second five (1.5%5) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterationsbusiness day period, then Landlord shall make its election whether be deemed to have consented to the applicable alteration or improvement. A response by Landlord seeking clarification of Tenant’s request shall not be deemed a failure to require removal respond if delivered within the foregoing periods. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of such Alterations, if at all, at the time consent to such Alterations is giventhis Section 6.05(a) upon Landlord’s written request. All Alterations to be made to the Premises alterations, additions, and improvements shall be designed by and made under the supervision of done in a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing conformity with all Applicable Laws, lien free, by the City of Sunnyvale and any other applicable governmental agencies. Subject to a licensed contractor and, if Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in consent is required, approved by Landlord, which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, approval shall not be deemed trade fixtures and shall become the property of Landlord at the expiration unreasonably withheld, conditioned or sooner termination of the Leasedelayed. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after Upon completion of any Alterationsalterations, additions, or improvements by Tenant, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterationsplans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (Dconstruction contracts and proof of payment for all labor and materials. b) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal Tenant shall pay when due all claims for labor and material furnished to the actual Premises and keep the Premises free and clear of all liens and encumbrances for work contracted for by Tenant. In the event a lien is filed against the Premises, upon Tenant’s receipt of notice of any such lien, Tenant shall cause such lien to be released from the Premises within ten (10) business days of receipt of such notice. Tenant shall give Landlord Supervision Fee at least ten (based upon 10) business days’ prior written notice of the statement commencement of final costs) less any amount previously paid work on the Premises, regardless of whether Landlord’s consent to such work is required and Landlord may elect to record and post notices of non-responsibility on account thereofthe Premises.

Appears in 2 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural components or structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five exceed collectively Seventy-five Thousand Dollars ($25,000.0075,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetperiod, and (f) are commonly considered consistent with and appropriate for the Permitted Usewithout Lessor’s prior written consent. As a condition to LandlordLessor’s obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-pocket costs and expenses of third party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to by written notice given on or before the terms earlier of Section 17.09 hereof; provided (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Tenant makes written request to Landlord concurrently with TenantLessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee’s request and a copy of all plans and specifications for consent to any Alterations, then Landlord shall make its election the proposed Alteration whether or not to it will require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by LandlordLessor, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, and shall have been approved in writing by become the City property of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain ownership thereof)title to all furniture and trade fixtures placed on the Premises. All heating, all Alterations, including, without limitation, all lighting, electrical, heatingair conditioning, ventilation, air conditioning and full height partitioningpartitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Tenant, Lessee together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at Lessor upon the expiration expiration, or sooner termination of the Lease. Tenant , and shall retain title to all furniture and not be deemed trade fixtures placed on the Premisesfixtures. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee, Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 2 contracts

Samples: Sublease (Biotech Spinco, Inc.), Sublease (PDL Biopharma, Inc.)

Alterations, Additions, and Improvements. No Except for the Initial Improvements, Customer shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements (“Alterations”) shall be made in or to the Premises by Tenant or placement of any signs in the Premises which are visible from outside the Premises (collectively, “Customer Work”), without obtaining the prior written consent of LandlordService Provider which may be withheld in Service Provider’s sole discretion. Notwithstanding the foregoing, Service Provider will not unreasonably withhold its consent to Customer Work that: (i) is non-structural and does not adversely affect any Building Systems or improvements, (ii) is not visible from the exterior of the Premises, (iii) does not affect the exterior of the Building or any Common Areas, (iv) does not violate any provision of this Service Agreement, (v) does not violate any Laws, and (vi) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. Customer’s plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Service Provider’s prior written approval, which shall not be unreasonably withheld; provided. If requested by Service Provider, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice Customer shall execute a work letter for any such Customer Work reasonably acceptable to Landlord, Service Provider and Customer. Service Provider may make Alterations (including removal hire outside consultants to review such documents and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect information furnished to paint or carpetService Provider, and (f) are commonly considered consistent with and appropriate Customer shall reimburse Service Provider for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable actual out-of-pocket costs and expenses of consultantscost thereof, engineersincluding reasonable attorneys’ fees, architects and others for reviewing plans and specifications and for monitoring the construction upon demand. Neither review nor approval by Service Provider of any proposed Alterations. Tenant plans or specifications shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to constitute a representation or warranty by Service Provider that such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be documents either (i) initially based upon reasonable estimates of such costsare complete or suitable for their intended purpose, or (ii) subject comply with applicable Laws, it being expressly agreed by Customer that Service Provider assumes no responsibility or liability whatsoever to verification Customer or any other person or entity for such completeness, suitability or compliance. Customer shall furnish any documents and information reasonably requested by LandlordService Provider, including “as-built” drawings (both in paper and in electronic format acceptable to Service Provider) after completion of such Customer Work. Service Provider may impose such conditions on Customer Work as are reasonably appropriate, including without limitation, compliance with any construction rules adopted by Service Provider from time to time, insurance covering Service Provider against liabilities which may arise out of such work, plans and specifications, and (iii) further subject permits for such Customer Work. Any and all Customer Work shall become the property of Service Provider upon completion and shall be surrendered to adjustment as provided below. Landlord may require Tenant to remove Service Provider upon the termination or expiration of this Service Agreement for any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided thatreason, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at allunless Service Provider shall, at the time consent it grants its consent, require removal or restoration by Customer. Customer shall not allow any liens to be filed against the Premises or the Project in connection with any Customer Work. If any liens are filed, Customer shall cause the same to be released within five (5) days after Customer’s receipt of written notice of the filing of such Alterations is givenlien by bonding or other method acceptable to Service Provider. All Alterations to be made to the Premises Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. XXXXX 25 (or its equivalent) certificates of insurance evidencing such coverage shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished provided to and approved by Landlord in writing Service Provider prior to commencement of workany Customer Work. All Alterations Outside Contractors shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, perform all work in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in a good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together compliance with all property that has become an integral part of the Premises, Laws and all applicable Project Rules and Building construction rules. No Customer Work shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Leaseunreasonably disruptive to other tenants. Tenant shall retain title Prior to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after final completion of any AlterationsCustomer Work, Tenant Service Provider shall provide Landlord with (A) prepare and submit to Customer a punch list of items to be completed, and Customer shall diligently complete set of both hard copies and CAD drawings of “as built” plans for all such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofpunch list items.

Appears in 2 contracts

Samples: Service Agreement (Xenith Bankshares, Inc.), Service Agreement (Xenith Bankshares, Inc.)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do Property or which are visible from the outside of the Building without Landlord's prior written consent. Landlord's consent shall not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate required for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates non-structural alterations to the interior of such costs, the Building which do not exceed $50,000.00 in each instance; and (ii) subject to verification by Landlordpainting and other decorative alterations, installations and (iii) further subject to adjustment as provided belowmodifications of Tenant's materials storage and handling equipment and other trade fixtures. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to Landlord but in no event in excess of 105% of the contracted cost of the proposed alteration. Tenant shall promptly remove any such Alterations at the expiration alterations, additions, or sooner termination improvements constructed in violation of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of this Section 17.09 hereof; provided that, if Tenant makes 6.5(a) upon Landlord's written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is givenrequest. All Alterations to be made to the Premises alterations, additions, and improvements shall be designed by and made under the supervision of done in a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together conformity with all property that has become an integral part of the Premisesapplicable laws and regulations, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Leaseby a contractor reasonably approved by Landlord. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “"as built” plans for such Alterations" plans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, construction contracts (if any), received in conjunction with such Alterations and, (D) if the and proof of payment for all labor and materials. Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal shall not unreasonably withhold its consent to structural changes to the actual Building to accommodate Tenant's materials handling equipment provided such changes do not reduce the original clear height or column spacing of the Building or otherwise materially adversely affect the ordinary function of the Building as a warehouse. (b) Tenant shall pay when due all claims for labor and material furnished to the Property. Tenant shall give Landlord Supervision Fee at least twenty (based upon 20) days' prior written notice of the statement commencement of final costs) less any amount previously paid work on the Property, regardless of whether Landlord's consent to such work is required. Landlord may elect to record and post notices of non-responsibility on account thereofthe Property.

Appears in 2 contracts

Samples: Lease Agreement (Genesis Direct Inc), Lease Agreement (Genesis Direct Inc)

Alterations, Additions, and Improvements. No alterations, ------------------------------------------------------ additions, or improvements ("Alterations") shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural components or structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five exceed collectively One Hundred Thousand Dollars ($25,000.00100,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetperiod, and (f) are commonly considered consistent with and appropriate for the Permitted Usewithout Lessor's prior written consent. As a condition to Landlord’s Lessor's obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to by written notice given on or before the terms earlier of Section 17.09 hereof; provided (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Tenant makes written Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request to Landlord concurrently with Tenant’s request and a copy of all plans and specifications for consent to any Alterations, then Landlord shall make its election the proposed Alteration whether or not to it will require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by LandlordLessor, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, and shall have been approved in writing by become the City property of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain ownership thereof)title to all furniture and trade fixtures placed on the Premises. All heating, all Alterations, including, without limitation, all lighting, electrical, heatingair conditioning, ventilation, air conditioning and full height partitioningpartitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Tenant, Lessee together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at Lessor upon the expiration expiration, or sooner termination of the Lease. Tenant , and shall retain title to all furniture and not be deemed trade fixtures placed on the Premisesfixtures. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee, Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “"as built" plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 2 contracts

Samples: Triple Net Building Lease (At Home Corp), Triple Net Building Lease (At Home Corp)

Alterations, Additions, and Improvements. No alterations, additions, A. Lessee shall not make or improvements (“Alterations”) shall permit to be made any alterations to the Premises by Tenant without the prior written consent of LandlordLessor, which shall consent will not be unreasonably withheld; provided, however, that TenantLessee shall not be required to obtain Lessor’s consent for any alterations to the Premises which do not exceed $25,000 individually or $100,000 in the aggregate. If Lessee makes any alterations to the Premises in excess of the amounts set forth herein, without Landlord’s prior the alterations shall not be commenced until five (5) days after Lessee has received written consentconsent to such alterations from the Lessor so that Lessor may post and record any appropriate notice of non-responsibility; provided, but upon not less than ten (10) Business Days prior however, that if Lessor fails to provide written notice to LandlordLessee of its consent to, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Projectrejection of, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request alterations within fifteen (15) Business Days following receipt thereofdays after receiving Lessee’s request, the request Lessor shall be deemed disapprovedto have approved the alterations. If Landlord’s consent is granted Alterations shall be performed in a workmanlike manner and shall not weaken or impair the structural strength, or lessen the value, of any improvement on the Premises, or change the purposes for which the improvement, or any part thereof, may be used. B. Conditions with respect to alterations, additions or improvements are as follows: (1) Before commencement of any Alterationswork, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterationsall plans and specifications shall be filed with and approved by all governmental departments or authorities having jurisdiction and any public utility company having an interest therein, and as a condition precedent all work shall be done in accordance with requirements of all governmental regulations. (2) Prior to commencement of any work, Lessee shall obtain appropriate additional insurance coverage and pay the amount of any increase in premiums on insurance policies provided for herein because of endorsements to be made covering the risk, and the alterations, additions and improvements, both during and after the course of work. C. All alterations, additions and improvements on or in the Premises at the commencement of such Alterationsthe Term, and that may be erected or installed during the Term, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the PremisesPremises and the sole property of Lessor, except that all moveable trade fixtures installed by Lessee shall be and remain the property of Lessee. D. Except as otherwise provided herein, Lessor shall not be deemed trade fixtures and shall become the property of Landlord at the expiration required or sooner termination of the Lease. Tenant shall retain title obligated to all furniture and trade fixtures placed on make any changes, alterations, additions, or improvements in, on, or about the Premises. Within thirty (30) days after completion of , or any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account part thereof.

Appears in 2 contracts

Samples: Assignment and Assumption of Lease (Laidlaw Energy Group, Inc.), Assignment and Assumption of Lease (Laidlaw Energy Group, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor, which shall Lessor will not be unreasonably withheldwithhold, condition or delay; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance or structural integrity of Building 10, involve penetration of either the ceiling or any structural components floor of the Building or the Project, (c) are not visible from the exterior of the Building, (d) 10 and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five collectively exceed One Hundred Thousand Dollars ($25,000.00100,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except period, without Lessor’s prior written consent; provided, further, that no dollar limit Lessee gives Lessor prior notice of such alterations (which notice shall be applicable include the estimated value of such alterations) and such alterations are otherwise performed in accordance with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Useterms of this Lease. As a condition to LandlordLessor’s obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-out of pocket costs and expenses of consultants, engineers, architects and others (exclusive of property management personnel for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord specifications.. Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord : (i) Lessor shall make its election whether or not to require removal of such Alterationselection, if at all, at the time consent to such Alterations Alteration is given, if such election is requested in writing of Lessor at such time by Lessee, or if Lessor’s consent to such Alteration is not required, then Lessor shall make such election within 30 days following a written request of Lessor by Lessee, and (ii) in any event, at the end of the Lease Term or earlier termination of the Lease, Lessee shall remove from the Premises the equipment listed as “Equipment To Be Removed” on Schedule 3 attached hereto (the “Removal Obligations Schedule”), and shall surrender to Lessor, and have no obligation to remove, the equipment listed as “Equipment Left In Place” on the Removal Obligations Schedule. Lessee shall furnish security or make other arrangement satisfactory to Lessor to assure payment for the completion of all Alterations work free and clear of liens. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by Landlord, Lessor in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner, and shall have been approved in writing by the Redwood City of Sunnyvale and any other applicable governmental agencies, if so required. Subject Such approvals shall not be unreasonably withheld, conditioned or delayed by Lessor. Except as is provided for in the Removal Obligations Schedule, subject to LandlordLessor’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall have Lessee retain ownership thereof)and remove same, all Alterationsany Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by TenantLessee, together with all property that has become an integral part of the PremisesPremises such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems and any power generator and transfer switches, shall not be deemed trade fixtures and shall become the property of Landlord Lessor at the expiration or sooner termination of the Lease, unless Lessor directs otherwise. Tenant Lessee shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 2 contracts

Samples: Triple Net Space Lease (PDL Biopharma, Inc.), Triple Net Space Lease (Biotech Spinco, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements ("Alterations") shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural components or structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five exceed collectively One Hundred Thousand Dollars ($25,000.00100,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetperiod, and (f) are commonly considered consistent with and appropriate for the Permitted Usewithout Lessor's prior written consent. As a condition to Landlord’s Lessor's obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to by written notice given on or before the terms earlier of Section 17.09 hereof; provided (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Tenant makes written Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request to Landlord concurrently with Tenant’s request and a copy of all plans and specifications for consent to any Alterations, then Landlord shall make its election the proposed Alteration whether or not to it will require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by LandlordLessor, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord Lessor at the expiration expiration, or sooner termination of the Lease. Tenant , unless Lessor directs otherwise, provided that Lessee shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.All heating,

Appears in 2 contracts

Samples: Triple Net Building Lease (Informatica Corp), Triple Net Building Lease (Informatica Corp)

Alterations, Additions, and Improvements. No Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s 's prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) except for non-structural alterations which (a) do not affect any systems or equipment of exceed Five Thousand Dollars ($5,000.00) in cost cumulatively over the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) Lease Term and which are not visible from the exterior outside of the Building, (d) do not . Landlord may require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) Tenant to provide demolition and/or lien and completion bonds in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, form and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition amount satisfactory to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord promptly remove any alterations made upon Landlord's written request after the end of the Lease Term. All alterations, additions, and improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor licensed in the State of Florida approved by Landlord. Upon completion of any requested Alterations such work, Tenant shall provide Landlord with "as built" plans, copies of all construction contracts, and proof of payment for all labor and materials. Tenant agrees that Tenant will pay all liens of contractors, subcontractors, mechanics, laborers, materialmen, and other items of like character, and will indemnify Landlord against all expenses, costs and charges, including bond premiums for release of liens and attorneys fees and costs reasonably incurred in writingand about the defense of any suit in discharging the Premises or any part thereof from any liens, judgments, or encumbrances caused or suffered by Tenant. If Landlord does not respond to In the event any such written request within fifteen (15) Business Days following receipt thereof, the request lien shall be deemed disapproved. If Landlord’s consent is granted to any Alterationsmade or filed, then Tenant, Tenant shall bond against or discharge the same within ten (10) days after the same has been made or filed. It is understood and agreed between the parties to this lease that the expenses, costs and charges above referred to shall be considered as Rent due and shall be included in any lien for Rent. Tenant executes a construction contract shall not have any authority to create any liens for such Alterationslabor or material on Landlord's interest in the Premises and all persons contracting with Tenant for the destruction or removal of any facilities or other improvements or for the erection, installation, alteration, or repair of any facilities or other improvements on or about the Premises, and as a condition precedent all materialmen, contractors, mechanics, and laborers are hereby charged with notice (which notice Tenant shall deliver in writing to each such party prior to the commencement of such Alterations, shall pay any service by said party) that they must look only to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore Tenant's interests in the Premises to their prior condition pursuant to secure the terms payment of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request any xxxx for consent to any Alterations, then Landlord shall make its election whether work done or not to require removal of such Alterations, if at all, material furnished at the time consent to such Alterations is givenrequest or instruction of Tenant. All Alterations to be made to the Premises shall be designed by and made under the supervision The provisions of this paragraph are set forth in a California licensed architect and/or California licensed structural engineer (each of whom notice which has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved recorded by Landlord in writing prior to commencement the Public Records of work. All Alterations shall be constructed and installedPalm Beach County, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofFlorida.

Appears in 2 contracts

Samples: Lease Agreement (Newagecities Com Inc), Lease Agreement (Adsouth Partners, Inc.)

Alterations, Additions, and Improvements. No alterations13.1 The Lessee shall not make any alterations or additions to any of the Buildings, additionsthe Property, any part thereof, or improvements (“Alterations”) shall be made to any item of the Premises by Tenant Lessor's Equipment without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s Lessor's prior written consent, but upon the Lessor shall not less than ten (10) Business Days prior written notice withhold its consent unreasonably to Landlordany such alteration or addition which is of a minor nature and not structural. 13.2 If the Lessee does alter, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems add to, or equipment of improve the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) Property in any given instance way, whether in breach of clause 13.1 or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereofnot, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided thatLessee shall, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved so required in writing by the City Lessor, restore the Property on the termination of Sunnyvale this lease to its condition as it was prior to such alteration, addition or improvement having been made. The Lessor's requirement in this regard may be communicated to the Lessee at any time, but not later than the (specify) day after the Lessee has delivered up the Property pursuant to the termination of this lease; and this clause 13.2 shall not be construed as excluding any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations or further remedy which the Lessor may have in accordance with this Section 6.03 (consequence of a breach by the Lessee of clause 13.1. 13.3 Save for any improvement which is removed from the Property as required by the Lessor in which case Tenant shall retain ownership thereof)terms of clause 13.2, all Alterationsimprovements made on or to the Property shall belong to the Lessor and may not be removed from the Property at any time. The Lessee shall not, includingwhatever the circumstances, have any claim against the Lessor for compensation for any improvement or repair to the Property or the Lessor's Equipment, nor shall the Lessee have a right of retention in respect of any improvements. 13 Exclusion of lessor from certain liability and indemnity 13.1 The Lessee shall have no claim for damages against the Lessor and may not withhold or delay any payment due to the Lessor by reason directly or indirectly of 13.1.1 a breach by the Lessor of any of its obligations under this lease; 13.1.2 any act or omission of the Lessor or any agent or servant of or contractor to the Lessor, whether or not negligent, or otherwise actionable at law, and including (without limitationlimiting the generality of the aforegoing) any act or omission of any cleaner, all lightingmaintenance person, electricalhandyman, artisan, labourer, workman, watchman, guard, or commissionaire; 13.1.3 the condition or state of repair at any time of the Property, the Buildings, or any part of the Property or the Buildings; 13.1.4 any failure or suspension of, or any interruption in, the supply of water, electricity, gas, air-conditioning, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part or any other amenity or service to the Property or any of the PremisesBuildings, shall not be deemed trade fixtures and shall become whatever the property of Landlord at cause; 13.1.5 any breakdown of, or interruption in the expiration operation of, any machinery, plant, equipment, installation, or sooner termination system situated in or on, or serving, the Property or any part thereof or any of the Lease. Tenant shall retain title Buildings, and including (but without limiting the generality of the aforegoing) the swimming pool plant or any geyser, boiler, burglar alarm, or security installation or system (again regardless of cause); 13.1.6 any interruption of or interference with the enjoyment or beneficial occupation of the Property caused by any building operations or other works on or about the Property, whether carried out by the Lessor or by anybody else; or 13.1.7 any other event or circumstance whatever occurring, or failing to occur, upon, in, or about the Property or any of the Buildings, whether or not the Lessor could otherwise have been held liable for such occurrence or failure, and the Lessee indemnifies the Lessor against all furniture liability to members of the Lessee's household, the Lessee's servants, guests and trade fixtures placed on other invitees, and all other persons who may occupy or be entitled to occupy the Premises. Within thirty (30) days after completion Property or any parts thereof through or under the Lessee, in consequence of any Alterationssuch matter as is referred to in clauses 14.1.1 to 14.1.7 above. 13.2 The Lessor shall not, Tenant shall provide Landlord with however, be excused from specific performance of any of its obligations under this lease, whether express or implied, and particularly (Abut not only) a complete set its obligations to afford the Lessee occupation and enjoyment of both hard copies the Property as contemplated by this lease and CAD drawings of “to carry out such maintenance and repairs as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction are incumbent upon the Lessor in terms hereof; and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid Lessor fails to carry out any such obligation of maintenance or repair with reasonable speed or efficiency, and persists in connection with such Alterations was understateddefault after reasonable notice in writing requiring that it be remedied, an amount equal the Lessee may cause the necessary maintenance or repair (including any incidental or necessary replacement) to be carried out and may then recover the actual Landlord Supervision Fee (based upon reasonable cost thereof from the statement of final costs) less any amount previously paid to Landlord Lessor on account thereofdemand.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, additions or improvements to the Premises (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent. Landlord shall not unreasonably withhold its consent to non-structural Alterations. Landlord shall not be required to consent to and Tenant shall not make any Alterations to the electrical, but plumbing, heating, ventilation or air-conditioning systems. Prior to making any Alterations, Tenant shall submit to Landlord detailed plans and specifications for Alterations and reimburse Landlord for all expenses incurred by Landlord in connection with its review thereof, and Tenant shall also provide to Landlord for its approval the identity of the contractor Tenant proposes to employ to construct the Alterations. All Alterations shall be accomplished in accordance with the following conditions: (i) Tenant shall procure all governmental permits and authorizations for the Alterations, and obtain and provide to Landlord an official certificate of occupancy upon completion of the Alterations, if appropriate. (ii) Tenant shall arrange for extension of the liability insurance provided for in Par. 5 to apply to the construction of the Alterations. (iii) The employment of any employee, contractor or laborer in or about the Premises in connection with the Alterations, or Tenant’s moving of furniture and equipment in or out of the Premises or otherwise, shall not less than ten (10) Business Days prior written notice to interfere or cause any conflict with any employee, contractor or laborer of Landlord or union representing any of them engaged in the construction, operation, maintenance or repair of the Property. In the event of such interference, upon demand of Landlord, may make Tenant will cause such employee, contractor or laborer to leave the Property immediately. (iv) The work with respect to the Alterations (including removal shall be done in a neat, clean and rearrangement of prior Alterations) which (a) do quiet manner, and shall not affect any systems or equipment interfere with the use and occupancy of the Building or the Project, by other tenants. (bv) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested construct the Alterations in writing. If Landlord does not respond to such written request within fifteen a good and workmanlike manner utilizing materials of first quality and in compliance with all laws and governmental regulations. (15vi) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within Within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination completion of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans of the Alterations and AutoCAD files thereof on disk. ICM: 09/18/02 FORM: AmberJc2.meb Rev. 09/18/02 MTNT-Msty-Office G+TE – AJ Lease F:\wpdata\meb2\Leases\ValeritasLse3.doc 10/16/09 5:30p.m. 7 (b) Except for Tenant’s trade fixtures, all Alterations shall be the property of Landlord and shall remain on and be surrendered with the Premises upon termination of the Lease, unless Landlord shall notify Tenant at the time Landlord grants its consent to such Alterations, (B) a statement of all final costs of designor if no consent is required, demolition, construction and installation at the time Tenant notifies Landlord of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with that it desires that such Alterations andbe removed at the expiration of the Lease, (D) if the Landlord Supervision Fee paid in connection with which event Tenant agrees to remove such Alterations was understated, an amount equal on or prior to the actual Landlord Supervision Fee (based upon Expiration Date, restore the statement Premises to its existing condition prior to construction of final costs) less the Alterations and repair any amount previously paid damage to Landlord on account thereofthe Premises or the Building caused by such removal.

Appears in 2 contracts

Samples: Lease Agreement (Valeritas Holdings Inc.), Lease Agreement (Valeritas Holdings Inc.)

Alterations, Additions, and Improvements. No Except as required by Section 4 hereof, no alterations, additions, additions or improvements (“Alterations”) shall be made to any part of the Subleased Premises by Tenant without the prior written consent of LandlordSublessor, which consent shall not be unreasonably withheld, conditioned or delayed and the consent of the Prime Lessor to the extent required by the Prime Lease. All permitted alterations, additions or improvements to the Subleased Premises (“Sublessee’s Work”) shall be made in compliance with any applicable terms and provisions of the Prime Lease, all applicable laws, ordinances, rules and regulations, and at the expiration or termination of the term of this Sublease for any reason, shall remain for the benefit of Sublessor or shall, at the request of Sublessor, be removed by Sublessee, at Sublessee’s sole cost, and Sublessee shall repair any damage caused by such removal. Notwithstanding the foregoing, Sublessee shall not be required to remove and/or restore any Sublessee Improvements (as hereinafter defined below) unless such removal is required by the Prime Lease, improvements which were in the Subleased Premises as of the Sublease Commencement Date or improvements which were made by Sublessor or Prime Lessor (collectively, the “Existing Alterations”). If such removal or restoration is required pursuant to the Prime Lease, Sublessor (at its sole cost) shall remove any and all Existing Alterations made to the Subleased Premises upon termination of this Sublease and shall restore the Subleased Premises to the condition required by the Prime Lease. For any other alterations, Sublessor shall notify Sublessee at the time of Sublessor’s and Prime Lessor’s consent (if required) whether such alterations will have to be removed and/or restored at the expiration of the Term. In the event that Prime Lessor does not require removal and/or restoration of such alterations at the expiration of the Term, then Sublessor shall also not require removal and/or restoration of such alterations. All permit, license and similar costs and fees (including, without limitation, costs of architectural renderings, sign elevation drawings, mechanical plans, and other plans and specifications) required by statute or ordinance and associated with Sublessee’s Work shall be paid by Sublessee. Any initial improvements (the “Sublessee Improvements”) to be made to the Subleased Premises by Sublessee shall be subject to the reasonable prior approval of Sublessor and the approval of the Prime Lessor in accordance with the terms and provisions of the Prime Lease and Sublessee shall be responsible for the removal of the Sublessee Improvements and the restoration of the Subleased Premises if and to the extent required by the Prime Lessor at the Sublease Expiration Date or earlier termination of this Sublease. During the period of design and construction of the Sublessee Improvements and installation of Sublessee’s furniture, fixtures and equipment, Sublessee shall not be required to pay Sublessor or Prime Lessor for, (1) contractor, subcontractor, consultants, and architect parking, (2) the use of freight elevator, restrooms, loading docks, or security, (3) charges for temporary power, lights, and HVAC (except as otherwise expressly provided for herein), (4) tap in fees to connect to the Building’s utility, security or health safety systems and equipment, or (5) supervisory, administrative or other fees regarding the management of such work and Sublessor shall pay such costs to the extent required by Prime Lease; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during event Sublessee requests consent for any twelve (12) month period except that no dollar limit additional alterations or improvements, Sublessee shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate solely responsible for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofrelated thereto.

Appears in 2 contracts

Samples: Sublease, Sublease (Horizon Pharma PLC)

Alterations, Additions, and Improvements. No After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements (“Alterations”) shall be made in or to the Premises by Tenant without obtaining the prior written consent of Landlord, which shall not be unreasonably withheld; providedwithheld (“Tenant Work”), however, that Tenantnor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s prior written consentsole discretion. Notwithstanding the foregoing, but upon Landlord will not less than ten unreasonably withhold its consent to Tenant Work that: (10i) Business Days prior written notice to Landlord, may make Alterations (including removal is non-structural and rearrangement of prior Alterations) which (a) do does not adversely affect any systems Building Systems or equipment of the Building or the Projectimprovements, (bii) do not affect the structural integrity or any structural components of the Building or the Project, (c) are is not visible from the exterior of the BuildingPremises, (diii) do does not require a building permitaffect the exterior of the Building or any Common Areas, (eiv) do does not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00v) in does not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLaws, and (fvi) are commonly considered consistent will not interfere with the use and appropriate for occupancy of any other portion of the Permitted UseProject by any other tenant or occupant of the Project. As a condition to LandlordTenant’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld, conditioned or delayed. If requested by Landlord, Tenant shall execute a reasonable work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of any proposed Alterationsthe Building. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management oversight fee in an amount equal to one and one-half five percent (1.55%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by California licensed contractors approved the terms of the Work Letter and not by the provisions of this Section. [PLEASE NOTE THAT TENANT DOES NOT PRESENTLY INTEND TO PERFORM ANY INITIAL IMPROVEMENTS TO THE PREMISES, BUT IN THE EVENT TENANT CHANGES ITS INTENTIONS AND IN FACT PERFORMS INITIAL IMPROVEMENTS, TENANT WILL NOT PAY A CONSTRUCTION OVERSIGHT FEE IN CONNECTION THEREWITH] Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the reasonable cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings if available (both in compliance with the terms paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions of the on Tenant Work Letteras are reasonably appropriate, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all lightingcosts to be incurred in connection with such Tenant Work, electricalinsurance covering Landlord against liabilities which may arise out of such work, heatingplans and specifications, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the expiration or sooner earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord, at the time it approves the Tenant Work, shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises under the Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused by such removal. Tenant shall retain title not allow any liens to all furniture and trade fixtures placed on be filed against the PremisesPremises or the Project in connection with any Tenant Work. Within thirty If any liens are filed, Tenant shall cause the same to be released within fifteen (3015) days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An XXXXX 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all reasonable applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any AlterationsTenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall provide Landlord with (A) a diligently complete set of both hard copies and CAD drawings of “as built” plans for all such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofpunch list items.

Appears in 2 contracts

Samples: Commercial Lease (Ziprecruiter, Inc.), Commercial Lease (Ziprecruiter, Inc.)

Alterations, Additions, and Improvements. No Except for the Initial Improvements (which shall be constructed pursuant to the Work Letter), Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements (“Alterations”) shall be made in or to the Premises by (“Tenant Work”) without obtaining the prior written consent of Landlord, nor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which shall not may be unreasonably withheld; provided, however, that Tenant, without withheld in Landlord’s prior written consentsole discretion. Notwithstanding the foregoing, but upon Landlord will not less than ten unreasonably withhold its consent to Tenant Work that: (10i) Business Days prior written notice to Landlord, may make Alterations (including removal is non-structural and rearrangement of prior Alterations) which (a) do does not adversely affect any systems Building Systems or equipment of the Building or the Projectimprovements, (bii) do not affect the structural integrity or any structural components of the Building or the Project, (c) are is not visible from the exterior of the BuildingPremises, (diii) do does not require a building permitaffect the exterior of the Building or any Common Areas, (eiv) do does not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00v) in does not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLaws, and (fvi) are commonly considered consistent will not interfere with the use and appropriate for occupancy of any other portion of the Permitted UseProject by any other tenant or occupant of the Project. As a condition to LandlordTenant’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and all contractors, subcontractors, vendors, architects arid engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of any proposed Alterationsthe Building. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management oversight fee in an amount equal to one and one-half five percent (1.55%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; the construction oversight or management fee, if any, applicable to construction of the Initial Improvements shall be governed by California licensed contractors approved the terms of the Work Letter and not by the provisions of this Section. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, paper and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject electronic format acceptable to Landlord’s right to require ) after completion of such Tenant to remove Alterations in accordance with this Section 6.03 (in which case Work. Landlord may impose such conditions on Tenant shall retain ownership thereof), all AlterationsWork as are reasonably appropriate, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all lightingcosts to be incurred in connection with such Tenant Work, electricalinsurance covering Landlord against liabilities which may arise out of such work, heatingplans and specifications, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the expiration or sooner earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises, the Building or the Project caused by such removal. Tenant shall retain title not allow any liens to all furniture and trade fixtures placed on be filed against the PremisesPremises or the Project in connection with any Tenant Work or otherwise. Within thirty if any liens are filed, Tenant shall cause the same to be released within five (305) days after Tenant’s receipt of notice of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An XXXXX 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any AlterationsTenant Work, Landlord may prepare and submit to Tenant a punch list of items to be completed, and Tenant shall provide Landlord with (A) a diligently complete set of both hard copies and CAD drawings of “as built” plans for all such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofpunch list items.

Appears in 2 contracts

Samples: Lease Agreement (Upland Software, Inc.), Lease Agreement (Upland Software, Inc.)

Alterations, Additions, and Improvements. No Subject to the provisions of this Article IV, Lessees may make any alterations, additions, improvements or improvements (“Alterations”) shall be made other changes to the Premises by Tenant without and the prior written consent of Landlord, which shall not Relevant Assets as may be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems necessary or equipment useful in connection with the operation of the Building or Relevant Assets (collectively, the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing“Additional Improvements”). If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereofAdditional Improvements require alterations, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration additions or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made improvements to the Premises or any of the Shared Access Facilities, Lessees shall be designed notify Lessor in writing in advance and the parties shall negotiate in good faith any increase to the fees paid by and made Lessees under the supervision Site Services Agreement by Lessees or otherwise provide for reimbursement of a California licensed architect and/or California licensed structural engineer any material increase in cost (each of whom has been approved if any) to Lessor under the Site Services Agreement that results from any modifications to the Premises or the Shared Access Facilities necessary to accommodate the Additional Improvements, or as otherwise mutually agreed by Landlordthe parties. Any alteration, addition, improvement or other change to the Premises, Relevant Assets or Additional Improvements (and, if agreed by Lessees and Lessor, to the Shared Access Facilities) and by Lessees shall be made in a good and workmanlike manner and in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, Laws. The Relevant Assets and in good and workmanlike manner, all Additional Improvements shall remain the property of Lessees and shall be removed by Lessees within one (1) year after termination of this Lease (provided that such can be removed by Lessees without unreasonable damage or harm to the Premises) or, at Lessees’ option exercisable by notice to Lessor, surrendered to Lessor upon the termination of this Lease. Lessees shall not have been approved in writing the right or power to create or permit any lien of any kind or character on the Premises by reason of repair or construction or other work. In the City of Sunnyvale and event any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of such lien is filed against the Premises, Lessees shall not cause such lien to be deemed trade fixtures and shall become the property of Landlord at the expiration discharged or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within bonded within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set the date of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account filing thereof.

Appears in 2 contracts

Samples: Lease and Access Agreement (Holly Energy Partners Lp), Lease and Access Agreement (Holly Corp)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, additions or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon which consent shall not less than be unreasonably withheld and shall be granted or denied within ten (10) Business Days business days, except for non-structural alterations, additions or improvements and which are not visible from the outside of the Building of which the Premises is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount reasonably satisfactory to Landlord and consistent with landlords of Comparable Buildings. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Section 6.5(a) upon Landlord’s written request. All alterations, additions, and improvements shall be done in a good and workmanlike manner, in accordance with plans, specifications and drawings reasonably approved in writing by Landlord, and in conformity with all applicable rules, laws and regulations, and by a licensed contractor reasonably approved by Landlord which consent shall not be unreasonably withheld or conditioned by Landlord unless a Design Problem exists and shall be granted or denied within ten (10) business days. A “Design Problem” is defined as, and will be deemed to exist if such alteration will (i) adversely affect the exterior appearance of the Building; (ii) adversely affect the Building structure; (iii) adversely affect the Building systems in a non-de minimus manner; (iv) unreasonably interfere with any other occupant’s normal and customary office operation or rights under their lease(s); or (v) fail to comply with applicable laws; provided, however, notwithstanding that the following improvements might otherwise constitute a Design Problem (rolling file rooms, file rooms, libraries, interconnecting stairs and UPS unit(s)), Landlord shall not unreasonably withhold its consent to such improvements or alterations. Upon completion of any such work, Tenant shall provide Landlord with “as built” plans, copies of all construction contracts, a certificate of completion by the architect who supervised the construction and proof of payment for all labor and materials including appropriate lien releases. Except for Landlord’s negligence or willful misconduct, Landlord shall have no responsibility or liability for any death or injury to persons, including but not limited to Tenant, Tenant’s officers, directors, members, employees, personnel, contractors, invitees and/or any third persons in or upon the real property of Landlord, or for damage to property caused by alterations, additions or improvements made to the Premises by Tenant, whether or not made pursuant to Landlord’s prior written consent as required herein, and Tenant hereby indemnifies Landlord against any such liability, obligation, cost or expense arising therefrom. (b) Tenant shall pay when due all claims for labor and material furnished to the Premises. Tenant shall give Landlord at least ten (10) business days prior written notice of the commencement of any work on the Premises, regardless of whether Landlord’s consent to Landlordsuch work is required. Landlord may elect to record and post notices of non-responsibility on the Premises. Tenant shall keep the Premises, may make Alterations (including removal the Building and rearrangement the Project free and clear of prior Alterations) which (a) do not affect any systems liens arising out of any work performed, materials furnished, or equipment obligations incurred by or on behalf of Tenant. If any such lien is filed against the Premises, the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenantshall, within ten (10) business days after thereafter, cause the lien to be fully discharged by either paying the obligation secured thereby or obtaining and recording a payment bond in accordance with the provisions of Section 33-1004, Arizona Revised Statutes. Tenant executes a construction contract shall indemnify and hold Landlord harmless from any claims for such Alterationslien waivers. Tenant is not authorized to act for on behalf of Landlord as its agent, or otherwise, for the purpose of constructing any improvements to the Premises, and as a condition precedent to the commencement of such Alterations, shall pay to neither Landlord a construction management fee nor Landlord’s interest in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed subject to any obligations incurred by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and Tenant. Landlord shall be made entitled to post on the Premises during the course of any construction by Tenant such notices of non-responsibility as Landlord deems appropriate for the protection of Landlord and its interest in accordance the Premises. If Tenant fails to fully discharge any such lien within a 10-business day period, Landlord may (but shall not be so obligated) pay the claim secured by such lien, and the amount so paid, together with plans any costs and specifications which have been furnished reasonable attorneys’ fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant shall pay the same to Landlord with interest at the rate provided in Section 4.01(c) from the dates of Landlord’s payments. Should any claims of lien be filed against the Premises or any action affecting the title to such property be commenced, the party receiving notice of such lien or action shall forthwith give the other party written notice thereof. (c) Unless Landlord requires the removal thereof upon the termination of this Lease at the time Landlord consents thereto and only to the extent causing a Design Problem, Tenant shall not be required to restore any of the Tenant Improvements, or any subsequent alterations, additions or improvements to the Premises by Tenant if approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed (except movable furniture, equipment and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawstrade fixtures), and in good and workmanlike manner, and such items shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral a part of the Premises, shall not be deemed trade fixtures Premises and shall become the property of Landlord at the expiration immediately upon installation thereof. Any alteration, addition or sooner termination of the Lease. improvement which Tenant shall retain title is required or permitted to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterationsremove hereunder, together with all supporting documentation thereforany movable furniture, (C) copies equipment and trade fixtures, shall be removed at Tenant’s expense upon the termination of all governmental approvalsthis Lease, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal and Tenant shall promptly repair any damage to the actual Landlord Supervision Fee Premises caused by such removal. In no event, however, shall Tenant remove any of the following materials or equipment (based upon the statement of final costswhich shall be deemed Landlord’s property) less without Landlord’s prior written consent: any amount previously paid to Landlord on account thereofpower wiring or power panels; lighting or lighting fixtures; wall coverings; drapes, blinds or other window coverings; carpets or other floor coverings; heaters, air conditioners or any other heating or air conditioning equipment; fencing or security gates; or other similar building operating equipment and decorations.

Appears in 2 contracts

Samples: Office Lease (Ziprecruiter, Inc.), Office Lease (Ziprecruiter, Inc.)

Alterations, Additions, and Improvements. No (a) Except for racking systems and except for non-structural alterations made after the Commencement Date and which do not exceed Ten Thousand and No/100 Dollars ($10,000.00) in cost cumulatively over the Lease Term, Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made improvements, including Tenant's Improvements, as defined in the Rider to this Lease to the Premises by Tenant Property without the Landlord's prior written consent of Landlordconsent, which shall not be unreasonably withheld; provided, howeverconditioned or delayed. Landlord shall not be required to notify Tenant of whether it consents to any alterations, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which additions or improvements until it (a) do not affect any systems or equipment has received plans and specifications therefor which are sufficiently detailed to allow construction of the Building or the Projectwork depicted thereon to be performed in a good xxxxxxx-like manner, and (b) do not affect has had a commercially reasonable opportunity to review them. Landlord shall provide a response to Tenant's request within five (5) business days upon receipt of (a) above, and Landlord's failure to respond within the structural integrity or any structural components five (5) business day period shall be deemed by its approval of the Building same. If Landlord shall disapprove a request by Tenant, Landlord shall within two (2) business days deliver to Tenant why and in reasonable detail approval was denied. Tenant, at its sole cost and expense, may from time to time install, and if so installed, shall maintain, rooftop communication equipment (to include antennae and/or satellite dishes if screened from view), and rooftop refrigeration, heating, ventilation and air conditioning equipment, subject to the prior written approval of Landlord and its consultants in their reasonable discretion as to the size, number and location of same and subject to applicable recorded restrictions and rules and regulations of Newpoint Owner's Association and applicable governmental authorities. Tenant shall utilize Landlord's roofing contractor for the supervision and/or approval of any penetrations made to the roof, but Tenant shall not be obligated to pay Landlord any fees for the management or the Projectoversight of such work. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (c) are not visible from the exterior of the Building, (d1) do not require a building permit, alter the basic character of the Property or the Building; (e2) do not involve overload or damage the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, same; and (f3) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall may be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent removed without irreparable damage to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided belowProperty. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any such Alterations at the expiration alterations, additions, or sooner termination improvements constructed in violation of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes this Paragraph 6.06 (a) upon Landlord's written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is givenrequest. All Alterations to be made to the Premises alterations, additions, and improvements shall be designed by and made under the supervision of done in a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together conformity with all property that has become an integral part of the Premisesapplicable laws and regulations, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Leaseby a contractor reasonably approved by Landlord. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “"as built” plans for such Alterations" plans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsconstruction contracts, if anyand proof of payment, received in conjunction including lien waivers, for all labor and materials. (b) If any alteration, addition or improvement will affect the Building's structure, HVAC System, mechanical, electrical or plumbing systems, the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be representation that the plans or the work depicted thereon will comply with such Alterations andthe law or adequate for any purpose, but shall merely be Landlord's consent to performance of the work. (Dc) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal Tenant shall pay when due all claims for labor and material actually furnished to the actual Property. Tenant shall give Landlord Supervision Fee at least twenty (based upon 20) days' prior written notice of the statement commencement of final costs) less any amount previously paid work on the Property, regardless of whether Landlord's consent to such work is required. Landlord may elect to record and post notices of non-responsibility on account thereofthe Property.

Appears in 1 contract

Samples: Lease Agreement (Homegrocer Com Inc)

Alterations, Additions, and Improvements. No (a) Except for the Tenant Improvements identified on Exhibit C attached hereto and subject to section 3 of Rider No. 1, Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, Property without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) except for non-structural alterations which (a) do not affect any systems or equipment of exceed Ten Thousand Dollars ($10,000) in cost cumulatively over the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) Lease Term and which are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction outside of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount building of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided belowthe Property is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Paragraph 6.05(a) upon Landlord’s written request. Further, unless the Landlord agrees not to requires removal at the time Landlord grants consent, Landlord may require that all alterations, additions or improvements be removed by Tenant and the Property restored to their condition prior to such Alterations alteration, addition or improvement, at no cost to Landlord, upon the expiration or sooner earlier termination of this Lease. Except with respect to improvements so required by Landlord to be removed, all improvements will remain in the Lease Term and Premises. If consent is not required, Tenant has the right to restore request that Landlord determine the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if removal requirements at such time as Tenant makes submits a written request to Landlord concurrently with Tenant’s request for consent to any AlterationsLandlord. NOTE: All initial Tenant Improvements as identified on the attached Exhibit C, then Landlord shall make its election whether remain in the Property upon the expiration or not to require removal termination of such Alterations, if at all, at the time consent to such Alterations is giventhis Lease. All Alterations to be made to the Premises alterations, additions, and improvements shall be designed by and made under the supervision of done in a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, in conformity with all-applicable laws and shall have been regulations, and by a contractor approved in writing by the City of Sunnyvale and any other applicable governmental agenciesLandlord. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterationsplans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsconstruction contracts, if any, received in conjunction with such Alterations and, and proof of payment for all labor and materials. (Db) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal Tenant shall pay when due all claims for labor and material furnished to the actual Property. Tenant shall give Landlord Supervision Fee at least twenty (based upon 20) days’ prior written notice of the statement commencement of final costs) less any amount previously paid work on the Property, regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility on account thereofthe Property.

Appears in 1 contract

Samples: Industrial Real Estate Lease (SeaSpine Holdings Corp)

Alterations, Additions, and Improvements. No Tenant shall not make or permit to be made any alterations, additionsimprovements, or improvements additions to the Premises (“Alterations”) shall be made to the Premises by Tenant ), without the first obtaining on each such occasion Landlord’s prior written consent (which consent Landlord agrees not to unreasonably withhold, condition or delay) except for non-structural Alterations which do not exceed One Hundred Thousand Dollars ($100,000.00) per year of the Lease Term, does not require a permit from the jurisdictions having authority, does not affect the mechanical, electrical or plumbing systems of the Building, and which are not visible from the outside of the Building; provided that Tenant gives Landlord advance notice of such work in each case. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord, for Landlord’s approval or disapproval, which approval shall not be unreasonably withheld, conditioned or delayed. All Alterations shall be performed in accordance with all governmental requirements applicable thereto, Applicable Laws and Title Matters and in a good and workmanlike manner and, to the extent such Alterations will remain a part of the Premises after the expiration or earlier termination of this Lease, with materials consistent with the quality of the initial construction of the Landlord Improvements; provided, howeverfurther, that TenantTenant shall be responsible for any damage to the Premises caused by the use of any materials of a lesser quality. Before commencing any work in connection with such Alterations, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement Tenant shall furnish Landlord with certificates of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible insurance from the exterior general contractor or if no general contractor, from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) or be connected in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable way with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed said Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, notifies Tenant in writing at the request shall be deemed disapproved. If time of Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (that Landlord’s approval is conditioned upon the “Landlord Supervision Fee”), the amount removal of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterationsthis Lease, then Landlord shall make its election whether or not to require removal of such Alterations, if at allTenant shall, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the its sole cost and expense upon the termination or expiration of Tenantthis Lease, by California licensed contractors approved by Landlord, in compliance with remove the terms same and conditions repair any damage resulting from such removal of the Work Letter, including but not limited to Alterations. Landlord will specify at the “Specifications” and “Requirements” time Landlord approves of any proposed Alteration whether any proposed Alteration must be removed at the expiration or earlier termination of this Lease. Except as set forth therein, along with all applicable laws, in the immediately preceding sentence and in good Section 6.06, all Alterations and workmanlike manner, all repairs and all other property attached to or installed on the Premises by or on behalf of Tenant shall immediately upon completion or installation thereof be and become part of the Premises and the property of Landlord without payment therefor by Landlord and shall have been approved in writing by be surrendered to Landlord upon the City expiration or earlier termination of Sunnyvale and any other applicable governmental agenciesthis Lease. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Notwithstanding the foregoing, Tenant shall retain ownership thereof), all Alterationsremove any Tenant fixtures or equipment, including, without limitation, all lightingdiesel generators, electricalcamera systems, heatingand any other equipment and systems that are not included in the Landlord Improvements, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together such removal shall be performed in accordance with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the requirements set forth in this Lease. Tenant shall retain title pay when due all Claims for labor and material furnished to the Premises and keep the Premises free and clear of all furniture liens and trade fixtures placed encumbrances for work contracted for by Tenant. In the event a lien is filed against the Premises, upon Tenant’s receipt of notice of any such lien, Tenant shall, within fifteen (15) days of receipt of such notice (a) bond against or cause such lien to be released of record from the Premises, or (b) furnish Landlord with a copy of the recorded waiver of such lien, recorded release of such lien, or recorded bond discharging such lien. For any work that could give rise to any mechanics’ or material suppliers’ liens under Applicable Law, Tenant shall give Landlord at least fifteen (15) days’ prior written notice of the commencement of any work on the Premises. Within thirty (30) days after completion , regardless of any Alterations, Tenant shall provide whether Landlord’s consent to such work is required and Landlord with (A) a complete set may elect to record and post notices of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if non-responsibility on the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofPremises.

Appears in 1 contract

Samples: Lease Agreement (Lifetime Brands, Inc)

Alterations, Additions, and Improvements. No Lessee, at Lessee's option --------------------------------------- can, at any time during the term of this Lease, alter, add to and improve the Leased Premises. Such alterations, additions, or additions and improvements (“Alterations”) shall be made at the sole expense of the Lessee. Lessee shall have the right to erect and maintain, at their own expense, a sign or signs on the Premises by Tenant without building and elsewhere on the leased premises, subject to the prior written consent of LandlordLessor as to design and placement, which and to equip, fixture, store and maintain and alter the arrangements of fixtures, equipment in the interior of said Premises at its discretion without restriction provided that Lessee shall at all times comply with all laws and regulations applicable thereto. Lessee shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of permit the Building or the Project, (b) do not affect the structural integrity premises or any structural components of the Building part thereof to be encumbered by any materialmen's, mechanics', contractors' or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetother liens, and (f) are commonly considered consistent with and appropriate if any such lien is filed against the Premises or any part thereof for labor or materials furnished or to be furnished to Lessee, Lessee shall discharge the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses same of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, record within ten (10) days after Tenant executes a construction contract for such Alterationsthe date of filing, and hold the Lessor harmless against the liens claimed. If Leasee fails to discharge any such mechanics' lien within such period, then, in addition to any other right or remedy of Lessor, Lessor may, but shall not be obligated to, discharge the same either by payment of the amount claimed ox by procuring discharge of such lien by deposit in court or giving of security or in such other manner as a condition precedent may be prescribed by law. Any amount paid by Lessor to discharge any such lien, including all necessary disbursements, expenses and reasonable Exhibit 10.2 legal fees, with interest thereon at the rate of twelve percent (12%) from the date of any payments, shall be repaid by Lessee to Lessor on demand and, if unpaid, may be treated as additional rent. Notice is hereby given that Lessor shall not be liable for any labor or materials furnished or to be furnished to Lessee upon credit, and that no lien for any such labor or materials shall attach to or affect the reversionary or other estate or interest of Lessor .in and to the commencement premises or any part thereof or any of such Alterationsthe appurtenances or equipment and Lessee shall execute a notice under the Florida Statutes if requested by Lessor to document this. All furniture, shall pay to Landlord a construction management fee in an amount equal to one appliances, machinery, tools, equipment and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlordpartitions, and (iii) further subject in addition all other fixtures and improvements which have not been permanently incorporated in the realty so as to adjustment be an integral part thereof, which have been or will be installed by Lessee at its expense shall remain the property of Lessee, as the case may be, and may be removed at any time during the term of this lease by Lessee. Lessor hereby waives all its right, title and interest to the aforementioned items, provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term Lessee is not and to restore the Premises to their prior condition pursuant to has not been in default under the terms of Section 17.09 hereof; provided thatthis Lease. If the Lessee installs any electrical equipment which overloads the lines in the Premises or the Building, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at allthe Lessee shall, at its own cost and expense, promptly make whatever changes are necessary to remedy such condition and to comply with all requirements of the time consent to such Alterations is givenLessor and the Board of Fire Insurance Underwriters and any similar body and any governmental authority having jurisdiction thereof. All Alterations For the purposes of this paragraph, any finding or schedule of the Fire Insurance Rating Organization having jurisdiction thereto shall be deemed to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of workconclusive. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.Exhibit 10.2

Appears in 1 contract

Samples: Lease (Forefront Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any alterations, additionsphysical additions or improvements in or to the Leased Premises, or improvements (“Alterations”) shall be made to place signs on or in the Leased Premises by Tenant which are visible from outside the Leased Premises, without first obtaining the prior written consent of Landlord, Landlord (which shall not consent may be unreasonably withheld; provided, however, that Tenant, without withheld in Landlord’s prior written consentsole discretion). Notwithstanding the foregoing, but upon Landlord will not less than ten (10) Business Days prior written notice unreasonably withhold its consent to Landlordalterations, may make Alterations (including removal and rearrangement of prior Alterations) which (a) physical additions or changes to the Leased Premises that do not adversely affect any systems or equipment of the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or the Projectother base Building improvements or systems, provided such additions or changes (b) do not affect the structural integrity or any structural components of the Building or the Project, (ci) are not visible from the exterior of the Leased Premises or the Building, (dii) do not require a building permitaffect the exterior of the Building, the structure of the Building or any public areas of the Project, (eiii) do not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00iv) in do not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLegal Requirements, and (fv) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. If Landlord consents to said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are commonly considered consistent reasonably appropriate, including without limitation, requiring Tenant to furnish Landlord with and appropriate security for the Permitted Usepayment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications, and permits for such work. As a condition to LandlordTenant’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterationsmeans and methods shall be subject to Landlord’s written approval. Tenant shall notify furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. (b) The work necessary to make any requested Alterations permitted alterations, improvements, or additions to the Leased Premises shall be done at Tenant’s expense by contractors approved in writingwriting by Landlord (each such contractor hereinafter referred to as an “Outside Contractor”) or, at Landlord’s election, by Landlord (without cost or expense to Landlord). If Landlord does not respond performs any such work, upon completion of such work Tenant shall pay Land lord a fee for Landlord’s supervision and administration of such work equal to such written request within fifteen percent (15%) Business Days following receipt thereof, of the request cost of such work. All work performed by an Outside Contractor shall be deemed disapproved. If performed in a good and workmanlike manner and in compliance with all Legal Requirements, Landlord’s consent is granted to any Alterationsrequirements, then Tenant, within with the provisions of this Section 5.5 and all applicable Project Rules and the construction rules and regulations attached hereto as Exhibit C-2. Tenant shall give Landlord at least ten (10) days after Tenant executes prior written notice before the commencement of any work pursuant to this Section 5.5. Additionally, it shall be Tenant’s responsibility to ensure that the Outside Contractor shall (i) conduct its work in such a manner so as not to unreasonably interfere with any other construction contract occurring on or in the Project or with the transaction of business in the Project; (ii) comply with such reasonable rules and regulations applicable to all work being performed in the Project as may be promulgated from time to time by Landlord; (iii) maintain such insurance and bonds in full force and effect as may be reasonably requested by Landlord or as required by Legal Requirements; and (iv) be responsible for such Alterations, reaching agreement with Landlord as to the terms and as conditions for all contractor items relating to conducting its work. As a condition precedent to Landlord’s approving the commencement of such AlterationsOutside Contractor pursuant hereto, Tenant and the Outside Contractor shall pay deliver to Landlord a construction management fee in an amount equal such assurances or instruments as Landlord may reasonably require to one and one-half percent (1.5%) evidence the Outside Contractor’s compliance or agreement to comply with the provisions of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be clauses (i) initially based upon reasonable estimates of such costs), (ii) subject to verification by Landlord), (iii), and (iiiiv) further subject to adjustment as provided belowof this subsection (b). Landlord may require Tenant retains the right to remove any such Alterations at the expiration or sooner termination make periodic inspections to assure conformity of the Lease Term work of the Outside Contractor with the aforementioned rules and to restore regulations and with the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by plans and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been specifications approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after substantial completion of any Alterationswork by Tenant, Tenant, at Tenant’s cost and expense, shall furnish Landlord “as-built” drawings of such work and shall cause the architect(s) and/or engineer(s) that performed in connection with the work to prepare a report, in form and substance acceptable to Landlord, for the benefit of Landlord, certifying to the compliance of the work constructed by any Outside Contractor with the plans and specifications approved by Landlord. Each Outside Contractor shall not perform and, upon the request of Landlord, whether written or oral, each Outside Contractor shall cease to perform, any activity that is disruptive to the conduct of business within the Project or other tenants or occupants of the Project. (c) Any and all such alterations, physical additions or improvements, when made to the Leased Premises by Tenant or on Tenant’s behalf, shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant fails to remove such movables upon termination of this Lease, Landlord may have the same removed and any resulting damage repaired at Tenant’s expense. In such event, such movables will automatically become the property of Landlord and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant. (d) Tenant shall not allow any liens to be filed against the Leased Premises or the Project in connection with the installation of Tenant’s improvements in, or any repair or alteration work to, the Leased Premises performed by Tenant or an Outside Contractor. If any such liens shall be filed, Tenant shall provide cause the same to be released within five (5) days after the filing thereof by bonding or other method acceptable to Landlord. If Tenant shall fail to timely cancel or discharge said lien or liens as required above, Landlord, at its sole option, may cancel or discharge the same and Tenant shall pay to Landlord with upon demand, Landlord’s cost thereof plus a charge equal to fifteen percent (A15%) a complete set of both hard copies such costs for administrative cost recovery. Upon completion of any such work, Tenant shall deliver to Landlord evidence of payment, contractors’ affidavits and CAD drawings of “as built” plans for such Alterations, (B) a statement full and final waivers of all final liens for, labor, services, or material. Tenant shall indemnify and hold harmless Landlord from all losses, costs, damages, claims and expenses (including attorneys’ fees and costs of designsuits), demolitionliabilities or causes of action arising out of or relating to any alterations, additions or improvements that Tenant or any Outside Contractor makes to the Leased Premises, including any occasioned by the filing of any mechanic’s, materialman’s, construction or other liens or claims (and installation all costs or expenses associated therewith) asserted, filed or arising out of any such Alterationswork. All materialmen, together contractors, artisans, mechanics, laborers and other parties hereafter contracting with all supporting documentation thereforTenant for the furnishing of any labor, (C) copies services, materials, supplies or equipment with respect to any portion of all governmental approvalsthe Leased Premises are hereby charged with notice that they must look solely to Tenant for payment of same and Tenant’s purchase orders, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid contracts and subcontracts in connection therewith must clearly state this requirement. Landlord shall have the right at all times to post and keep posted on the Leased Premises any notices permitted or required by Legal Requirements, or that Landlord shall deem proper for the protection of Landlord, the Leased Premises, the Project and any other party having an interest therein, from liens. Without limiting the generality of the foregoing, Tenant shall repair or cause to be repaired at its expense all damage caused by any Outside Contractor, its subcontractors or their employees. Tenant shall reimburse Landlord for any costs incurred by Landlord to repair any damage caused by any Outside Contractor or any costs incurred by Landlord in requiring any Outside Contractor’s compliance with such Alterations was understatedthe rules and regulations. Additionally, Tenant shall reimburse Landlord for the reasonable costs Landlord may incur to have an amount equal to engineer review all mechanical, structural, electrical, plumbing and life safety systems installed by any Outside Contractor. (e) Tenant agrees specifically that no food, soft drink or other vending machine will be installed within the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofLeased Premises without Landlord’s prior written approval.

Appears in 1 contract

Samples: Lease Agreement (Nobilis Health Corp.)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, additions or improvements (“Alterations”) shall be made to the Premises by Tenant without the Landlord's prior written consent, except for non-structural alterations which do not exceed Twenty Thousand Dollars ($20,000) in cost annually and which are not visible from the outside of the Building. Landlord may require Tenant to provide lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions or improvements constructed in violation of this Paragraph 6.05 (a) upon Xxxxxxxx's written request. All alterations, additions and improvements shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Upon completion of any such work, Tenant shall provide Landlord with "as built" plans. (b) Tenant shall pay when due all valid claims for labor and material furnished to the Premises. Tenant shall give Landlord at least twenty (20) days' prior written notice of the commencement of any work on the Premises, regardless of whether Landlord's consent to such work is required. Landlord may elect to record and post notices of Landlordnon-responsibility on the Premises. In the event that any lien or notice of lien is recorded against the Property as a result of any work performed by or at the request of Tenant, which shall not Tenant shall, within thirty (30) days thereafter, cause such lien or notice of lien to be unreasonably withheldreleased of record; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written Tenant shall have the right to contest such lien or notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems lien by appropriate proceedings if Tenant establishes a bond or equipment other customary security in favor of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, Landlord within such time. (c) are not visible from the exterior Upon termination of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunderthis Lease, Tenant hereby agrees shall not have the right to pay Landlord upon demand for remove any equipment or fixtures installed at the reasonable out-of-pocket costs and expenses of consultantsProperty unless, engineers, architects and others for reviewing plans and specifications and for monitoring the construction prior to installation of any proposed Alterations. Tenant such equipment or fixtures, Xxxxxx shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement writing of such Alterations, shall pay installation and of Tenant's intent to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation retain ownership of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall equipment or fixtures and Xxxxxxxx agrees in writing that such equipment may be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations installed at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become remain the property of Landlord Tenant. Any such equipment or fixtures so installed at the expiration or sooner termination Premises with the written agreement of the Lease. Tenant Landlord shall retain title be considered to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion be "Tenant's Equipment" for purposes of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofSection 6.06 below.

Appears in 1 contract

Samples: Real Estate Lease (Emulex Corp /De/)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, or improvements to the Premises (“Tenant’s Alterations”) shall be made to the Premises by Tenant without the Landlord’s prior written consent of Landlord, which consent shall not be unreasonably withheld, except that no consent shall be required for non-structural interior alterations that (i) do not exceed Fifty Thousand Dollars ($50,000.00) in cost; provided(ii) arc not visible from the outside of the Building; and (iii) do not alter or penetrate the floor slab (except as allowed pursuant to Section 6.09 below) or the roof membrane. All Tenant’s Alterations shall be at Tenant’s sole cost and expense and shall be performed in a good and workmanlike manner, howeverin conformity with all Applicable Laws. Upon completion of any such work, that TenantTenant shall provide Landlord with “as built” plans. Notwithstanding anything to the contrary in this Section, without Tenant must obtain Landlord’s prior written consentconsent for any Tenant’s Alterations that will (or may) be visible from the outside of the Building. Landlord shall have the right, but in its sole discretion, to determine the location of any such visible Tenant’s Alterations and require the screening of such items at Tenant’s sole cost and expense. (b) Tenant shall pay when due all claims for labor and material furnished to the Premises or alleged to have been furnished to or for Tenant at or for use of the Premises. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Premises, regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility in, on or about the Premises, to the extent permitted under Applicable Law. (c) To the extent Landlord’s prior consent is required by this Section 6.05, Landlord may condition its consent to any proposed Tenant’s Alterations on such requirements as Landlord, in its sole discretion, deems necessary or desirable, including without limitation: (i) Tenant’s submission to Landlord, for Landlord’s prior written approval, of all plans and specifications relating to Tenant’s Alterations; (ii) Tenant’s written notice of whether Tenant’s Alterations include the use or handling of any Hazardous Materials; (iii) Tenant’s obtaining, for Landlord’s benefit and protection, of such insurance as Landlord may reasonably require (in addition to that required under Section 4.04 of this Lease);and (iv) Tenant’s obtaining all applicable permits from the governmental authorities and the furnishing of copies of such permits to Landlord before the commencement of work on the subject Tenant’s Alterations. (d) Tenant shall have no power or authority to do any act or make any contract which may create or be the basis for any lien upon not less than the interest of Landlord in the Premises or the Premises, or any portion thereof. Within ten (10) Business Days prior written days following the imposition of any mechanics or other lien or stop notice filed with respect to Landlordthe Premises or the Premises, may make Alterations or any portion thereof, based upon any act of Tenant or of anyone claiming by, through or under Tenant, or based upon work performed or materials supplied allegedly for Tenant, (including removal and rearrangement of prior Alterations) which an “Imposition”), Tenant shall either (a) do not affect any systems cause such Imposition to be released of record by payment, or equipment of the Building or the Project, (b) do not affect in case of a disputed Imposition and dispensation to a final judgment, cause the structural integrity posting of a proper bond (pursuant to Applicable Law under which a court issues an order that discharges the lien) or any structural components provide other security satisfactory to Landlord. Provided that the Imposition is timely released or bonded over, Tenant shall have the right to contest the validity of the Building obligation underlying the Imposition, provided that Tenant shall diligently contest such Imposition and indemnify, defend, and hold Landlord harmless from any and all loss, cost, damage, liability and expense (including attorneys’ fees) arising from or related to it. If Tenant fails to take either action within such ten (10)-day period, Landlord, at its election, may pay and satisfy the ProjectImposition, (c) are not visible in which case the sum so paid by Landlord, with interest from the exterior date of payment at the Buildingrate set forth in Section 4.07 of this Lease, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, Additional Rent due and payable by Tenant within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement Tenant’s receipt of such Alterations, shall pay to Landlord a construction management fee Landlord’s payment demand. Nothing in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee this Lease shall be (i) initially based upon reasonable estimates construed as consent on the part of such costsLandlord to subject the interest and estate of Landlord to liability under any applicable lien law for any reason or purpose whatsoever, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to it being expressly understood that Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning interest and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, estate shall not be deemed trade fixtures subject to such liability and that no person shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title have any right to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of assert any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereoflien.

Appears in 1 contract

Samples: Lease Agreement (MJ Holdings, Inc.)

Alterations, Additions, and Improvements. No (a) Except for the Tenant Improvements identified On Exhibit C attached. hereto and subject to section 3 of rider No. 1,Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, Property without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) except for non- structural alterations which (a) do not affect any systems or equipment of exceed Ten Thousand Dollars ($10,000) in cost cumulatively over the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) Lease Term and which are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction outside of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount building of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided belowthe Property is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this Paragraph 6.05 (a) upon Landlord’s written request. Further, unless the Landlord agrees not to requires removal at the time Landlord grants consent, Landlord may require that all alterations, additions or improvements be removed by Tenant and the Property restored to their condition prior to such Alterations alteration, addition or improvement, at no cost to Landlord, upon the expiration or sooner earlier termination of this Lease. Except with respect to improvements so required by Landlord to be removed, all improvements will remain in the Lease Term and Premises. If consent is not required. Tenant has the right to restore request that Landlord determine the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if removal requirements at such time as Tenant makes submits a written request to Landlord concurrently with Tenant’s request for consent to any AlterationsLandlord. NOTE: All initial Tenant Improvements as identified on the attached Exhibit C, then Landlord shall make its election whether remain in the Property upon the expiration or not to require removal termination of such Alterations, if at all, at the time consent to such Alterations is giventhis Lease. All Alterations to be made to the Premises alterations, additions, and improvements shall be designed by and made under the supervision of done in a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, in conformity with all-applicable laws and shall have been regulations, and by a contractor approved in writing by the City of Sunnyvale and any other applicable governmental agenciesLandlord. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterationsplans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsconstruction contracts, if any, received in conjunction with such Alterations and, and proof of payment for all labor and materials. (Db) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal Tenant shall pay when due all claims for labor and material furnished to the actual Property. Tenant shall give Landlord Supervision Fee at least twenty (based upon 20) days’ prior written notice of the statement commencement of final costs) less any amount previously paid work on the Property, regardless of whether Landlord’s consent to 1000 Xxxxxxxx Xxxxxxxxxx Chapter of the Society of Industrial and Office Realtors, Inc. such work is required. Landlord may elect to record and post notices of non-responsibility on account thereofthe Property.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Isotis Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural components or structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five exceed collectively Fifty Thousand Dollars ($25,000.0050,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetperiod, and (f) are commonly considered consistent with and appropriate for the Permitted Usewithout Lessor’s prior written consent. As a condition to LandlordLessor’s obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant by written notice given on or before the earlier of (i) the expiration of the Lease Term or (ii) thirty (30) days after termination prior to the terms expiration of Section 17.09 hereof; provided the Lease Term of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Tenant makes written request to Landlord concurrently with TenantLessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee’s request and a copy of all plans and specifications for consent to any Alterations, then Landlord shall make its election the proposed Alteration whether or not to it will require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by LandlordLessor, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, and shall have been approved in writing by become the City property of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain ownership thereof)title to all furniture and trade fixtures placed on the Premises. All heating, all Alterations, including, without limitation, all lighting, electrical, heatingair conditioning, ventilation, air conditioning and full height partitioningpartitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Tenant, Lessee together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at Lessor upon the expiration expiration, or sooner termination of the Lease. Tenant , and shall retain title to all furniture and not be deemed trade fixtures placed on the Premisesfixtures. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee, Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 1 contract

Samples: Triple Net Space Lease (Broadvision Inc)

Alterations, Additions, and Improvements. No alterations, additions, A. TENANT has inspected the Premises or improvements (“Alterations”) shall caused an inspection to be made on its behalf, and, notwithstanding such inspection and the provisions of paragraph 11, accepts and is leasing the premises in their "as is" condition as of the date of commencement of the term of this lease and is not relying on any representations or warranties made by PORT or any representative of PORT as to the present or future physical condition of the Premises. B. All capital improvements or any other alteration, addition or improvement on the Premises which may not be removed without substantial injury to the Premises shall become part of the realty, shall be owned by Tenant PORT and shall, at the end of the term hereof, remain on the Premises without compensation to TENANT unless PORT first waives its rights under this lease in writing. C. TENANT is permitted to demolish and remove Pier 5 on the prior written consent Premises, as more particularly described in Exhibit "A", at its sole cost and expense, including, but not limited to, any expense incurred in connection with TENANT's compliance with any law, ordinance, rule or regulation concerning hazardous materials as defined in paragraph 11 herein, subject to the provisions of Landlordthis paragraph. At the time of such demolition and removal, TENANT is permitted to sell the gantry cranes which are located on said pier as of the Commencement Date of this lease. All proceeds from this sale may be retained by TENANT, in an amount not to exceed TENANT's actual costs of demolition and removal of Pier 5. Any proceeds from the sale of said cranes located on Pier 5 on the Premises in excess of TENANT's actual costs of demolition and removal shall be paid to PORT. Within ninety (90) days after the completion of the demolition and removal of Pier 5, TENANT shall furnish to PORT a statement of TENANT'S expenditures for said removal and demolition. TENANT shall also furnish to PORT within ninety (90) days of the sale of the cranes on Pier 5 a statement of the proceeds from said sale (hereinafter called "Accounting Statements"). Each Accounting Statement shall be signed and certified as accurate and complete on behalf of TENANT by an authorized officer of TENANT. TENANT shall keep and maintain on the Premises or at a location elsewhere in the City and County of San Francisco for a period of three full Lease Years, a complete set of books of accounts, records, receipts and other documentation supporting TENANT'S expenditures for said removal and demolition, and the proceeds of the sale of cranes, which shall not be unreasonably withheld; provided, however, kept in accordance with generally accepted accounting principles and shall be open for inspection by the PORT or its auditors during regular business hours and upon reasonable notice. PORT shall keep any information derived from the Accounting Statements confidential to the fullest extent permitted by law. If the PORT should determine that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement there has been a deficiency in the payment of prior Alterations) which (a) do not affect any systems or equipment proceeds of the Building or crane sale to the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible PORT resulting from the exterior overstatement of the BuildingTENANT'S expenditures, (d) do not require this will constitute a building permitmaterial breach of this lease. D. All alterations, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance additions or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made improvements to the Premises shall be designed by subject to the following conditions, which TENANT covenants to observe and made under the supervision of a California licensed architect and/or California licensed structural engineer perform: (each of whom has been approved by Landlord1) and No work shall be made undertaken until TENANT shall have procured and paid for all PORT, municipal and other governmental permits and authorizations of the various municipal departments and governmental agencies having jurisdiction, including, but not limited to, any building or similar permits required by PORT or its Chief Harbor Engineer in accordance the exercise of its jurisdiction with plans and specifications which have been furnished respect to and approved by Landlord in writing prior to commencement of work. PORT lands. (2) All Alterations work shall be constructed done in a good and installed, at the sole cost workmanlike manner and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the applicable building and zoning laws and terms of and conditions imposed on any permit or authorization for the Premises. (3) All work shall be prosecuted to completion with reasonable dispatch, unavoidable delays excepted. (4) At the completion of the Work Letterany work described in this paragraph, including but not limited TENANT shall furnish one (1) set of reproducible "as-built" drawings of all alterations, additions or improvements made to the “Specifications” Premises so that PORT shall at all times have a complete set of reproducible "as-built" drawings of all work done to or on the Premises. E. Nothing contained in this paragraph shall limit the right of TENANT to install and “Requirements” set forth therein, along with all applicable laws, remove trade fixtures and equipment in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, and PORT disclaims any ownership interest in such trade fixtures and equipment. Any damage to the Premises occasioned by such installation or removal shall be repaired at the cost of TENANT. The buildings, fences, piers, parking lots and similar structures and appurtenances shall not be deemed regarded as trade fixtures but as "improvements". F. At PORT's election, TENANT shall be obligated at its own expense to demolish and remove any and all alterations, additions and improvements that TENANT has made which are not or will not be reasonably capable of continued occupancy for the purposes described in paragraph 7 of this lease without substantial repairs or renovations following the termination of this lease. G. Within ninety (90) days but not less than sixty (60) days prior to the termination of this lease, unless termination should be the result of loss or destruction of the improvements, in which event only written notice shall become be required of PORT, PORT shall advise TENANT as to which improvements or portions of improvements it elects to have demolished and removed in accordance with subparagraph F. In the property of Landlord at event that removal or demolition is required under subparagraph F and TENANT fails to make such demolition and removal within sixty (60) days after the expiration or sooner prior termination of this lease, PORT may perform such work at TENANT's expense. H. In addition to any other remedy available to PORT, PORT may require TENANT to remove, at TENANT's expense, any or all alterations, additions or improvements not approved by PORT under the Leaseprovisions of this paragraph; and PORT may require TENANT to repair in good workmanlike fashion any damage occasioned thereby at TENANT's expense. Tenant TENANT shall retain title pay to PORT all special inspection fees as set forth in the San Francisco Building Code for inspections of work performed without required permits. I. At any termination of this lease, TENANT shall leave the Premises free and clear of all debris and in as good condition as when leased and subsequently improved, excepting reasonable wear and tear and damage caused by uninsured casualty loss for which the TENANT is not responsible. TENANT shall repair any damage to the Premises for which TENANT is liable under this lease, subject to such adjustments as may be mutually agreed by the parties hereto in writing. If TENANT fails to remove any improvements, equipment, furniture and or trade fixtures placed on when requested to do so by PORT or fails to leave the Premisesproperty in the condition required herein, PORT may remove such items and correct such condition at TENANT's expense and charge said costs against the guarantee deposit. Within thirty (30) days after completion of TENANT shall be required to pay any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if expenses or portions thereof not compensated by the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofguarantee deposit.

Appears in 1 contract

Samples: Lease (United States Marine Repair Inc)

Alterations, Additions, and Improvements. No (a) Provided that Tenant’s use of the Property is consistent with the Permitted Use and in compliance the other terms of this Lease, Tenant may make any alterations, additions, or improvements to the Property and the initial Improvements (“Tenant’s Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent. Notwithstanding the above, but upon not less than ten (10) Business Days prior written notice to Tenant and Landlord acknowledge and agree that Landlord, may make Alterations (including removal ’s limited consent and rearrangement of prior Alterations) which (a) do not affect any systems or equipment approval of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit initial Improvements shall be applicable with respect to paint or carpet, governed by Article Fourteen below and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, attached Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed AlterationsWork Letter. Tenant shall notify Landlord promptly remove any Tenant’s Alterations constructed in violation of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15this Section 6.05(a) Business Days following receipt thereof, the request shall be deemed disapproved. If upon Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided belowwritten request. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with All Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, performed in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in a good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance conformity with this Section 6.03 all Applicable Laws. (in which case b) Tenant shall retain ownership thereof), pay when due all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning claims for labor and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of material furnished to the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the LeaseProperty. Tenant shall retain title to all furniture and trade fixtures placed give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the PremisesProperty, regardless of whether Landlord’s consent to such work is required. Within thirty (30) days after completion of Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2015) (the “Posted Security Requirements”). Concurrently with Landlord’s delivery of this Lease to Tenant for execution, Landlord may elect to provide Tenant with a separate written notice of the Posted Security Requirements, which shall provide include an acknowledgement of Tenant (the “Notice and Acknowledgement”). If so provided, Tenant agrees to promptly sign and return the Notice and Acknowledgment to Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together further agrees to strictly comply with all supporting documentation therefor, (C) copies other requirements of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.Nev. Rev.

Appears in 1 contract

Samples: Land Lease (Switch, Inc.)

Alterations, Additions, and Improvements. No LESSEE may erect such alterations, additions, and improvements inside the premises as it desires only upon receiving the prior written consent of LESSOR, which consent shall not be unreasonably withheld or delayed. Minor alterations, additions and improvements will not require the prior written consent of LESSOR. All such alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which performed in a workmanlike manner and shall not be unreasonably withheld; providedweaken or impair the structural strength or lessen the value of the building and the premises, howeveror change the purposes for which the building, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlordor any part thereof, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems be used. Any such alterations, additions, or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit improvements shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, erected at the sole cost and expense of TenantLESSEE, and LESSEE shall have no right, authority, or power to bind LESSOR or any interest of LESSOR in the Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith. LESSEE shall in no way be considered the agent of LESSOR in the erection, construction, operation and maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by California licensed contractors approved by Landlordwritten agreement between the LESSEE and Lessor. "Trade fixtures" put in at the expense of LESSEE, in compliance shall remain upon and be surrendered with the terms and conditions premises as a part thereof, at any termination of the Work Letterthis lease, including but not limited to the “Specifications” and “Requirements” set forth thereinfor any cause, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord the LESSOR. LESSEE shall not allow any mechanic or materialmen liens to be filed against the Leased Premises or any part thereof for work performed by or on behalf of LESSEE. If any such lien is filed, LESSEE shall immediately cause such lien to be released by posting an appropriate bond or paying the claim that is the basis for the lien. LESSEE is leasing the Leased Premises in an as is condition except for the improvements to be constructed by LESSOR (at the expiration or sooner termination of the Lease. Tenant shall retain title LESSOR'S sole expense) listed in EXHIBIT "C" attached to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofthis lease.

Appears in 1 contract

Samples: Lease Agreement (Sportsmans Guide Inc)

Alterations, Additions, and Improvements. No (a) Landlord acknowledges that Tenant intends to make substantial alterations, additions, or additions and improvements (“Alterations”) shall be made to the Premises by Property. Prior to commencing any work on the Property, Tenant without the prior written consent of shall deliver proposed plans and specifications to Landlord, which shall be subject to Landlord's approval in the exercise of its reasonable discretion. If Landlord fails to approve or disapprove such plans and specifications within five (5) business days of receipt of them, Landlord shall be deemed to have approved them. All such alterations, additions and improvements shall be done in full compliance with all governmental rules and regulations and shall be performed by a licensed contractor. Throughout the term of the Lease, as such may be extended, Tenant may choose to construct or modify additions and/or alterations on the Property. Landlord acknowledges Tenant's improvements may require HVAC, plumbing, vent and/or exhaust penetrations through the roofing system, which penetrations shall be properly waterproofed by Tenant in such a manner as is reasonably acceptable to Landlord and as shall not invalidate Landlord's roofing bond, if any, and/or warranty. In the construction of its improvements, Tenant may use any fixtures or installations currently on the Property (the "Landlord's Fixtures") and, subject to Landlord's approval in the exercise of its reasonable discretion, may move them from their current location on the Property to other locations on the Property. To the extent any of the Landlord's Fixtures are not used or anticipated to be used during Tenant's alteration process, they shall be returned to Landlord at the Property. Tenant, at Tenant's sole cost and expense, shall be responsible for making any and all additions, alterations and improvements necessary to allow Tenant to lawfully use the Property for the permitted use specified in Paragraph 1.6 of the Lease (the "Tenant Improvements"). Construction of the Tenant Improvements by Tenant shall at all times be subject to the following conditions: (i) Prior to commencing any work, Tenant shall submit for Landlord's approval detailed plans and specifications for the Tenant Improvements to be made by Tenant, which approval shall not be unreasonably withheld. If Landlord fails to approve or disapprove such plans and specifications within five (5) business days of receipt of them, Landlord shall be deemed to have approved them. (ii) Landlord shall also have the right to approve the contractors to be used by Tenant for Tenant Improvements, which approval shall not be unreasonably withheld. (iii) Tenant's work shall comply with the provisions of all applicable governmental codes and regulations, and, prior to commencing any work, Tenant shall deliver to Landlord copies of all governmental permits and authorizations which may be required in connection with the use of the Property and construction of the Tenant Improvements. (iv) Tenant shall (and shall require that all contractors) comply with all applicable provisions of the Florida Mechanics' Lien Law, and the provisions of this Section 6.5. (v) Tenant's work shall be subject to Landlord's periodic review. (vi) Tenant's contractors must procure workmen's compensation insuraxxx xovering all persons employed in connection with the work who might assert claims for death or bodily injury; providedand no work shall be commenced until Landlord shall have received copies of certificates of insurance confirming the existence of such insurance coverage. The amount of such insurance coverage shall be in accordance with statutory requirements and mandates. (vii) Prior to commencing any work, howeverTenant shall obtain, that for the benefit of Landlord or any holder of a mortgage given by Landlord encumbering the Project, such additional liability, property damage and casualty insurance as Landlord or such other party may reasonably require because of the nature of the work to be done by Tenant, without Landlord’s prior written consent, but upon not less than ten . (10b) Business Days Tenant shall pay when due all claims xxx xxbor and material furnished to the Property. Tenant shall give Landlord at least twenty (20) days' prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building commencement of any work on the Property, regardless of whether Landlord's consent to such work is required. Landlord may elect xx xxxxxd and post notices of non-responsibility on the Property. In accordance with the applicable provisions of the Florida Mechanic's Lien Law and specifically Florida Statutes, Section 713.10, no interest of Landlord in the Property, or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit leasehold interest aforesaid shall be applicable subject to liens for improvements made by Tenant or caused to be made by Tenant hereunder. Further, Tenant acknowledges that Tenant, with respect to paint improvemexxx xr alterations made by Tenant or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations caused to be made by Tenant hereunder, shall promptly notify the contractor making such improvements to the Premises shall be designed Property of this provision exculpating Landlord's liability for such liens. Notwithstanding the foregoing, if any mechanic's lien or other lien, attachment, judgment, execution, writ, charge or encumbrance is filed against the Property or the Project or this leasehold, or any alterations, fixtures or improvements therein or thereto as a result of any work, action, or inaction done by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, or at the sole cost and expense direction of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions Tenant will discharge same of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within record within thirty (30) days after completion aftxx xxx filing thereof, failing which Tenant will be in default under the Lease. In such event without waiving Tenant's default, Landlord, in addition to all other rights and remedies, without further notice, may discharge the same of any Alterationsrecord by payment, bonding or otherwise, as Landlord may elect, and upon request, Tenant will reimburse Landlord for all costs and expenses so incxxxxx by Landlord. It is understood and agreed between the parties hereto that the expenses, costs and charges referred to above shall provide Landlord with (A) a complete set of both hard copies be considered as Additional Rent due and CAD drawings of “as built” plans shall be included in any lien for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofrent.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Genetic Vectors Inc)

Alterations, Additions, and Improvements. No Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements (“Alterations”) shall be made in or to the Premises by or placement of any signs in the Premises which are visible from outside the Premises (collectively, “Tenant Work”), without obtaining the prior written consent of Landlord, Landlord which shall not may be unreasonably withheld; provided, however, that Tenant, without withheld in Landlord’s prior written consentsole discretion. Notwithstanding the foregoing, but upon Landlord will not less than ten unreasonably withhold its consent to Tenant Work that: (10i) Business Days prior written notice to Landlord, may make Alterations (including removal is non-structural and rearrangement of prior Alterations) which (a) do does not adversely affect any systems Building Systems or equipment of the Building or the Projectimprovements, (bii) do not affect the structural integrity or any structural components of the Building or the Project, (c) are is not visible from the exterior of the BuildingPremises, (diii) do does not require a building permitaffect the exterior of the Building or any Common Areas, (eiv) do does not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00v) in does not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLaws, and (fvi) are commonly considered consistent will not interfere with the use and appropriate for occupancy of any other portion of the Permitted UseProject by any other tenant or occupant of the Project. As a condition to LandlordTenant’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of any proposed Alterationsthe Building. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management oversight fee in an amount equal to one and one-half five percent (1.55%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; provided, however, that such fee shall not apply to construction of any Initial Improvements. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by California licensed contractors approved Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in compliance with paper and in electronic format acceptable to Landlord) or a finish schedule in the terms and case of only cosmetic work after completion of such Tenant Work. Landlord may impose such conditions of the on Tenant Work Letteras are reasonably appropriate, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all lightingcosts to be incurred in connection with such Tenant Work, electricalinsurance covering Landlord against liabilities which may arise out of such work, heatingplans and specifications, ventilationand permits for such Tenant Work. Any and all Tenant Work, air conditioning excluding furniture, personal property, and full height partitioningtrade fixtures, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the termination or expiration of this Lease for any reason, unless Landlord shall require removal or sooner termination of the Leaserestoration by Tenant. Tenant shall retain title not allow any liens to all furniture and trade fixtures placed on be filed against the PremisesPremises or the Project in connection with any Tenant Work. Within thirty If any liens are filed, Tenant shall cause the same to be released within five (305) business days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. XXXXX 25 (or its equivalent) certificates of insurance evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any AlterationsTenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall provide Landlord with (A) a diligently complete set of both hard copies and CAD drawings of “as built” plans for all such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofpunch list items.

Appears in 1 contract

Samples: Lease Agreement (ADS Tactical, Inc.)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made 9.1. All of Tenant's fixtures and non-movable office furniture and equipment attached to the Premises by Tenant without bull ding shall remain the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment property of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term lease term, and to restore Tenant shall promptly repair all damage caused by removal of any property by Tenant. All property on the Leased Premises to their prior condition pursuant in the nature of trade fixtures and any alteration or addition to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Leased Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth thereinwall-to-wall carpeting, along with all applicable lawsdrywall partitions, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale paneling or other wall covering) and any other applicable governmental agencies. Subject article attached or affixed to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof)the floor, all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part wall or ceiling of the Premises, shall not be deemed trade fixtures and Leased Premises shall become the property of Landlord and shall be surrendered with the Leased Premises as part thereof at the termination of this Lease, without payment or compensation therefor. If, however, Landlord so requests in writing, Tenant will, prior to vacating the premises upon the termination or expiration of this Lease, remove any or all alterations, additions, fixtures, equipment and property placed or installed by it in the Leased Premises and will repair any damage caused by such removal. Any property of Tenant not removed within five (5) days after expiration or sooner other termination of this Lease shall be deemed the Leaseproperty of Landlord and Landlord shall have no duty of any nature to Tenant with respect to any such property remaining on the Leased Premises regardless of the value, use, importance, type, quality or quantity of the property and/or its importance to Tenant or anyone else. 9.2. Tenant shall retain title not have the right to all furniture make any alterations or improvements to the Leased Premises or any part thereof. However, Landlord shall agree to alterations if each of the following conditions are met: (a) All plans and trade fixtures placed on specifications for the Premisesproposed alteration or improvement must be submitted to the Landlord for his prior written approval. Within thirty [ILLEGIBLE] --------------- LN [ILLEGIBLE] --------------- TN (30b) days after completion of All such alterations or improvements shall be performed by Landlord at Tenant's expense in accordance with a separate agreement or at Landlord's discretion any Alterationssuch improvements or alterations by Tenant shall be done at Tenant's expense, by a licensed contractor approved by Landlord. If requested by Landlord, Tenant will post a bond or other security reasonably satisfactory to Landlord to protect Landlord against liens arising from work performed by Tenant. (c) No alteration or improvement shall provide Landlord with (A) a complete set of both hard copies be undertaken until Tenant shall have procured all permits, licenses and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsother authorizations, if any, received required for the lawful and proper undertaking thereof. Landlord agrees to join in conjunction the application for such permission or authorization whenever such action is necessary. (d) Landlord will complete the Leased Premises substantially in accordance with the plans and specifications to be approved by both Tenant and Landlord. In the event the cost of improvements or finishing Leased Premises exceeds the Landlord's allowance for same, the cost in excess of such Alterations and, (D) if the Landlord Supervision Fee allowance will be paid in connection with advance by the Tenant, the amount of such Alterations was understatedadvance payment to be determined on the basis of Landlord's estimate of the total cost of finishing the Leased Premises, an amount equal such estimates to be based on the aforementioned plans and specifications. Cost will include but not be limited to direct and indirect construction cost, permit fees, architectural fees, applicable insurance premiums, and any other cost directly attributable to finishing the Leased Premises. Any advance payment received by Landlord from Tenant in excess of Tenant's portion of the cost of finishing the Leased Premises will be refunded to Tenant by Landlord after a final accounting of the total cost of said Leased Premises is completed by Landlord, but in any event, not later than ninety (90) days after occupancy of the Leased Premises by Tenant. (e) Landlord makes no representations or warranties as to the actual sufficiency of the plans and specifications to meet the requirements of Tenant's business. Prior to or during Landlord's construction activities, the parties may agree upon changes in the plans and specifications. If any change in the plans or specifications increases the cost of work or materials or the time required for completion of construction, Tenant shall reimburse Landlord Supervision Fee for such increase in cost at the time the increased cost is incurred and shall reimburse Landlord for any loss in rent at the time the rent would have become due. (based upon f) Landlord shall not be responsible for any loss for Tenant improvements at any time. (g) Tenant, its employees, contractors, agent and invitees shall not have any claim against Landlord for any bodily injury or property damage arising during or from construction activities. (h) All alterations and improvements when completed shall be of such a nature as not to reduce or otherwise adversely affect the statement value of final costs) less any amount previously paid the Leased Premises, nor to Landlord on account diminish the general utility or change the general character thereof.. [ILLEGIBLE] --------------- LN [ILLEGIBLE] --------------- TN

Appears in 1 contract

Samples: Lease Agreement (Globalnet Financial Com Inc)

Alterations, Additions, and Improvements. No alterations, (a) Tenant shall not make any alterations additions, additions or improvements (“Alterations”) shall be made to the Premises by Tenant Property (other than the Leasehold Improvements to be constructed in accordance with the terms and conditions set forth in Section 6.02(c)) without the prior written consent of Landlord, Landlord (which consent shall not be unreasonably withheld, delayed or conditioned as to interior, non-structural alterations); provided, however, that TenantTenant may, without Landlord’s prior written 's consent, but upon make alterations which are nonstructural in character and the cost of which does not less than ten exceed $100,000 during any calendar year of the Term of the Lease (10) Business Days prior written notice to Landlord"Permitted Non-Structural Alterations"). Tenant, at its own cost and expense, may make Alterations (including removal erect such shelves, bins, machinery and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of trade fixtures as it desires. Notwithstanding the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereofforegoing, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement installation of such shelves, bins, machinery, trade fixtures and all alterations, additions and improvements, including without limitation Permitted Non-Structural Alterations, shall pay be subject to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be conditions that: (i) initially based upon reasonable estimates such items do not alter the basic character of such costs, the Property; (ii) subject to verification by Landlord, and such items do not overload or damage the Property; (iii) further subject to adjustment as provided below. Landlord such items may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant be removed without injury to the terms of Section 17.09 hereofProperty; provided thatand (iv) the construction, if Tenant makes written request to Landlord concurrently erection or installation thereof complies with Tenant’s request for consent to any Alterationsall applicable governmental laws, then Landlord shall make its election whether or not to require removal of such Alterationsordinances, if at all, at the time consent to such Alterations is givenregulations and with Landlord's specifications and requirements. All Alterations alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant (other than the Leasehold Improvements to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made constructed in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions set forth on Exhibit "C") shall be removed on or before the earlier to occur of the Work Letterdate of termination of this Lease or vacating of the Property by Tenant, including but not limited at which time Tenant shall restore the Property to the “Specifications” condition as existed upon completion of the initial Leasehold Improvements, reasonable wear and “Requirements” set forth thereintear excepted. All alterations, along with all applicable lawsinstallations, removals and restoration shall be performed in a good and workmanlike mannermanner so as not to damage or alter the primary structure or structural qualities of the Building and other improvements situated on the Property. Notwithstanding anything to the contrary contained herein, but subject to the provisions of Section 6.06(b), it is agreed that the use of and shall have been approved access to the roof of the Building is expressly reserved to Landlord and is expressly denied to Tenant (except in writing by order to permit Tenant to discharge its obligations to repair, maintain and service the City HVAC unit situated on the roof of Sunnyvale and any the Building or to comply with Tenant's other applicable governmental agenciesobligations under this Lease). Subject to Landlord’s Section 6.06(b), Tenant shall not penetrate the roof of the Building in any manner, nor install or construct any alterations, additions or improvements thereon, nor otherwise use or occupy the roof at any time during the Term hereof (except such use and occupation of the roof as is necessary in order to permit Tenant to comply with the provisions of this Lease). (b) Tenant shall have the right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part install satellite and/or microwave antenna on the roof of the Premises, shall not be deemed trade fixtures Building and shall become elsewhere in the property Building for the reception and transmission of Landlord at the expiration or sooner termination of the Leaseelectromagnetic signals. Tenant shall retain title be responsible at Tenant's sole cost and expense for the cost of installation and maintenance of such equipment. Landlord shall have the right to approve the location, method of installation, size and shielding requirements, such approval not to be Tenant JJ Landlord JH 20 unreasonably withheld, delayed or conditioned; provided that any roof penetrations shall be performed by Landlord's roofing contractor, at Tenant's expense, in such manner as not to adversely affect the roof guarantee. Such installation and use shall be subject to all furniture required government approvals and trade fixtures placed shall not interfere with Building systems. (c) Tenant shall pay when due all claims for labor and material furnished to the Property. Tenant shall give Landlord at least twenty (20) days' prior written notice of the commencement of any work on the PremisesProperty, regardless of whether Landlord's consent to such work is required. Within thirty (30) days after completion Landlord may elect to record and post notices of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if non-responsibility on the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofProperty.

Appears in 1 contract

Samples: Lease Agreement (Icon Health & Fitness Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) 5.4.1 Tenant shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenantnot, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlordmake any alterations, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems improvements, or equipment of additions in, on, or about the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted UsePremises. As a condition to Landlord’s obligation to consider any request for consent hereundergiving such consent, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require that Tenant to remove any such Alterations alterations, improvements, additions, or utility installations at the expiration or sooner termination of the Lease Term Term, and to restore the Premises to their prior condition pursuant condition. 5.4.2 Before commencing any work relating to alterations, additions, and improvements affecting the terms Premises, Tenant shall notify Landlord in writing of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then the expected date of commencement thereof. Landlord shall make its election whether then have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises and Landlord from mechanics’ liens, materialmen’s liens, or any other liens. In any event, Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises. Tenant shall not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations permit any mechanics’ or materialmen’s liens to be made to levied against the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which for any labor or material furnished to Tenant or claimed to have been furnished to and approved Tenant or to Tenant’s agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, or at the sole cost and expense direction of Tenant. 5.4.3 Unless Landlord requires their removal, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” as set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof)Article 5.4.1, all Alterationsalterations, includingimprovements, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations or additions which may be made by Tenant, together with all property that has become an integral part of on the Premises, shall not be deemed trade fixtures and Premises shall become the property of Landlord and remain upon and surrendered with the Premises at the expiration or sooner termination of the LeaseTerm. Notwithstanding the provisions of this Article 5.4.3, Tenant’s machinery, equipment, and other trade fixtures 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 and may be removed by Tenant subject to the provisions of Article 5.2. 5.4.4 All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner, in compliance with all applicable laws, regulations, and governmental requirements, and the requirements of any contract or deed of trust to which the Landlord may be party. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security reasonably satisfactory to Landlord against any such loss, liability or damage. 5.4.5 Tenant agrees that all venting, opening, sealing, waterproofing or any altering of the roof of the Premises shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterationsbe performed by Landlord’s roofing contractor, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation or other contractor approved in advance of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofwork by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Bolt Technology Corp)

Alterations, Additions, and Improvements. No 8.1. Lessor shall prepare the Premises in accordance with Exhibit A at Lessee's expense. All such alterations, additionsadditions and improvements shall become the property of Lessor. 8.2. Upon Lessor's completion of the work provided for in Section 8.1., or at such earlier time as Lessor may agree, Lessee may make such other improvements (“Alterations”) to the Premises in preparation for and in the conduct of its business as Lessee deems necessary and/or appropriate, at Lessee's expense. Lessee, however, shall make no further alterations to and/or additions to the Premises without Lessor's prior written consent. Lessee warrants that any and such alterations, additions and/or improvements made pursuant to this subsection shall be made in a good, workmanlike manner and in full and complete compliance with all laws, rules, regulations, and ordinances and in satisfaction of the requirements of such building, fire, safety, health and other codes as may now be or hereafter become applicable, without cost to Lessor. All alterations, additions and improvements shall become the property of the Lessor; however, upon written notice by Lessor to Lessee, Lessee shall remove such alterations, additions and improvements prior to the Premises by Tenant without the prior written consent expiration of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal this Lease and/or renewal term and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior original condition pursuant at Lessee's expense. 8.3. If any mechanics lien, materialmen's lien or other lien is filed against the Premises, the Building, the property upon which the Building is located and/or any portions thereof, by reason of any work, labor, equipment, materials and/or services, furnished and/or alleged to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installedor for Lessee or for any changes, at the sole cost and expense of Tenantalterations, by California licensed contractors approved by Landlordadditions, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations improvements and/or repairs made by TenantLessee, together with all property that has become an integral part Lessee shall cause said lien to be released of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty record within five (305) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation the filing of such Alterationslien. Lessee shall further indemnify and hold Lessor harmless from any and all claims, together with all supporting documentation therefordemands, (C) copies suits, actions, losses, liability and damages arising out of all governmental approvals, if any, received in conjunction with and/or relating to any such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement lien or claim of final costs) less any amount previously paid to Landlord on account thereoflien.

Appears in 1 contract

Samples: Lease Agreement (Easton Bancorp Inc/Md)

Alterations, Additions, and Improvements. No LESSEE may erect such alterations, additions, and improvements inside the premises as it desires only upon receiving the prior written consent of LESSOR, which consent shall not be unreasonably withheld or delayed. Minor alterations, additions and improvements will not require the prior written consent of LESSOR. All such alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which performed in a workmanlike manner and shall not be unreasonably withheld; providedweaken or impair the structural strength or lessen the value of the building and the premises, howeveror change the purposes for which the building, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlordor any part thereof, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect be used, any systems such alterations, additions, or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit improvements shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, erected at the sole cost and expense of TenantLESSEE, and LESSEE shall have no right, authority, or power to bind LESSOR or any interest of LESSOR in the Leased Premises, for the payment of any claim for labor or materials or for any charge or expense incurred in the erection, construction, or maintenance of such improvements, nor to render said Leased Premises liable for any lien for labor, material, or any other charge incurred in connection therewith, and LESSEE shall in no way be considered the agent of LESSOR in the erection, construction, operation and maintenance of said improvements, including electrical, plumbing and anything screwed, bolted or attached to the building, unless specifically excluded by California licensed contractors approved by Landlordwritten agreement between the LESSEE and LESSOR except "trade fixtures" put in at this expense of LESSEE, in compliance shall remain upon and be surrendered with the terms and conditions premises as a part thereof, at any termination of the Work Letterlease, including but not limited to the “Specifications” and “Requirements” set forth thereinfor any cause, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration LESSOR. LESSEE shall not allow any mechanic or sooner termination of materialman liens to be filed against the LeaseLeased Premises or any part thereof for work performed by or on behalf of, LESSEE. Tenant If any such lien is filed, LESSEE shall retain title immediately cause such lien to all furniture be released by posting an appropriate bond or paying the claim which is the basis for the lien. LESSEE is leasing the demised premises in an as is condition except for the improvements to be constructed by LESSOR listed in EXHIBIT "C" attached to this lease and trade fixtures placed on the Premises. Within thirty LESSOR'S representations set forth in subsection 3 (30c) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofhereof.

Appears in 1 contract

Samples: Sublease (Sportsmans Guide Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s 's prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations reserves the right at the expiration or sooner earlier termination of the Lease Term to require that any alterations, additions or improvements constructed by or for Tenant and to restore the Premises to their prior condition with or without Landlord’s consent be removed, in which event Tenant shall promptly remove any such alterations, additions, or improvements upon Landlord's written request and repair any damage caused by such removal. All alterations, additions, and improvements shall be done pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been plans approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved writing by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlordadvance, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in a good and workmanlike manner, and shall have been approved using only new materials, in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together conformity with all property that has become an integral part of the PremisesApplicable Laws and by a licensed California contractor approved by Landlord, which approval shall not be deemed trade fixtures unreasonably withheld and such contractor shall become the property of Landlord at the expiration or sooner termination of the Leasemaintain liability, workmen’s compensation and other insurance in amounts as may be reasonably required and approved by Landlord. Tenant shall retain title be responsible, at Tenant’s sole cost and expense, for obtaining any and all permits and approvals required for any alterations, additions or improvements to all furniture be performed by Tenant and trade fixtures placed on the Premisesshall deliver a copy of same to Landlord upon receipt by Tenant. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set proof of both hard payment for all labor and materials and copies of all construction contracts, and CAD drawings of to the extent available, “as built” plans plans. If so requested by Landlord, Tenant agrees to prepare a Notice of Completion, in statutory form, for filing by Landlord, promptly after completion of any such Alterations, improvements by Tenant. (Bb) a statement of Tenant shall pay when due all final costs of design, demolition, construction claims for labor and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal material furnished to the actual Premises. Tenant shall give Landlord Supervision Fee at least twenty (based upon 20) days’ prior written notice of the statement commencement of final costs) less any amount previously paid work on the Premises, regardless of whether Landlord’s consent to such work is required. Prior to the commencement of any work, Tenant shall provide Landlord on account thereofwith a fully executed original of the Contractor’s Indemnity from Tenant’s contractors, in the form attached hereto as Exhibit C and made a part hereof. Landlord may elect to record and post notices of non-responsibility at the Premises.

Appears in 1 contract

Samples: Lease Agreement (iPower Inc.)

Alterations, Additions, and Improvements. No Lessee covenants and agrees not to permit the Leased Premises to be used for any purpose other than that stated in the Use clause hereof, or make or allow to be made any alternations or physical additions in or to the Leased Premises which are in each instance in excess of Ten Thousand and No/100 Dollars ($10,000.00) or make any material alterations to the structural, mechanical or electrical components serving the Leased Premises without first obtaining the written consent of Lessor, which written consent shall not be unreasonably withheld or delayed. Any and all permanent alterations, additions, or and improvements (“Alterations”) shall be made including without limitation, partitions, wall-to-wall carpeting, paneling, wall coverings and any other article permanently attached or affixed to the Premises by Tenant without the prior written consent of Landlordfloor, which shall not be unreasonably withheld; providedwall, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior ceiling of the Building, (dbut excluding Lessee's unattached and removable trade fixtures, office supplies, furniture and equipment) do not require a building permitshall immediately upon the installation or construction thereof, (e) do not involve or attachment or affixing thereto, become the expenditure property of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLessor, at Lessor's option, and if costing in excess of $10,000 or constituting a material alteration, shall (fi) are commonly considered consistent be installed in accordance with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations approved in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costsadvance by Lessor, (ii) subject to verification by Landlordbe installed strictly in accordance with all laws and ordinances relating thereto, and (iii) further subject remain upon and be surrendered with the Leased Premises as a part thereof at the expiration or sooner termination of this Lease, Lessee hereby waiving all rights to adjustment as any payment, credit or compensation therefor. Lessee may remove its removable trade fixtures, office supplies, furniture, inventory, raw materials and equipment provided below. Landlord may require Tenant (a) such removal is made prior to remove any the expiration or termination of the Lease Term; and (b) Lessee promptly repairs all damage caused by such Alterations at removal in a good and workmanlike manner using materials of similar quality to those being repaired prior to the expiration or sooner termination of the Lease Term Term, and if Lessee fails to restore remove the Premises to their same prior condition pursuant to the terms expiration or termination of Section 17.09 hereof; provided thatthe Lease Term, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterationssuch unattached and removable trade fixtures, then Landlord shall make its election whether or not to require removal of such Alterationsoffice supplies, if at allfurniture and equipment, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision election of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the PremisesLessor, shall not be deemed trade fixtures and shall automatically become the property of Landlord at Lessor, Lessee hereby waiving all right to any payment, credit or compensation therefor and all rights thereto, unless the expiration failure to remove such items is subject to an agreement between Lessor and Lessee or sooner termination is as a result of the Lease. Tenant shall retain title Lessor's taking possession of same or denying access to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 1 contract

Samples: Lease Contract (Charys Holding Co Inc)

Alterations, Additions, and Improvements. No alterations, additions, Lessee shall not make or improvements (“Alterations”) shall allow to be made any alterations or physical additions in or to the Premises by Tenant without first obtaining the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld; providedwithheld or delayed, however, except that Tenant, without Landlord’s prior written consent, but upon Lessee shall not less than ten (10) Business Days prior written notice be required to Landlord, may make Alterations (including removal and rearrangement obtain Lessor's consent for alterations or additions to the Premises the cost of prior Alterations) which (a) do not affect any systems exceed $10,000.00 in the aggregate, provided such alterations or equipment of the Building or the Project, (b) additions do not affect the structural integrity or any structural components of the Building or the Projectmechanical systems thereof. Lessor shall not be liable as a result of any such consent for completeness, (c) are not visible design sufficiency, or compliance with any law, ordinance, order, rule, or regulation and Lessee shall indemnify, defend and hold Lessor harmless from all claims, demands, damages, causes of action or litigation, arising out of or resulting from such consent. Prior to performing any alterations or additions with the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunderconsent, Tenant hereby agrees Lessee must submit to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing Lessor detailed plans and specifications for the proposed alterations or physical additions. Any and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereofall alterations, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterationsadditions or improvements, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination other than that portion of the Lease Term and initial tenant improvements which are to restore the Premises to their prior condition be provided by Lessor pursuant to the terms of Section 17.09 hereof; provided thatExhibit "B" hereto, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if be made at all, at the time consent to such Alterations is givenLessee's sole expense. All Alterations to be made to such alterations, additions or improvements shall, upon completion, become the Premises shall be designed by and made under the supervision property of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) Lessor and shall be made surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; provided, however this clause shall not apply to removable equipment, trade fixtures, or furniture owned by Lessee and which can be removed without damage to the Building or the Premises, or if there will be damage, said damages are repaired by Lessee at Lessee's expense and Lessor approves the repairs, provided there is no default by Lessee in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement any of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.

Appears in 1 contract

Samples: Lease Agreement (Aronex Pharmaceuticals Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant Property without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) except for non-structural alterations which (a) do not affect any systems exceed Five Thousand Dollars ($5,000) in cost or equipment which does not materially alter the basic character of the Building Property or the Project, (b) do not affect weaken any structure on the structural integrity Property, or any structural components reduce the value of the Building Property or the Project, (c) Project and which are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction outside of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount building of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided belowthe Property is part. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Landlord may, at any time during the Lease Term, require Tenant to promptly remove any such Alterations at the expiration alterations, additions, or sooner termination improvements constructed in violation of the Lease Term this Paragraph 6.05 (a) All alterations, additions, and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises improvements shall be designed by and made under the supervision of done in a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, in conformity with all applicable laws and shall have been approved in writing regulations, and by the City of Sunnyvale and any other applicable governmental agencies. Subject a contractor selected by Tenant subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease's reasonable approval. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “"as built” plans for such Alterations" plans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsconstruction contracts, and proof of payment for all labor and materials. (b) Tenant shall pay when due all claims for labor and material furnished to the Property. Tenant shall give Landlord prior written notice of the commencement of any work on the Property, regardless of whether Landlord's consent to such work is required. Landlord may elexx xx xxcord and post notices of non-responsibility on the Property. If Tenant shall, in good faith, contest the validity of any mechanics' or materialmens' liens against the Property, then Tenant shall, at its sole expense, defend itself and Landlord against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or the Property or the Project, upon the condition that if anyLandlord shall require, received Tenant shall furnish to Landlord a surety bond satisfactory to Landlord in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to such contested lien claim or demand indemnifying Landlord against liability for the actual same and holding the Property and the Project free from the effect of such lien or claim. In addition, Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid may require Tenant to Landlord on account thereofpay Landlord's attorneys' fees and costs incurred in participating in such action.

Appears in 1 contract

Samples: Lease Agreement (Iomega Corp)

Alterations, Additions, and Improvements. No alterations, additions, (a) Tenant shall not make or improvements (“Alterations”) shall allow to be made any alterations or additions in or to the Leased Premises by Tenant without first obtaining the prior written consent of Landlord unless such alteration or addition has a cost of less than $5,000.00. Landlord, which shall 's consent will not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice withheld with respect to Landlord, may make Alterations (including removal proposed alterations and rearrangement of prior Alterations) additions which (ai) do comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with and does not adversely affect any systems or equipment of the Building or the Projectand its mechanical, telecommunication, electrical, heating, ventilation and life safety systems; (biii) do will not affect the structural integrity or portions of the Building; (iv) will not interfere with the use and occupancy of any structural components other portion of the Building by any other tenant, its employees or invitees; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the Project, (c) are not visible from the exterior generality of the Buildingforegoing, (d) do not require a building permitLandlord's right of consent shall encompass plans and specifications for the proposed alterations or additions, (e) do not involve construction means and methods, the expenditure identity of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance contractor or Seventy Five Thousand Dollars ($75,000.00) in subcontractor to be employed on the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint work of alterations or carpetadditions, and (f) are commonly considered consistent the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any Tenant's request for consent hereunder. (b) Any consent given by Landlord under this Section 5.07 shall be deemed conditioned upon: (i) Tenant's acquiring all applicable permits required by governmental authorities; (ii) Tenant's furnishing to Landlord copies of such permits, Tenant hereby agrees to pay Landlord upon demand for together with copies of the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing approved plans and specifications specifications, prior to commencement of the work thereon; and for monitoring (iii) the construction compliance by Tenant with the conditions of any proposed Alterations. all applicable permits and approvals in a prompt and expeditious manner. (c) Tenant shall notify provide Landlord of any requested Alterations in writing. If Landlord does with not respond to such written request within less than fifteen (15) Business Days following receipt thereof, days prior written notice of commencement of the request work so as to enable Landlord to post and record appropriate notices of non-responsibility. All alterations and additions permitted hereunder shall be deemed disapprovedmade and performed by Tenant without cost or expense to Landlord. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay the contractors and suppliers all amounts due to them when due and keep the Leased Premises and the Project free from any and all mechanics', materialmen's and other liens and claims arising out of any work performed, materials furnished or obligations incurred by or for Tenant. Landlord may require, at its sole option, that Tenant provide to Landlord, at Tenant's expense, a construction management fee lien and completion bond in an amount equal to one and one-half percent (1.5%) the total estimated cost of all costs of designany alterations, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration additions or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations improvements to be made in or to the Leased Premises, to protect Landlord against any liability for mechanics', materialmen's and other liens and claims, and to ensure timely completion of the work. In the event any alterations or additions to the Leased Premises are performed by Landlord hereunder, whether by prearrangement or otherwise, Landlord shall be designed by entitled to charge Tenant a ten percent (10%) administration fee in addition to the actual costs of labor and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) materials provided. Such costs and fees shall be made in accordance with plans deemed Additional Rent under this Lease, and specifications which have been furnished to may be charged and approved by Landlord in writing payable prior to commencement of the work. All Alterations shall be constructed . (d) Any and installedall alterations, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited additions or improvements made to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing Leased Premises by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at upon installation and shall be surrendered to Landlord without compensation to Tenant upon the expiration or sooner termination of this Lease by lapse of time or otherwise unless (i) Landlord conditioned its approval of such alterations, additions or improvements on Tenant's agreement to remove them, or (ii) if Tenant did not provide a Removal Determination Request (as defined below), Landlord notifies Tenant prior to (or promptly after) the Lease. Term Expiration Date that the alterations, additions and/or improvements must be removed, in which case Tenant shall retain title shall, by the Term Expiration Date (or promptly thereafter), remove such alterations, additions and improvements, repair any damage resulting from such removal and restore the Leased Premises to all furniture and trade fixtures placed on their condition existing prior to the Premises. Within thirty (30) days after completion date of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterationsalterations, together additions and improvements, normal wear, tear and damage by casualty excepted. Prior to making any alterations, additions or improvements to the Leased Premises, Tenant may make a written request that Landlord determine in advance whether or not Tenant must remove such alterations, additions or improvements on the Term Expiration Date ("Removal Request Determination"). Notwithstanding anything to the contrary set forth above, this clause shall not apply to movable equipment or furniture owned by Tenant. (e) All alterations, additions and improvements permitted under this Section 5.07 shall be constructed diligently, in a good and workmanlike manner with new, good and sufficient materials and in compliance with all supporting documentation thereforapplicable laws, ordinances, rules and regulations (C) copies including, without limitation, building codes and those related to accessibility and use by individuals with disabilities). Tenant shall, promptly upon completion of all governmental approvalsthe work, if anyfurnish Landlord with "as built" drawings for any alterations, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofadditions or improvements performed under this Section 5.07.

Appears in 1 contract

Samples: Temporary Occupancy Agreement (Personify Inc)

Alterations, Additions, and Improvements. No Tenant shall not make any installations, alterations, additions, or improvements in or to the Premises (collectively, “Alterations”) shall be made to ), including, without limitation, any apertures in the Premises by Tenant walls, partitions, ceilings or floors, without on each occasion obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, withheld or delayed with respect to Alterations that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity structure or any structural components mechanical, electrical, or other systems of the Building (and may otherwise be withheld or granted in Landlord’s sole and absolute discretion), except that only prior notice and a description of and plans for the Project, work (cbut no approval) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more shall be required for any interior Alterations costing less than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) 25,000 in the aggregate during any twelve (12) month period except that no dollar limit are not visible from outside the Premises and do not affect the structure or mechanical, electrical, or other systems of the Building. Any such Alterations so approved by Landlord shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made performed only in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors therefor approved by Landlord, . Tenant shall not perform any Alterations in compliance with or to the terms and conditions Premises that would in Landlord’s reasonable judgment (i) in any manner affect any structural component of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 Building (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lightingexterior walls, electricalexterior windows, heatingcore walls, ventilationcolumns, air conditioning and full height partitioningroofs, drapery and carpeting installations made by Tenantor floor slabs), together (ii) in any respect be incompatible with all property that has become an integral part the electrical or mechanical components or systems of the Building, (iii) affect space or areas around the Building (including the exterior of the Building), (iv) diminish the value of the Premises for the Permitted Uses, (v) require any unusual expense to re-adapt the Premises for the Permitted Uses, or (vi) adversely affect the character of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at Building, or the expiration or sooner termination of the LeaseProperty. Tenant shall retain title to procure at Tenant’s sole expense all furniture necessary permits and trade fixtures placed licenses before undertaking any Alterations on the PremisesPremises and shall perform all such Alterations in a good and workmanlike manner employing materials of good quality and so as to conform with all applicable Laws and with all applicable insurance requirements. Within thirty Tenant shall employ for such work only contractors reasonably approved by Landlord and shall require all contractors employed by Tenant to carry insurance in types and amounts reasonably approved by Landlord (30including without limitation worker’s compensation insurance in accordance with statutory requirements, employer’s liability in an amount not less than $1,000,000 per coverage section, automobile liability in an amount not less than $1,000,000 combined single limit for all owned, hired and non-owned automobiles, and commercial general liability insurance covering such contractors on or about the Premises with a combined single limit in an amount not less than $3,000,000 per occurrence and in the aggregate, which can be satisfied in conjunction with an excess/umbrella liability policy) days after and shall submit certificates evidencing such coverage to Landlord prior to the commencement of such work, subject to Articles VII and X of this Lease in the case of casualty. All contractors and subcontractors shall name Tenant, Landlord, and its subsidiaries, Lender and any other entity Landlord reasonably requests as additional insured on their commercial general liability, automobile liability and excess/umbrella liability policies on a primary and noncontributory basis without any privity of contract requirement. Additional insured status shall include ongoing and completed operations and include a waiver of subrogation in favor of additional insureds. Coverage provided contractors shall not contain any restrictions or exclusions for work contemplated within their agreement. Tenant shall indemnify and hold harmless Landlord from all injury, loss, claims or damage to any person or property occasioned by or arising out of the performance of any Alterations. Landlord may inspect the work of Tenant at reasonable times in accordance with Section 6.5 hereof and give notice of observed defects. Upon completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterationsplans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsconstruction contracts and proof of payment for all labor and materials. Except for items constituting Tenant's Property or Required Removal Alterations (as hereinafter defined), if anyall Alterations and appurtenances attached to or built into the Premises at the commencement of or during the Term, received whether or not at the expense of Tenant, and whether or not Landlord's consent or approval is required (collectively “Fixtures”), shall be and remain a part of the Premises, shall be deemed the property of Landlord as of the date such Fixtures are completed, attached to or built into the Premises and shall not be removed by Tenant. Fixtures shall include electrical, plumbing, heating and sprinkling equipment, fixtures, outlets, venetian blinds, partitions, gates, doors, vaults, paneling, molding, shelving, radiator enclosures, cork, rubber, linoleum and composition floors, ventilating, silencing, air conditioning and cooling equipment, and all fixtures, equipment and appurtenances of a similar nature or purpose. Any Alterations which shall involve the removal of any Fixtures shall be promptly replaced, at Tenant's expense and free of superior title, liens, security interests and claims, with like property, of at least equal quality and value. Landlord shall, at the time of its approval of any Alterations, provide in conjunction with such writing which Alterations and, or portions thereof must be removed by Tenant at the expiration or earlier termination of this Lease (D) if the Landlord Supervision Fee paid “Required Removal Alterations”). All Required Removal Alterations which are installed in connection with such Alterations was understated, an amount equal and to the actual Landlord Supervision Fee (based upon Premises shall be removed by Tenant at the statement expiration or sooner termination of final costs) less any amount previously paid this Lease and all damage caused by such removal shall be repaired by Tenant, at Tenant’s expense. As used herein, “Tenant’s Property” shall mean Tenant’s movable fixtures, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings, and other items of personal property which are removable without material damage to Landlord on account thereofthe Property.

Appears in 1 contract

Samples: Lease Agreement (Biolife Solutions Inc)

Alterations, Additions, and Improvements. No (a) During the term of this Lease, Tenant may, at its own expense, make alterations, additions, additions or improvements (“Alterations”) shall be made to the Premises by Tenant without Facilities with the prior written consent of Landlord, which provided that such alterations or additions to the Toledo Facility will not result in an IRB Default. Tenant shall not procure all applicable permits and authorizations. All work shall be unreasonably withhelddone in a good and workmanlike manner and in compliance with all laws. (b) Except as otherwise provided by the IRB Lease, all alterations, additions and improvements to the Facilities shall immediately, upon completion thereof, be and become the property of Tenant for the duration of this Lease; provided, however, that Tenantupon termination of this Lease, without Landlord’s prior written consentTenant shall sell to Landlord and Landlord shall purchase from Tenant all such alterations, but upon not less than ten (10) Business Days prior written notice to Landlordadditions and improvements at the then current book value of such alterations, may make Alterations (including removal additions and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, improvements. (c) are not visible from Tenant shall keep the exterior Facilities free of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, liens and (f) are commonly considered consistent with covenants and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay hold harmless and indemnify Landlord upon demand for the reasonable out-of-pocket costs from and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of against any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlordexpenses and liabilities from any mechanic's, and (iii) further subject to adjustment as provided below. Landlord laborers' or materialmen's or other liens, of whatsoever nature, which may require Tenant to remove any such Alterations at be filed against the expiration or sooner termination Facilities during the term of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within discharge any such liens within thirty (30) days after completion of any Alterationsthe filing thereof. However, Tenant shall provide have the right to contest in the name of Landlord, any such liens as Tenant may deem necessary; provided that all expenses incurred by reason thereof shall be paid by Tenant, Tenant provides written notice to Landlord with of its intent to contest such lien within three (A3) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation days after the filing of such Alterationslien and Tenant, together with all supporting documentation thereforat Landlord's request, (C) copies gives reasonable security to insure payment thereof and to prevent any sale, foreclosure or forfeiture of all governmental approvals, if any, received in conjunction with the Premises by reason of such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofnonpayment.

Appears in 1 contract

Samples: Lease Agreement (Andersons Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, or improvements to the Property (“Tenant’s Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten except for non-structural interior alterations that (10i) Business Days prior written notice are designed to Landlordfacilitate Tenant’s Customers’ receipt of services from Tenant, may make Alterations including, without limitation, cages, cabinets, conduit, racks, and custom duct work for Tenant’s Customers (including removal and rearrangement the “Customer Work”) or, in case of prior Alterations) which (a) alterations unrelated to the Customer Work, do not affect any systems or equipment of the Building or the Project, exceed One Hundred Thousand Dollars (b$100,000.00) do not affect the structural integrity or any structural components of the Building or the Project, in Constant Dollars in cost; (cii) are not visible from the exterior outside of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, ; and (iii) further subject do not alter or penetrate the floor slab or the roof membrane (collectively, the “Permitted Alterations”). Other than with respect to adjustment as provided below. the Permitted Alterations, Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal Alterations constructed in violation of such Alterations, if at all, at the time consent to such Alterations is giventhis Section 6.05(a) upon Landlord’s written request. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Tenant’s Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, performed in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in a good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together conformity with all property that has become an integral part of the PremisesApplicable Laws, and all contractors and subcontractors shall be approved by Landlord, which approval shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Leaseunreasonably withheld. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set “as built” plans, copies of both hard copies all construction contracts, and CAD drawings proof of payment for all labor and materials. With respect to “as built” plans for the Customer Work, Landlord shall keep the same confidential if such plans are conspicuously marked “confidential” and are not a matter of public record. Notwithstanding anything to the contrary in this Section, Tenant must obtain Landlord’s prior written consent for any Tenant’s Alterations that will (or may) be visible from the outside of the Building. Landlord shall have the right, in its sole discretion, to determine the location of any such visible Tenant’s Alterations and require the screening of such items at Tenant’s sole cost and expense. (b) Tenant shall pay when due all claims for labor and material furnished to the Property. Tenant shall give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the Property, regardless of whether Landlord’s consent to such work is required. Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (B2005) (the “Posted Security Requirements”). Concurrently with Landlord’s delivery of this Lease to Tenant for execution, Landlord may elect to provide Tenant with a statement separate written notice of the Posted Security Requirements, which shall include an acknowledgement of Tenant (the “Notice and Acknowledgement”). If so provided, Tenant agrees to promptly sign and return the Notice and Acknowledgment to Landlord; provided, however, that Tenant acknowledges and agrees that under no circumstances shall such Notice and Acknowledgement or the terms of this Section 6.05 be construed as Landlord’s consent to or approval of any Tenant’s Alterations. Landlord may elect to record and post notices of non-responsibility on the Property. (c) To the extent Landlord’s prior consent is required by this Section 6.05, Landlord may condition its consent to any proposed Tenant’s Alterations on such requirements as Landlord, in its reasonable discretion, deems necessary or desirable, including without limitation: (i) Tenant’s submission to Landlord, for Landlord’s prior written approval, of all final costs plans and specifications relating to Tenant’s Alterations; (ii) Landlord’s prior written approval of designthe time Industrial Lease—Las Vegas, demolitionNevada 7100 X. Xxxxxxx Xxxx. Xxx Xxxxx, construction and installation Xxxxxx Xwitch Communications Group, L.L.C. Table of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.Contents

Appears in 1 contract

Samples: Industrial Lease (Switch, Inc.)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, Property without Landlord’s prior written consent, but upon which consent will not less than ten (10) Business Days prior written notice to Landlordbe unreasonably withheld, may make Alterations (including removal and rearrangement of prior Alterations) except for non-structural alterations which (a) do not affect exceed Ten Thousand Dollars ($10,000.00) in cost cumulatively over the Lease Term, which are not visible from the outside of any systems or equipment building of which the Building or the Project, (b) Property is part and which do not affect the structural integrity or any structural components portions of the Building Property. Landlord reserves the right at the expiration or the Project, (c) are not visible from the exterior earlier termination of the BuildingLease Term to request those alterations, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance additions or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If improvements constructed without Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided belowremoved. Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any such Alterations at the expiration alterations, additions, or sooner termination improvements constructed in violation of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of this Section 17.09 hereof; provided that, if Tenant makes 6.05(a) upon Landlord’s written request to Landlord concurrently with Tenant’s request for consent to and repair any Alterations, then Landlord shall make its election whether or not to require removal of damage caused by such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises alterations, additions, and improvements shall be designed by and made under the supervision of done in a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together conformity with all property that has become an integral part of the Premisesapplicable laws and regulations, and by a licensed contractor approved by Landlord, which approval shall not be deemed trade fixtures unreasonably withheld and such contractor shall become the property of Landlord at the expiration or sooner termination of the Leasemaintain liability, workmen’s compensation and other insurance in amounts as may be reasonably required and approved by Landlord. Tenant shall retain title be responsible, at Tenant’s sole cost and expense, for obtaining any and all permits and approvals required for any such alterations, additions or improvements and shall deliver a copy of same to all furniture and trade fixtures placed on the PremisesLandlord upon receipt by Tenant. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterationsplans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsconstruction contracts, if any, received in conjunction with such Alterations and, and proof of payment for all labor and materials. (Db) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal Tenant shall pay when due all claims for labor and material furnished to the actual Property. Tenant shall give Landlord Supervision Fee at least twenty (based upon 20) days’ prior written notice of the statement commencement of final costs) less any amount previously paid work on the Property, regardless of whether Landlord’s consent to such work is required. Landlord may elect to record and post notices of non-responsibility on account thereofthe Property.

Appears in 1 contract

Samples: Lease Agreement (Blucora, Inc.)

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Alterations, Additions, and Improvements. No After the Commencement Date, Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements (“Alterations”) shall be made in or to the Premises by Tenant without obtaining the prior written consent of Landlord, which shall not be unreasonably withheld; providedwithheld (“Tenant Work”), however, that Tenantnor place any signs in the Premises which are visible from outside the Premises, without obtaining the prior written consent of Landlord, which may be withheld in Landlord’s prior written consentsole discretion. Notwithstanding the foregoing, but upon Landlord will not less than ten unreasonably withhold its consent to Tenant Work that: (10i) Business Days prior written notice to Landlord, may make Alterations (including removal is non-structural and rearrangement of prior Alterations) which (a) do does not adversely affect any systems Building Systems or equipment of the Building or the Projectimprovements, (bii) do not affect the structural integrity or any structural components of the Building or the Project, (c) are is not visible from the exterior of the BuildingPremises, (diii) do does not require a building permitaffect the exterior of the Building or any Common Areas, (eiv) do does not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00v) in does not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLaws, and (fvi) are commonly considered consistent will not interfere with the use and appropriate for occupancy of any other portion of the Permitted UseProject by any other tenant or occupant of the Project. As a condition to LandlordTenant’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Xxxxxx shall execute a work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of any proposed Alterationsthe Building. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management oversight fee in an amount equal to one and one-half three percent (1.53%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of any Tenant Work whether undertaken by Landlord or Tenant. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by California licensed contractors approved Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in compliance with the terms paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions of the on Tenant Work Letteras are reasonably appropriate, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all lightingcosts to be incurred in connection with such Tenant Work, electricalinsurance covering Landlord against liabilities which may arise out of such work, heatingplans and specifications, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and permits for such Tenant Work. All Building Standard Tenant Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the expiration or sooner earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, unless Landlord shall require removal or restoration of such Tenant Work by Tenant. All Tenant Work that is Above Standard shall be and remain the property of Tenant, and shall be maintained by Tenant in good condition and repair throughout the Term, until the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease, at which time such Tenant Work shall become the property of Landlord and shall be surrendered to Landlord with the Premises, unless Landlord specifies, at the time of the approval of the installation of such Above Standard Tenant Work, that Landlord will require Tenant to remove same upon the expiration or earlier termination of the Lease or Tenant’s right to possession of the Premises under the Lease. Any Tenant Work that Tenant is required to remove from the Premises upon the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises under this Lease shall be removed at Tenant’s sole expense, and Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises or the Building caused by such removal. Tenant shall retain title not allow any liens to all furniture and trade fixtures placed on be filed against the PremisesPremises or the Project in connection with any Tenant Work. Within thirty If any liens are filed, Tenant shall cause the same to be released within five (305) days after Xxxxxx’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. An XXXXX 25 (or its equivalent) certificates of insurance in the most recent edition available evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any AlterationsTenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall provide Landlord with (A) a diligently complete set of both hard copies and CAD drawings of “as built” plans for all such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofpunch list items.

Appears in 1 contract

Samples: Lease Agreement (Summit Therapeutics Inc.)

Alterations, Additions, and Improvements. No A. Lessee shall not make any alterations, additionsadditions or Improvements to the Premises without Lessor’s prior written consent (as set forth in paragraph B1 below), except for non- structural alterations which do not exceed Fifteen Thousand Dollars ($15,000) in cost cumulatively over the Term and any Renewal Term and which are not visible from the outside of the Building on or included within the Premises. Lessee shall promptly remove any alterations, additions or Improvements constructed in violation of this paragraph upon Xxxxxx’s written request. Upon completion of any such work, Lessee shall provide Lessor with “as-built” plans, copies of all construction contracts, and proof of payment for all labor and materials. B. Any alteration, addition, or improvements (“Alterations”) shall be made improvement to the Premises by Tenant without Lessee shall be in strict compliance with the prior written consent provisions of Landlord, this paragraph. 1. All work shall be completed at Lessee’s sole expense (and payment personally guaranteed by Xxxxxx) pursuant to plans and specifications prepared by an architect licensed in the state of Colorado approved by Xxxxxx and employed by Lessee at Lessee’s expense. After all plans have been approved by Lessor (which approval shall not be unreasonably withheld; provided, howeverexcept for the determination that planned work is not in the general style of the existing Building, that Tenantas to which Lessor may withhold approval in Lessor’s sole discretion), without Landlordwork shall be commenced and completed with due diligence and in substantial conformity with the approved plans and specifications. Any deficiency in design or construction shall be Lessee’s prior written consentsole responsibility. All plans, but upon specifications, and work shall be in strict compliance with all applicable governmental laws, rules, regulations, and codes and shall not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not adversely affect any systems or equipment of the Building or the ProjectPremises systems, (b) do not affect the structural integrity or any structural components of the Building or the Projectsuch as heating, (c) ventilation and cooling systems. 2. No representations are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable made by Lessor with respect to paint zoning, building, regulations, location, availability, or carpetadequacy of utilities required for any alteration or improvement of the Premises. 3. Lessee, at Lessee’s expense, shall obtain all permits and pay all fees required for the completion of any such work and provide proof of the same to Lessor upon request. 4. All materials shall be new, all workmanship and materials shall be of first-class quality, and all individuals performing services or providing materials shall be duly licensed and skilled in their profession or trade. 5. In all aspects of any alterations, Lessee shall use its best efforts to minimize interference with the regular operation of the Premises (fsuch as constructing alterations during low visitor months), including without limitation, noise, dust, accumulation of waste, or storage of materials outside the Premises. 6. Lessee shall assure that all workers shall be covered by workers’ compensation insurance to the extent required by law and provide proof of the same to Lessor upon request. 7. Title to all alterations, additions, improvements (excluding trade fixtures) are commonly considered consistent with constructed shall vest in Lessor upon completion of construction free and appropriate clear of any liens or claims of Lessee or any other person or entity. 8. Lessor may place its supervisory personnel or representatives on the job during the course of construction, at Xxxxxx’s expense, for the Permitted Usepurposes of making inspections and insuring compliance with these conditions. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent Despite anything to the commencement contrary stated elsewhere, Lessor may at any time during the course of work impose such Alterationsother restrictions, shall pay rules or conditions as may be necessary to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination ensure proper completion of the Lease Term work and to restore minimize interference with operation of the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is givenPremises. 9. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior Prior to commencement of work. All Alterations , the general contractor shall be constructed secure builder’s risk insurance and installed, at the sole cost a corporate surety performance bond with Xxxxxx and expense of Tenant, by California licensed contractors approved by Landlord, Xxxxxx as additional named insureds in compliance with the terms and conditions an amount not less than 100% of the Work Lettervalue of the work. In addition, including but not limited to the “Specifications” Xxxxxx shall indemnify and “Requirements” set forth thereinhold Lessor and any mortgagee harmless from and against all claims, along with all applicable lawsdamages, actions, losses, liabilities, and in good and workmanlike manner, and shall have been approved in writing by the City expenses of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 every nature (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, reasonable attorney fees) asserted against or incurred by Lessor or any mortgagee arising from or related to the work contemplated by this provision. C. Lessee shall pay when due all lightingclaims for labor and material furnished to the Premises. Despite anything to the contrary stated elsewhere in this Lease, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part Lessee shall give Lessor at least ten (10) day’s prior written notice of the Premises, shall not commencement of any work on the Premises for which a mechanic’s or materialmen’s lien could be deemed trade fixtures claimed. Lessor may elect to record and shall become the property post notices of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed non-responsibility on the Premises. Within If, in connection with any work being performed by Lessee or in connection with any materials being furnished to Lessee, any mechanic’s lien or other lien or charge shall be filed or made against the Premises or any part or interest in it, or any buildings or improvements now or hereafter erected and maintained, or on any appurtenances, or if any such lien or charge shall be filed or made against Lessor as owner, then Lessee, at Lessee’s cost and expense, within thirty (30) days after completion such lien or charge shall have been filed or made, shall cause the same to be canceled and discharged of record by payment thereof or filing of a bond or otherwise, and shall also defend, at Xxxxxx’s sole cost and expense, any action, suit, or proceeding which may be brought for the enforcement of such lien or charge, and shall pay any damages incurred by or asserted against Lessor and shall satisfy and discharge any judgment entered therein. If Lessee fails to discharge within the above mentioned 30- day period any mechanic’s lien or charge herein required to be paid or discharged by Lessee, Lessor may pay such items or discharge such liability by payment or bond, or both, and Lessee will repay to Lessor upon demand any and all amounts paid by Lessor therefor, or by reason of any Alterationsliability on any cash bond, Tenant shall provide Landlord with (A) and also any and all incidental expenses, including attorney’s fees in a complete set of both hard copies and CAD drawings of “as built” plans for such Alterationsreasonable amount, (B) a statement of all final costs of design, demolition, construction and installation of such Alterationsincurred by Lessor in connection therewith, together with all supporting documentation thereforinterest thereon; provided, however, Lessee shall have the right to contest any such mechanic’s lien or other lien, provided that Lessee (C1) copies diligently continues such contest in good faith, and (2) deposits or delivers to Lessor satisfactory indemnification or other security reasonably satisfactory to Lessor. If any improvement, alteration, structural modification, or addition to any portion or improvement of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal Premises is required subsequent to the actual Landlord Supervision Fee (based upon commencement of the statement Term or any Renewal Term by any change in laws, ordinances, rules, regulations, or orders of final costs) less any amount previously paid governmental or quasi-governmental authority having jurisdiction over the Premises, Lessee shall make such improvement, alteration, modification, or addition, and Rent may be accordingly offset for Lessee’s Improvements as more fully described above. Should Lessee fail to Landlord on account thereofmake the required improvement, alteration, modification, or addition within thirty days following receipt of written notice from Lessor, Lessor may, at its option, make the required improvement, alteration, modification, or addition and adjust the Rent so that Lessee pays the cost of such improvement, alteration, modification, or addition.

Appears in 1 contract

Samples: Lease Agreement (With Option to Purchase)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, or improvements to the Property (“Tenant’s Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten except that no consent shall be required for non-structural interior alterations that (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (ai) do not affect any systems or equipment of the Building or the Project, exceed Fifty Thousand Dollars (b$50,000.00) do not affect the structural integrity or any structural components of the Building or the Project, in cost; (cii) are not visible from the exterior outside of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, ; and (iii) further subject to adjustment as provided belowdo not alter or penetrate the floor slab or the roof membrane. If there has been a material decrease in Tenant’s financial condition, Landlord may require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal Alterations constructed in violation of such Alterations, if at all, at the time consent to such Alterations is giventhis Section 6.05(a) upon Landlord’s written request. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Tenant’s Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, performed in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in a good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together conformity with all property that has become an integral part of the PremisesApplicable Laws, and all contractors and subcontractors shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Leaseapproved by Landlord. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterationsplans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsconstruction contracts, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal and proof of payment for all labor and materials. Notwithstanding anything to the actual contrary in this Section, Tenant must obtain Landlord’s prior written consent for any Tenant’s Alterations that will (or may) be visible from the outside of the Building. Landlord Supervision Fee shall have the right, in its sole discretion, to determine the location of any such visible Tenant’s Alterations and require the screening of such items at Tenant’s sole cost and expense. (based upon b) Tenant shall pay when due all claims for labor and material furnished to the statement Property by or at the request of final costsTenant at or for use of the Property. Tenant shall give Landlord at least twenty (20) less days’ prior written notice of the commencement of any amount previously paid work on the Property, regardless of whether Landlord’s consent to such work is required. Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2013) (the “Posted Security Requirements”). Concurrently with Landlord’s delivery of this Lease to Tenant for execution, Landlord may elect to provide Tenant with a separate written notice of the Posted Security Requirements, which shall include an acknowledgement of Tenant (the “Notice and Acknowledgement”). If so provided, Tenant agrees to promptly sign and return the Notice and Acknowledgment to Landlord; provided, however, that Tenant acknowledges and agrees that under no circumstances shall such Notice and Acknowledgement or the terms of this Section 6.05 be construed as Landlord’s consent to or approval of any Tenant’s Alterations. Landlord may elect to record and post notices of non-responsibility on account thereofthe Property. (c) To the extent Landlord’s prior consent is required by this Section 6.05, Landlord may condition its consent to any proposed Tenant’s Alterations on such requirements as Landlord, in its reasonable discretion, deems necessary or desirable, including without limitation: (i) Tenant’s submission to Landlord, for Landlord’s prior written approval, of all plans and specifications relating to Tenant’s Alterations; (ii) Landlord’s prior written approval of the time or times when Tenant’s Alterations are to be made; (iii) Landlord’s prior written approval of the contractors and subcontractors performing Tenant’s Alterations; (iv) Tenant’s written notice of whether Tenant’s Alterations include the use or handling of any Hazardous Materials; (v) Tenant’s obtaining, for Landlord’s benefit and protection, of such insurance as Landlord may reasonably require (in addition to that required under Section 4.04 of this Lease); (vi) Tenant’s strict compliance with the requirements of Nev. Rev.

Appears in 1 contract

Samples: Industrial Lease (Switch, Inc.)

Alterations, Additions, and Improvements. No Tenant shall not make any alterations, decorations, additions or improvements (collectively “Alterations”) of a structural nature in or to the Premises or any Alterations to the exterior of the Premises without the prior written consent of Landlord in each instance, which consent may be withheld in Landlord’s sole discretion, provided however, that Landlord shall not unreasonably withhold its consent to Alterations necessary for Tenant’s medical operations unless such Alterations could adversely affect any structural portion of the Premises or the Building, any building systems or any matter adversely affecting the continued use and occupancy of the Building for medical use in which case such consent shall be determined by Landlord in its sole and absolute discretion. Tenant is not required to obtain the Landlord’s prior written consent for non-structural alterations, additions or improvements that do not cost more than ____________________Dollars, that do not adversely affect the Building’s appearance or value, and that do not modify or affect the roof, plumbing, HVAC systems, life safety systems, or electrical systems. Consent for non-structural alterations, additions, or improvements (“Alterations”) in excess of _________________Dollars or that modify or affect plumbing, HVAC systems or electrical systems will not be unreasonably withheld, conditioned or delayed by Landlord. To the extent that Tenant’s alterations or improvements void or reduce any warranties assigned hereunder, the liability shall thereafter be the responsibility of the Tenant. Tenant may erect or install trade fixtures, shelves, bins, machinery, supplemental HVAC systems, and refrigeration equipment, provided that Tenant complies with all applicable governmental laws, ordinances, codes, and regulations. Any Alterations by Tenant shall be performed in a first-class workmanlike manner by a licensed general contractor approved by Landlord and shall comply with all applicable laws. In connection with any Alterations, Tenant agrees to obtain and deliver to Landlord evidence of satisfactory builders’ risk, worker’s compensation as required by the State of ___________, and liability insurance coverage maintained by the general contractor and written and unconditional waivers of mechanic’s and materialmen’s liens from all contractors, subcontractors, materialmen, and laborers to become involved in such work. Landlord’s consent to any Alterations shall not be deemed to be an agreement or consent by Landlord to subject Landlord’s interest in the Property or Building to any mechanic’s or materialmen’s lien which may be filed in connection therewith. If any Alteration is made to the Premises by Tenant without the prior written consent of LandlordLandlord when required, which Landlord may correct or remove the same and Tenant shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal liable for any and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) all expenses incurred by Landlord in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable performance of this work together with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for interest thereon at the Permitted Usecurrent statutory rate. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at At the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant this Lease, Tenant may, subject to the terms restrictions of Section 17.09 hereof; 7.03, remove items installed by Tenant, provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or is not to require removal of such Alterations, if at all, in default at the time consent to such Alterations is given. All Alterations to be made to of the Premises shall be designed by removal and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by LandlordTenant repairs, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in a good and workmanlike manner, and shall have been approved in writing any damage caused by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration installation or sooner termination of the Leaseremoval. Tenant shall retain title pay for all cost incurred or arising out of alterations, additions, or improvements in or to all furniture the Premises and trade fixtures placed on will not permit any mechanic’s or materialman’s lien to be filed against the PremisesPremises or the Property. Within If any lien is filed against the Premises for work claimed to have been done for, or material claimed to have been furnished to, Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after completion Tenant’s knowledge of same, by bonding or in any Alterationsother lawful manner. Tenant shall indemnify and hold harmless Landlord from all costs, losses, expenses, and attorneys’ fees in connection with any such lien. Upon request by Landlord, Tenant shall provide deliver to Landlord with (A) a complete set proof of both hard copies and CAD drawings of “as built” plans for such Alterationspayment, (B) a statement reasonably satisfactory to Landlord, of all final costs incurred or arising out of designany alterations, demolitionadditions, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofor improvements.

Appears in 1 contract

Samples: Commercial Lease Agreement (Nutex Health, Inc.)

Alterations, Additions, and Improvements. No 6.2.1 All alterations, additions, or improvements (“Alterations”) and Improvements to the Leased Premises shall be made to done in a good and workmanlike manner, in conformity with all applicable laws and regulations. The initial Improvements constructed and developed on the Leased Premises by Tenant without shall be in accordance with the prior written consent Approved Architectural Drawings and the terms and provisions of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without the Development Agreement. Landlord’s prior written consentconsent (such consent not to be unreasonably withheld, but upon not less than ten (10conditioned or delayed) Business Days prior written notice will be required for all exterior or structural improvements or modifications to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which the Improvements (a) do not affect any systems necessitated by repairs, alterations or equipment of maintenance required by laws applicable to the Building or Improvements constructed on the Project, Leased Premises; (b) do not affect the structural integrity otherwise authorized by Landlord in connection with retail tenant upfitting improvements, or any structural components of the Building or the Project, (c) are not visible from otherwise authorized by the exterior Municipality in connection with the removal of a common wall between two residential condominium units to the Buildingextent allowed by the North Carolina Condominium Act. 6.2.2 Tenant shall pay when due all claims for labor and material furnished on or about the Leased Premises or in connection with the Improvements. 6.2.3 Tenant shall have no power to do any act or to make any contract that may create or be the foundation for any lien, (d) do not require a building permitmortgage, (e) do not involve or other encumbrance on the expenditure reversion or other estate of more than Twenty Five Thousand Dollars ($25,000.00) in Landlord or that would be prior to any given instance or Seventy Five Thousand Dollars ($75,000.00) interest of Landlord in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed AlterationsLeased Premises. Tenant shall notify Landlord not suffer or permit any liens to attach to the interest of Tenant in all or any part of the Property by reason of any requested Alterations work, labor, services, or materials done for, or supplied to, or claimed to have been done for or supplied to Tenant or anyone occupying or holding an interest in writingall or any part of the Improvements on the Property through or under Tenant. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt any mechanic’s, construction or other liens or orders for the payment of money shall be filed against the Property or any improvements thereon by reason of, or arising out of any labor or material furnished to, or for Tenant at the Property or for or by reason of any change, alteration or addition, by Tenant, or the cost or expense thereof, the request shall be deemed disapproved. If Landlordor any contract relating thereto, or against Landlord as leased fee owner thereof by reason of Tenant’s consent is granted to any Alterationswork or contract relating thereto, then Tenantwithin thirty (30) days, within ten (10) days after Tenant executes a construction contract for such Alterationsshall cause the same to be canceled and discharged of record, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration bond or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at allotherwise, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost election and expense of Tenant, by California licensed contractors approved by and shall also defend on behalf of Landlord, in compliance with at Xxxxxx’s sole cost and expense, any action, suit or proceeding which may be brought thereon or for the terms enforcement of such lien, liens or orders, and conditions of the Work LetterTenant will pay any damages and discharge any judgment entered therein and hold Landlord harmless from any loss, claim or damage resulting therefrom, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofreasonable attorneys’ fees.

Appears in 1 contract

Samples: Ground Lease

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) 5.4.1 Tenant shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenantnot, without Landlord’s 's prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlordmake any alterations, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems improvements, or equipment of additions in, on, or about the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted UsePremises. As a condition to Landlord’s obligation to consider any request for consent hereundergiving such consent, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require that Tenant to remove any such Alterations alterations, improvements, additions, or utility installations at the expiration or sooner termination of the Lease Term Term, and to restore the Premises to their prior condition pursuant condition. 5.4.2 Before commencing any work relating to alterations, additions, and improvements affecting the terms Premises, Tenant shall notify Landlord in writing of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then the expected date of commencement thereof. Landlord shall make its election whether then have the right at any time and from time to time to post and maintain on the Premises such notices as Landlord reasonably deems necessary to protect the Premises and Landlord from mechanics' liens, materialmen's liens, or any other liens. In any event, Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises. Tenant shall not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations permit any mechanics' or materialmen's liens to be made to levied against the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which for any labor or material furnished to Tenant or claimed to have been furnished to and approved Tenant or to Tenant's agents or contractors in connection with work of any character performed or claimed to have been performed on the Premises by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, or at the sole cost and expense direction of Tenant. 5.4.3 Unless Landlord requires their removal, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” as set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof)Article 5.4.1, all Alterationsalterations, includingimprovements, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations or additions which may be made by Tenant, together with all property that has become an integral part of on the Premises, shall not be deemed trade fixtures and Premises shall become the property of Landlord and remain upon and surrendered with the Premises at the expiration or sooner termination of the LeaseTerm. Notwithstanding the provisions of this Article 5.4.3, Tenant's machinery, equipment, and other trade fixtures 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 and may be removed by Tenant subject to the provisions of Article 5.2. 5.4.4 All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner, in compliance with all applicable laws, regulations, and governmental requirements, and the requirements of any contract or deed of trust to which the Landlord may be party. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security reasonably satisfactory to Landlord against any such loss, liability or damage. 5.4.5 Tenant agrees that all venting, opening, sealing, waterproofing or any altering of the roof of the Premises shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterationsbe performed by Landlord's roofing contractor, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation or other contractor approved in advance of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofwork by Landlord.

Appears in 1 contract

Samples: Lease Agreement (Bolt Technology Corp)

Alterations, Additions, and Improvements. No (a) Tenant shall not make or allow to be made any alterations, additions, additions or improvements (“Alterations”"ALTERATIONS") shall be made in or to the Premises other than the installation of moveable furnishings and equipment without first obtaining Landlord's approval. Tenant shall provide Landlord with written notice of the proposed Alterations, including copies of the plans and specifications, copies of all construction contracts or other agreements for the proposed Alterations, the name and address of any contractor or subcontractor to be employed on the Alterations, and the proposed time for performance of such work. Landlord's consent shall be given for any proposed Alterations which: (i) comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with the Buildings' mechanical, electrical, HVAC and life safety systems; (iii) will not adversely affect the structural portions of the Buildings; (iv) will not trigger any additional costs to Landlord; (v) will not require roof penetration; (vi) will not require the use of asbestos or other hazardous materials (except for limited amounts in accordance with all applicable laws); (vii) are approved by Tenant without Landxxxx'x xender, if required under the prior written consent terms of any mortgage or deed of trust encumbering the Premises; (viii) will not cause a reduction in the value of Landlord's interest in the Premises; and (ix) will not exceed Fifty Thousand and No/100ths Dollars ($50,000.00) in cost in the aggregate in any calendar year. Landlord will not unreasonably withhold it consent to Alterations which exceed $50,000.00 in cost in any calendar year provided that the remaining conditions in the preceding sentence are satisfied. Tenant shall supply to Landlord any additional documents and information requested by Landlord related to Tenaxx'x xequest for consent hereunder. Tenant shall reimburse Landlord for any reasonable fees and costs incurred reviewing proposed Alterations, which including but not limited to architect's and engineer's fees. (b) Any consent given by Landlord under this Section shall not be unreasonably withhelddeemed conditioned upon: (i) Tenant's acquiring all applicable permits required by governmental authorities; provided(ii) Tenant's furnishing to Landlord copies of such permits, howevertogether with copies of the approved final plans and specifications, that Tenant, without Landlord’s prior written consent, but upon prior (c) Tenant shall provide Landlord with not less than ten (10) Business Days days prior written notice of commencement of the work so as to enable Landlord to post and record appropriate notices of non-responsibility. All Alterations permitted hereunder shall be made and performed by Tenant without cost or expense to Landlord. Tenant shall pay all amounts due to any contractors and suppliers on a timely basis and keep the Premises free from any mechanic, may make materialmen or other lien or claim arising out of any work performed, materials furnished or obligations incurred by or for Tenant. In the event Tenant's proposed Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five exceed Fifty Thousand Dollars ($25,000.0050,000.00) in any given instance cost, Landlord may require, at its sole option, that Tenant provide to Landlord, at Tenant's expense, a completion bond (or Seventy Five Thousand Dollars ($75,000.00similar bond, letter of credit or insurance acceptable to Landlord) in an amount equal to at least one and one half (1 1/2) times the aggregate during total estimated cost of any twelve Alterations be made in or to the Premises, to protect Landlord against any liability for any mechanic, materialmen or other lien or claim, and to ensure timely completion of the work. If any lien attaches to the Premises as a result of any act or omission by Tenaxx, Xxnant shall cause such lien to be immediately released and removed of record, or shall post a bond adequate for the full payment of such lien, including any interest, attorneys fees and costs recoverable in the event such lien claimant prevails. If the lien is not released and removed, or bonded over, within thirty (1230) month period except that no dollar limit days after Landlord delivers notice of the lien to Tenant, Landlord may immediately take all action necessary to release and remove the lien, without any duty to investigate the validity of it. All expenses (including reasonable attorney fees) incurred by Landlord in connection with the lien, plus an administrative fee equal to ten percent (10%) of all such expenses, shall be applicable with respect to paint or carpet, considered Additional Rent under this Lease and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, due and payable by Tenant within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent Landlord's written request. (1.5%d) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made permitted under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations this Section shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlorddiligently, in compliance a good and workmanlike manner with new, good and sufficient materials of at least the terms and conditions same quality as those used in the construction of the Work Letterexisting improvements, including but not limited to the “Specifications” and “Requirements” set forth therein, along in compliance with all applicable laws, ordinances, rules and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 regulations (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, building codes and the Americans With Disabilities Act). Tenant shall ensure that all lightingwork is performed in a manner that does not obstruct access to or through the Premises or its common areas or unreasonably interfere either with other tenants' use of their premises or with any other work being undertaken in the Premises. Tenant shall, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part promptly upon completion of the Premiseswork, shall not be deemed trade fixtures furnish Landlord with "as built" drawings for the Alterations. (e) Any and all Alterations made to the Premises by Tenant shall become the property of Landlord at upon installation and shall be surrendered to Landlord without compensation to Tenant upon the expiration or sooner termination of the Lease. this Lease by lapse of time or otherwise unless Landlord conditioned its approval of such Alterations on Tenant's agreement to remove them, or Tenant shall retain title failed to all furniture notify Landlord of such Alterations, and trade fixtures placed on the Premises. Within thirty Landlord notifies Tenant prior to or within ninety (3090) days after completion of any Alterationsthe Term Expiration Date that the Alterations must be removed, in which case Tenant shall provide Landlord with shall, by the Term Expiration Date (A) a complete set of both hard copies and CAD drawings of “as built” plans for or promptly thereafter), remove such Alterations, (B) a statement repair any damage resulting from such removal and restore the Premises to their condition existing prior to the date of all final costs of design, demolition, construction and installation of such Alterations, together with . Tenant shall repair at its sole cost and expense all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal damage caused to the actual Premises by removal of Tenant's movable equipment or furniture and such other Alterations as Tenant shall be required or allowed by Landlord Supervision Fee (based upon to remove from the statement of final costs) less any amount previously paid to Landlord on account thereofPremises.

Appears in 1 contract

Samples: Triple Net Building Lease (Apbiotech)

Alterations, Additions, and Improvements. No (a) Tenant may make any non-structural alterations, additions or improvements to the Property without Landlord's prior written consent, but shall provide at least ten (10) days' prior written notice to Landlord if the construction of such alterations, additions or improvements are expected to cost in excess of One Hundred Thousand Dollars ($100,000). Tenant shall not make any structural alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant Property without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld; provided, howeverconditioned or delayed. Tenant shall promptly remove any structural alterations, that Tenantadditions or improvements constructed in violation of this Section 6.05 (a) upon Landlord's written request. All alterations, without Landlord’s additions, and improvements will be accomplished in a good and workmanlike manner and in conformity with all applicable laws and regulations. Upon completion of any such structural work or other work requiring prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set "as-built" plans, copies of both hard copies specifications, and CAD drawings proof of “as built” plans for such Alterations, (B) a statement payment of all final costs contractors, subcontractors and materialmen. (b) Tenant shall pay when due all claims for labor and material furnished to the Property by Xxxxxx. Tenant shall give Landlord at least ten (10) days prior written notice of designthe commencement of any work of improvement on the Property. Landlord may elect to record and post notices of non-responsibility on the Property. (c) If Tenant makes any alterations, demolitionadditions, construction and installation of such Alterationsor improvements to the Property for which Tenant cannot directly obtain insurance coverage for casualty thereto, together with all supporting documentation thereforTenant may request Landlord to obtain, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understatedat Tenant's cost, an amount equal endorsement to the actual Landlord Supervision Fee (based upon policy of hazard insurance required to be carried pursuant to Section 4.04(b) hereof including all such alterations, additions, or improvements under such policy with Tenant designated as the statement of final costs) less any amount previously paid to Landlord on account thereofloss-payee under all such endorsements.

Appears in 1 contract

Samples: Industrial Real Estate Lease (Cost Plus Inc/Ca/)

Alterations, Additions, and Improvements. No Lessee covenants and agrees with Lessor not to permit the Premises to be used for any purpose other than that stated in Section 5 hereof or make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Lessor in each such instance. All alterations, structural or non structural, must have Lessor's consent which consent may be withheld in Lessor's sole discretion. Lessee shall be responsible for any lien filed against the Premises or any portion of the Building for work claimed to have been done for, or materials claimed to have been furnished to Lessee. Any and all such alterations, physical additions, or improvements (“Alterations”) shall be improvements, when made to the Premises by Tenant without Lessee, shall be at Lessee's expense and shall at once become the prior written consent property of LandlordLessor and shall be surrendered to Lessor upon termination of this Lease by lapse of time or otherwise unless Lessor requests their removal, in which event Lessee shall not be unreasonably withheldremove the same and restore the Premises to their original condition at Lessee's expense; provided, however, that Tenantthis clause shall not apply to the movable fixtures, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetoffice equipment, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification other personal property owned by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is givenLessee. All Alterations to be made to construction work done by Lessee within the Premises shall be designed by and made under the supervision of performed in a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together compliance with all property that has become an integral part governmental requirements, and in such manner as to cause a minimum of interference with other construction in progress and with the Premises, shall not be deemed trade fixtures and shall become transaction of business in the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title area adjacent to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of Lessee agrees to indemnify Lessor and hold Lessor harmless against any Alterationsloss, Tenant shall provide Landlord with (A) a complete set of both hard copies liability or damage resulting from such work, and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsLessee shall, if anyrequested by Lessor, received in conjunction with furnish bond or other security satisfactory to Lessor against any such Alterations andloss, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofliability or damage.

Appears in 1 contract

Samples: Lease Agreement (Gold Bond Resources Inc)

Alterations, Additions, and Improvements. No (a) Except as otherwise set forth in Section 6.05(c) below, Tenant shall not make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, Property without Landlord’s 's prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) except for non-structural alterations which (a) do not affect any systems or equipment of exceed One Hundred Thousand Dollars ($100,000) in cost cumulatively over the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) Lease Term and which are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction outside of any proposed Alterationsbuilding of which the Property is part. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereofConsent for non-structural alterations, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterationsother alterations, then Tenantadditions, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent or improvements to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall property will not be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided belowunreasonably withheld. Landlord may require Tenant to remove any such Alterations at the expiration provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly removeany alterations, additions, or sooner termination improvements constructed in violation of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes this Paragraph 6.05 (a) upon Landlord's written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is givenrequest. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installedalterations, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawsadditions, and improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable laws and shall have been regulations, and by a contractor reasonably approved in writing by the City of Sunnyvale and any other applicable governmental agenciesLandlord. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after Upon completion of any Alterationssuch work, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “"as built” plans for such Alterations" plans, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvalsconstruction contracts, if any, received in conjunction with such Alterations and, and proof of payment of all labor and materials. (Db) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal Tenant shall pay when due all claims for labor and material furnished to the actual Property. Tenant shall give Landlord Supervision Fee at least ten (based upon 10) days' prior written notice of the statement commencement of final costsany work on the Property. Landlord may elect to record and post notice of non-responsibility on the Property. (c) less any amount previously paid to Landlord Upon substantial completion of the construction of the Property, Tenant may install food processing equipment and fixtures without securing Landlord's prior consent, as reasonably necessary or appropriate for Xxxxxx's contemplated use of the Property, however, Tenant shall not interfere with Landlord's work in progress or construction, and Tenant shall use the utmost care for the safety of its employees and agents and others on account thereofthe Property in their installation activities.

Appears in 1 contract

Samples: Lease Agreement (Valley Media Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any alterations, additionsphysical additions or improvements in or to the Leased Premises, or improvements (“Alterations”) shall be made to place signs on or in the Leased Premises by Tenant which are visible from outside the Leased Premises, without first obtaining the prior written consent of Landlord (which consent may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, which shall Landlord will not be unreasonably withheld; providedwithhold its consent to alterations, however, physical additions or changes to the Leased Premises that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not adversely affect any systems or equipment of the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or the Projectother base Building improvements or systems, provided such changes (b) do not affect the structural integrity or any structural components of the Building or the Project, (ci) are not visible from the exterior of the Leased Premises or the Building, (dii) do not require a building permitaffect the exterior of the Building, the structure of the Building or any public areas of the Project, (eiii) do not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00iv) in do not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLegal Requirements, and (fv) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project or the Complex. If Landlord consents to said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are commonly considered consistent reasonably appropriate, including without limitation, requiring Tenant to furnish Landlord with and appropriate security for the Permitted Usepayment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications, and permits for such work. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing Tenant's plans and specifications and for monitoring the construction of any proposed Alterationsmeans and methods shall be subject to Landlord's written approval. Tenant shall notify furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys' fees, upon demand. (b) The work necessary to make any requested Alterations permitted alterations, improvements, or additions to the Leased Premises shall be done at Tenant's expense by contractors approved in writingwriting by Landlord (each such contractor hereinafter referred to as an "Outside Contractor") or, at Landlord's election, ------- ---------- by Landlord (without cost or expense to Landlord). If Landlord does not respond performs any such work, upon completion of such work Tenant shall pay Landlord a fee for Landlord's supervision and administration of such work equal to ten percent (10%) of the cost of such written request within fifteen (15) Business Days following receipt thereofwork. All work performed by an Outside Contractor shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements, Landlord's requirements, the request provisions of this Section 5.5 and all applicable Project Rules. Tenant shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within give Landlord at least ten (10) days after Tenant executes prior written notice before the commencement of any work pursuant to this Section 5.5. Additionally, it shall be Tenant's responsibility to ensure that the Outside Contractor shall (i) conduct its work in such a manner so as not to unreasonably interfere with any other construction contract occurring on or in the Project or the Complex or with the transaction of business in the Project and in the Complex; (ii) comply with such reasonable rules and regulations applicable to all work being performed in the Project as may be promulgated from time to time by Landlord; (iii) maintain such insurance and bonds in full force and effect as may be reasonably requested by Landlord or as required by Legal Requirements; and (iv) be responsible for such Alterations, reaching agreement with Landlord as to the terms and as conditions for all contractor items relating to conducting its work. As a condition precedent to Landlord's approving the commencement of such AlterationsOutside Contractor pursuant hereto, Tenant and the Outside Contractor shall pay deliver to Landlord a construction management fee in an amount equal such assurances or instruments as Landlord may reasonably require to one and one-half percent (1.5%) evidence the Outside Contractor's compliance or agreement to comply with the provisions of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be clauses (i) initially based upon reasonable estimates of such costs), (ii) subject to verification by Landlord), (iii), and (iiiiv) further subject to adjustment as provided belowof this subsection (b). Landlord may require Tenant retains the right to remove any such Alterations at the expiration or sooner termination make periodic inspections to assure conformity of the Lease Term work of the Outside Contractor with the aforementioned rules and to restore regulations and with the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by plans and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been specifications approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after substantial completion of any Alterationswork by Tenant, Tenant, at Tenant's cost and expense, shall furnish Landlord "as-built" drawings of such work and shall cause the architect(s) and/or engineer(s) that performed in connection with the work to prepare a report, in form and substance acceptable to Landlord, for the benefit of Landlord, certifying to the compliance of the work constructed by any Outside Contractor with the plans and specifications approved by Landlord. Each Outside Contractor shall not perform and, upon the request of Landlord, whether written or oral, each Outside Contractor shall cease to perform, any activity that is disruptive to the conduct of business within the Project or Complex or other tenants or occupants of the Project or Complex. (c) Any and all such alterations, physical additions or improvements, when made to the Leased Premises by Tenant or on Tenant's behalf, shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant fails to remove such movables upon termination of this Lease, Landlord may have the same removed and any resulting damage repaired at Tenant's expense. In such event, such movables will automatically become the property of Landlord and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant. (d) Tenant shall not allow any liens to be filed against the Leased Premises or the Project in connection with the installation of Tenant's improvements in, or any repair or alteration work to, the Leased Premises performed by Tenant or an Outside Contractor. If any such liens shall be filed, Tenant shall provide cause the same to be released within five (5) days after the filing thereof by bonding or other method acceptable to Landlord; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant shall fail to timely cancel or discharge said lien or liens as required above, Landlord, at its sole option, may cancel or discharge the same and Tenant shall pay to Landlord with upon demand, Landlord's cost thereof plus a charge equal to fifteen percent (A15%) a complete set of both hard copies such costs for administrative cost recovery. Upon completion of any such work, Tenant shall deliver to Landlord evidence of payment, contractors' affidavits and CAD drawings of “as built” plans for such Alterations, (B) a statement full and final waivers of all final liens for, labor, services, or material. Tenant shall indemnify and hold harmless Landlord from all losses, costs, damages, claims and expenses (including attorneys' fees and costs of designsuits), demolitionliabilities or causes of action arising out of or relating to any alterations, additions or improvements that Tenant or any Outside Contractor makes to the Leased Premises, including any occasioned by the filing of any mechanic's, materialman's, construction or other liens or claims (and installation all costs or expenses associated therewith) asserted, filed or arising out of any such Alterationswork. All materialmen, together contractors, artisans, mechanics, laborers and other parties hereafter contracting with all supporting documentation thereforTenant for the furnishing of any labor, (C) copies services, materials, supplies or equipment with respect to any portion of all governmental approvalsthe Leased Premises are hereby charged with notice that they must look solely to Tenant for payment of same and Tenant's purchase orders, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid contracts and subcontracts in connection therewith must clearly state this requirement. Landlord shall have the right at all times to post and keep posted on the Leased Premises any notices permitted or required by Legal Requirements, or that Landlord shall deem proper for the protection of Landlord, the Leased Premises, the Project and any other party having an interest therein, from liens. Without limiting the generality of the foregoing, Tenant shall repair or cause to be repaired at its expense all damage caused by any Outside Contractor, its subcontractors or their employees. Tenant shall reimburse Landlord for any costs incurred by Landlord to repair any damage caused by any Outside Contractor or any costs incurred by Landlord in requiring any Outside Contractor's compliance with such Alterations was understatedthe rules and regulations. Additionally, Tenant shall reimburse Landlord for the reasonable costs Landlord may incur to have an amount equal to engineer review all mechanical, structural, electrical, plumbing and life safety systems installed by any Outside Contractor. (e) Tenant agrees specifically that no food, soft drink or other vending machine will be installed within the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofLeased Premises without Landlord's prior written approval, which approval shall not be unreasonably withheld.

Appears in 1 contract

Samples: Lease Agreement (Zixit Corp)

Alterations, Additions, and Improvements. No Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements (“Alterations”) shall be made in or to the Premises by or placement of any signs in the Premises which are visible from outside the Premises (collectively, “Tenant Work”), without obtaining the prior written consent of Landlord, Landlord which shall not may be unreasonably withheld; provided, however, that Tenant, without withheld in Landlord’s prior written consentsole discretion. Notwithstanding the foregoing, but upon Landlord will not less than ten unreasonably withhold its consent to Tenant Work that: (10i) Business Days prior written notice to Landlord, may make Alterations (including removal is non-structural and rearrangement of prior Alterations) which (a) do does not adversely affect any systems Building Systems or equipment of the Building or the Projectimprovements, (bii) do not affect the structural integrity or any structural components of the Building or the Project, (c) are is not visible from the exterior of the BuildingPremises, (diii) do does not require a building permitaffect the exterior of the Building or any Common Areas, (eiv) do does not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00v) in does not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLaws, and (fvi) are commonly considered consistent will not interfere with the use and appropriate for occupancy of any other portion of the Permitted UseProject by any other tenant or occupant of the Project. As a condition to LandlordTenant’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval. If requested by Landlord, Tenant shall execute a work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of any proposed Alterationsthe Building. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management oversight fee in an amount equal to one and one-half ten percent (1.510%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; provided, however, that such fee shall not apply to construction of any Initial Improvements. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand. Neither review nor approval by California licensed contractors approved Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in compliance with the terms paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions of the on Tenant Work Letteras are reasonably appropriate, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, compliance with any construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all lightingcosts to be incurred in connection with such Tenant Work, electricalinsurance covering Landlord against liabilities which may arise out of such work, heatingplans and specifications, ventilation, air conditioning and full height partitioning, drapery permits for such Tenant Work. Any and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and Tenant Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the termination or expiration of this Lease for any reason, unless Landlord shall require removal or sooner termination of the Leaserestoration by Tenant. Tenant shall retain title not allow any liens to all furniture and trade fixtures placed on be filed against the PremisesPremises or the Project in connection with any Tenant Work. Within thirty If any liens are filed, Tenant shall cause the same to be released within five (305) business days after Tenant’s receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. XXXXX 25 (or its equivalent) certificates of insurance evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any AlterationsTenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall provide Landlord with (A) a diligently complete set of both hard copies and CAD drawings of “as built” plans for all such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofpunch list items.

Appears in 1 contract

Samples: Lease Agreement (Us Dataworks Inc)

Alterations, Additions, and Improvements. No alterations, ------------------------------------------------------ additions, or improvements ("Alterations") shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural components or structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five exceed collectively Seventy-five Thousand Dollars ($25,000.0075,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetperiod, and (f) are commonly considered consistent with and appropriate for the Permitted Usewithout Lessor's prior written consent. As a condition to Landlord’s Lessor's obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-pocket costs and expenses of third party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to by written notice given on or before the terms earlier of Section 17.09 hereof; provided (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Tenant makes written Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request to Landlord concurrently with Tenant’s request and a copy of all plans and specifications for consent to any Alterations, then Landlord shall make its election the proposed Alteration whether or not to it will require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by LandlordLessor, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, and shall have been approved in writing by become the City property of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain ownership thereof)title to all furniture and trade fixtures placed on the Premises. All heating, all Alterations, including, without limitation, all lighting, electrical, heatingair conditioning, ventilation, air conditioning and full height partitioningpartitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Tenant, Lessee together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at Lessor upon the expiration expiration, or sooner termination of the Lease. Tenant , and shall retain title to all furniture and not be deemed trade fixtures placed on the Premisesfixtures. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee, Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “"as built" plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 1 contract

Samples: Triple Net Building Lease (Phone Com Inc)

Alterations, Additions, and Improvements. No (a) County will not make any alterations, additions, or improvements (“Alterations”) shall be made of any kind to the Leased Premises by Tenant without the prior Landlord's written consent of Landlordconsent, which consent shall not be unreasonably conditioned, delayed, or withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit . County shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay provide Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of said work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by County agrees to reimburse Landlord, in compliance with the terms and conditions of the Work Letteras Additional Rent, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within within thirty (30) days after completion receipt of an invoice therefor, for all costs incurred by Landlord in reviewing County’s proposed changes or additions and improvements and provided further that, in order to protect the functional integrity of the Building, Landlord shall have the right to approve County’s contractor, and such approval shall not be unreasonably withheld. Upon receipt of Landlord’s written approval of the County's plans and specifications (which approval shall not constitute any Alterationsapproval that such plans and specifications comply with applicable Legal Requirements), Tenant County may proceed to perform the work at County's expense, or at County's option, County may request that Landlord perform said work at County's expense and at negotiated prices. Landlord shall provide not be obligated to perform said work unless a mutually acceptable agreement is reached at the time of County’s request. County shall pay for any work performed by Landlord on County's behalf after inspection by County and with the next installment of Base Monthly Rent due after Landlord’s submission of an invoice to the County for work reasonably approved by County, as Additional Rent hereunder. (Ab) a complete set All alterations, additions, or improvements made by either of both hard copies the Parties upon the Leased Premises shall become the property of the Landlord and CAD drawings shall remain upon and be surrendered with the Leased Premises upon the expiration or earlier termination of “as built” plans for this Lease unless Landlord requires County to remove such Alterations, (B) a statement of all final costs of design, demolition, construction and property at the time Landlord approves installation of such Alterationsimprovements. County shall, together with all supporting documentation thereforLandlord's written consent (which consent shall not be unreasonably conditioned, delayed, or withheld), have the right to install any furniture or office machinery necessary in the conduct of its business within the Leased Premises, and the same shall remain the property of the County, and shall be removed by County upon the expiration or earlier termination of this Lease. (Cc) copies With respect to any construction, alterations or additions requiring unusual expense to readapt the Leased Premises to normal office use upon expiration or earlier termination of all governmental approvalsthis Lease or increase the cost of construction, if anyinsurance or taxes on the Building or of Landlord's services called for by this Lease, received in conjunction with Landlord shall be entitled to withhold its consent unless County first gives assurances acceptable to Landlord that such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal re-adaptation will be made prior to the actual expiration or earlier termination of this Lease without expense to Landlord Supervision Fee (based and makes provisions acceptable to Landlord for payment of such increased cost. All changes and additions shall be part of the Building except any items that Landlord requires County to remove upon the statement expiration or earlier termination of final coststhis Lease, it being agreed that Landlord shall notify County of any such removal requirements in writing at the time Landlord approves the item(s) less in question. (d) County shall immediately discharge of record any amount previously paid lien which is filed against the Leased Premises, the Building, the Property, or the County’s leasehold interest therein as a result of work performed by or on behalf of County. In addition, County shall immediately resolve any dispute that results in Landlord receiving a notice of intent to Landlord file lien or other similar document from any contractor performing work by or on account thereofbehalf of County.

Appears in 1 contract

Samples: Lease Agreement

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”"ALTERATIONS") shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which shall not be unreasonably withheld; condition or delay, provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of Tenant Improvements and prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any Building 8 systems, exterior appearance, structural components of the Building or the Projectstructural integrity, (c) are not visible from the exterior of the Building, (d) which do not require a building permit, (e) permit and which do not involve the expenditure of more than exceed collectively Twenty Five Thousand Dollars ($25,000.0025,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetperiod, and (f) are commonly considered consistent with and appropriate for the Permitted Usewithout Lessor's prior written consent. As a condition to Landlord’s Lessor's obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s and if consent is granted to any Alterations, then Tenantgranted, within ten (10) days after Tenant Lessee executes a construction contract for such the Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.51%) of all costs of design, demolition, construction and installation of such Alterations (any Alterations; the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee fee shall be adjusted on thirty (i30) initially based upon reasonable estimates days notice after cancellation of such coststhe Alterations and a determination of final costs of same, which Lessee shall provide to Lessor along with all supporting documentation within said thirty (ii30) subject to verification by Landlord, and (iii) further subject to adjustment as provided belowdays. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant by written notice given on or before the earlier of (i) ninety (90) days prior to the terms expiration of Section 17.09 hereof; provided the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Tenant makes written request to Landlord concurrently with Tenant’s Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request for consent to any Alterations, then Landlord shall make its election and a copy of all plans and specifications for the proposed Alteration whether or not to it will require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by LandlordLessor, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner. Such approvals shall not be unreasonably withheld, and shall have been approved in writing conditioned or delayed by the City of Sunnyvale and any other applicable governmental agenciesLessor. Subject to Landlord’s Lessor's right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall have Lessee retain ownership thereof)and remove same, all Alterationsany Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning (other then air handling equipment which is part of the Laboratory Facilities) and full height partitioningpartitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls or other movable furniture), drapery and carpeting installations made by TenantLessee, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord Lessor at the expiration or sooner termination of the Lease, unless Lessor directs otherwise. Tenant Lessee shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “"as built" plans for such same. The initial Tenant Improvements shall not be deemed "Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof."

Appears in 1 contract

Samples: Sublease (Threshold Pharmaceuticals Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any alterations, additionsphysical additions or improvements in or to the Leased Premises, or improvements (“Alterations”) shall be made to place signs on or in the Leased Premises by Tenant which are visible from outside the Leased Premises, without first obtaining the prior written consent of Landlord (which consent may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, which shall Landlord will not be unreasonably withheld; providedwithhold its consent to alterations, however, physical additions or changes to the Leased Premises that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not adversely affect any systems or equipment of the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or the Projectother base Building improvements or systems, provided such changes (b) do not affect the structural integrity or any structural components of the Building or the Project, (ci) are not visible from the exterior of the Leased Premises or the Building, (dii) do not require a building permitaffect the exterior of the Building, the structure of the Building or any public areas of the Project, (eiii) do not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00iv) in do not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLegal Requirements, and (fv) will not interfere with the use and occupancy of any other portion of the Project by any other tenant or occupant of the Project. If Landlord consents to said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are commonly considered consistent reasonably appropriate, including without limitation, requiring Tenant to furnish Landlord with and appropriate security for the Permitted Usepayment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications, and permits for such work. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing Tenant's plans and specifications and for monitoring the construction of any proposed Alterationsmeans and methods shall be subject to Landlord's written approval. Tenant shall notify furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys' fees, within thirty (30) days after demand. (b) The work necessary to make any requested Alterations permitted alterations, improve­ments, or additions to the Leased Premises shall be done at Tenant's expense by contractors approved in writingwriting by Landlord (each such contractor hereinafter referred to as an "Outside Contractor") or, at Tenant's election, by Landlord (without cost or expense to Landlord). If Landlord does not respond performs any such work, upon completion of such work Tenant shall pay Landlord a fee for Landlord's supervision and administration of such work equal to five percent (5%) of the cost of such written request within fifteen (15) Business Days following receipt thereof, the request work. All work performed by an Outside Contractor shall be deemed disapprovedperformed in a good and workmanlike manner and in compliance with all Legal Requirements, Landlord's requirements (including without limitation Paragraph 5 of Exhibit C-1), with the provisions of this Section 5.5 and all applicable Project Rules. If Landlord’s consent is granted to any Alterations, then Tenant, within Tenant shall give Landlord at least ten (10) days after Tenant executes prior written notice before the commencement of any work pursuant to this Section 5.5. Additionally, it shall be Tenant's responsibility to ensure that the Outside Contractor shall (i) conduct its work in such a manner so as not to unreasonably interfere with any other construction contract occurring on or in the Project or with the transaction of business in the Project; (ii) comply with such reasonable rules and regulations applicable to all work being performed in the Project as may be promulgated from time to time by Landlord; (iii) maintain such insurance and bonds in full force and effect as may be reasonably requested by Landlord or as required by Legal Requirements; and (iv) be responsible for such Alterations, reaching agreement with Landlord as to the terms and as conditions for all contractor items relating to conducting its work. As a condition precedent to Landlord's approving the commencement of such AlterationsOutside Contractor pursuant hereto, Tenant and the Outside Contractor shall pay deliver to Landlord a construction management fee in an amount equal such assurances or instruments as Landlord may reasonably require to one and one-half percent (1.5%) evidence the Outside Contractor's compliance or agreement to comply with the provisions of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be clauses (i) initially based upon reasonable estimates of such costs), (ii) subject to verification by Landlord), (iii), and (iiiiv) further subject to adjustment as provided belowof this subsection (b). Landlord may require Tenant retains the right to remove any such Alterations at the expiration or sooner termination make periodic inspections to assure conformity of the Lease Term work of the Outside Contractor with the aforementioned rules and to restore regulations and with the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by plans and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been specifications approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after substantial completion of any Alterationswork by Tenant, Tenant, at Tenant's cost and expense, shall furnish Landlord "as-built" drawings of such work and shall cause the architect(s) and/or engineer(s) that performed in connection with the work to prepare a report, in form and substance acceptable to Landlord, for the benefit of Landlord, certifying to the compliance of the work constructed by any Outside Contractor with the plans and specifications approved by Landlord. Each Outside Contractor shall not perform and, upon the request of Landlord, whether written or oral, each Outside Contractor shall cease to perform, any activity that is unreasonably disruptive to the conduct of business within the Project or other tenants or occupants of the Project. (c) Any and all such alterations, physical additions or improvements, when made to the Leased Premises by Tenant or on Tenant's behalf, shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant fails to remove such movables upon termination of this Lease, Landlord may have the same removed and any resulting damage repaired at Tenant's expense. In such event, such movables will automatically become the property of Landlord and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant. (d) Tenant shall not allow any liens to be filed against the Leased Premises or the Project in connection with the installation of Tenant's improvements in, or any repair or alteration work to, the Leased Premises performed by Tenant or an Outside Contractor; provided Tenant shall not be responsible for liens filed in connection with any work performed by Landlord in the Leased Premises. If any such liens shall be filed, Tenant shall provide cause the same to be released within ten (10) days after the filing thereof by bonding or other method acceptable to Landlord; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant shall fail to timely cancel or discharge said lien or liens as required above, Landlord, at its sole option, may cancel or discharge the same and Tenant shall pay to Landlord with upon demand, Landlord's cost thereof plus a charge equal to ten percent (A10%) a complete set of both hard copies such costs for administrative cost recovery. Upon completion of any such work, Tenant shall deliver to Landlord evidence of payment, contractors' affidavits and CAD drawings of “as built” plans for such Alterations, (B) a statement full and final waivers of all final liens for, labor, services, or material. Tenant shall indemnify and hold harmless Landlord from all losses, costs, damages, claims and expenses (including reasonable attorneys' fees and costs of designsuits actually incurred), demolitionliabilities or causes of action arising out of or relating to any alterations, additions or improvements that Tenant or any Outside Contractor makes to the Leased Premises, including any occasioned by the filing of any mechanic's, materialman's, construction or other liens or claims (and installation all costs or expenses associated therewith) asserted, filed or arising out of any such Alterationswork, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid provided Tenant shall not be responsible for liens filed in connection with any work performed by Landlord in the Leased Premises. All materialmen, contractors, artisans, mechanics, laborers and other parties hereafter contracting with Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Leased Premises are hereby charged with notice that they must look solely to Tenant for payment of same and Tenant's purchase orders, contracts and subcontracts in connection therewith must clearly state this requirement. Landlord shall have the right at all times to post and keep posted on the Leased Premises any notices permitted or required by Legal Requirements, or that Landlord shall deem proper for the protection of Landlord, the Leased Premises, the Project and any other party having an interest therein, from liens. Without limiting the generality of the foregoing, Tenant shall repair or cause to be repaired at its expense all damage caused by any Outside Contractor, its subcontractors or their employees. Tenant shall reimburse Landlord for any costs incurred by Landlord to repair any damage caused by any Outside Contractor or any costs incurred by Landlord in requiring any Outside Contractor's compliance with the rules and regulations. Additionally, Tenant shall reimburse Landlord for the reasonable costs Landlord may incur to have an engineer review all mechanical, structural, electrical, plumbing and life safety systems installed by any Outside Contractor. (e) Tenant agrees specifically that no food, soft drink or other vending machine will be installed within the Leased Premises without Landlord's prior written approval; provided, however, such Alterations was understatedapproval shall not be withheld provided (i) the use of such machines are restricted to Tenant's employees and clients, an amount equal to and (ii) Landlord approves the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account location, visibility and condition thereof.

Appears in 1 contract

Samples: Lease Agreement (FSP Phoenix Tower Corp)

Alterations, Additions, and Improvements. No (a) Tenant shall not create any openings in the roof or exterior walls, nor shall Tenant make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises without the prior written consent of Landlord. Landlord, at Landlord's sole discretion, may accept the tenant improvements and require them to remain part of the premises at the time of written approval of the addition, alteration or improvement, or may elect to have them designated to be removed at the termination of the lease. All improvements that Tenant fails to notify Landlord of in writing by either error, omission, or otherwise also are at Landlord's sole discretion (i) to become part of the premises, (ii) to be removed at the termination of the lease, or (iii) the Landlord may require such item or items to be removed at Tenant's expense upon a ten (10) day written notice. (b) Tenant may, without the prior written consent of Landlord, which shall not be unreasonably withheld; providedbut, howeverat its own cost and expense, that Tenantand in good workmanlike manner, make such minor alterations, additions, or improvements or erect, remove or alter such partitions, or erect shelves, bins, machinery, and trade fixtures as Tenant may deem advisable, without altering the basic character of the Premises, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. (c) At the termination of this lease, Tenant shall, if Landlord so elects, remove all or part of any alterations, additions, improvements, and partitions erected by Tenant (exact items to be determined at the sole discretion of the Landlord’s prior written consent, but upon not less than ten (10also pursuant to Para. 7.3(a) Business Days prior written notice above) and restore the Premises to its original condition or condition acceptable to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit otherwise such improvements shall be applicable delivered up to Landlord with respect to paint or carpetthe Premises. All shelves, bins, machinery, and (f) are commonly considered consistent with trade fixtures installed by Tenant may be removed by Tenant at the termination of this Lease if Tenant so elects, and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification so removed if required by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to shall restore the Premises to their prior its original condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request or condition acceptable to Landlord concurrently (see Para. 7.1(c) above). (d) In connection with Paragraph 7.3(c), all of Tenant’s request for consent to any Alterations's furniture, then movable trade fixtures and other personal property not removed by Tenant from the Premises within five days after Landlord shall make request such removal in writing following the termination of this Lease, whether termination shall occur by lapse of time or otherwise, shall be conclusively presumed to have been abandoned by Tenant, and Landlord may, at its election whether or not to require removal option and election, subsequently take possession of such Alterationsproperty and either (i) declare same to be the property of the Landlord, if at all, or (ii) at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by dispose of such property in any manner Landlord, in compliance with the terms its sole discretion, shall deem most advisable. Nothing contained in this Paragraph 7.3(d) shall prejudice or impair Landlord's rights pursuant to Paragraph 14 and conditions Paragraph 20 of the Work Letter, including but not limited to the “Specifications” and “Requirements” this Lease. Rights granted Landlord under this Paragraph 7.3(d) shall be cumulative of Landlord's rights as set forth thereinin Paragraph 14 and Paragraph 20. (e) In regard to Tenant installed electrical wiring, along with all applicable lawselectrical switches, and in good and workmanlike mannercircuit boxes, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 electrical conduit, water coolers, windows, light fixtures, exhaust fans, exhaust fan motors, office improvements or additions, storage additions, drywall construction, gas fired or infrared type heat units (in which case Tenant shall retain ownership thereofwhether attached or hanging), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning units, natural gas piping, gas heaters, doors, locks, or hardware for windows and full height partitioningdoors located in or upon the subject property, drapery it is expressly agreed by the parties hereto that, once installed (whether bolted, screwed or hanging), any such property described in this paragraph shall be and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures Leased Property and shall become the property of owned by Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal once attached to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofbuilding and/or premises.

Appears in 1 contract

Samples: Gross Lease Agreement (Us Global Aerospace Inc)

Alterations, Additions, and Improvements. No (a) Except as otherwise expressly provided herein, no changes, alterations, additionserections, additions or improvements (“Alterations”) shall be made to the Leased Premises by Tenant without the prior written consent of Landlordthe Lessor, which shall consent may not be unreasonably withheld; provided. All of such changes, howeveralterations, that Tenanterections, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems additions or equipment improvements shall be made solely at the expense of the Building Lessee, and the Lessee agrees to protect, indemnify and save harmless the Lessor on account of any injury to third persons or property by reason of any such changes, alterations, erections, additions or improvements, and to protect, indemnify and save harmless the ProjectLessor from the payment of any claims of any kind or character on account of bills for labour or material in connection therewith. Any changes, alterations, additions or improvements placed upon the Leased Premises by either party during the term hereof shall be the sole property of the Lessor, except as provided in Clause 10 herein. (b) do In the event the Lessor should give its consent pursuant to Clause 10(a) herein, the Lessee shall not erect any structure upon the Leased Premises or make any changes, alterations, erections, additions or improvements to the Building which might affect the structural integrity or any structural components soundness of the Building without first submitting to the Lessor drawings and specifications therefor prepared by qualified architects or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetengineers, and (f) are commonly considered consistent with and appropriate for conforming to good engineering or architectural practice. The Lessor shall have the Permitted Use. As a condition right, from time to Landlord’s obligation time, to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term enter and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided thatinspect all such changes, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterationsalterations, then Landlord shall make its election whether additions or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofimprovements.

Appears in 1 contract

Samples: Lease Agreement (Rotoblock CORP)

Alterations, Additions, and Improvements. No Lessee may make no alterations, additions, or improvements (“Alterations”) shall be made in or to the Premises by Tenant demised premises or any part thereof without the prior written consent of LandlordLessor, which consent shall not be unreasonably withheld; provided. Lessor, howeverin its sole discretion, that Tenantshall determine if any alterations, without Landlord’s prior written consentimprovements or additions in, but upon not less than ten (10) Business Days prior written notice on, or to Landlordthe demised premises shall be made by Lessee. Any such alterations, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems additions or equipment improvements in, on or to the demised property shall at once become a part of the Building demised premises as a fixture. Any period of alterations, additions or the Projectimprovements by Lessee shall be made by Lessee at Lessee’s sole cost and expense. Lessee shall guaranty that any alterations or improvements shall be made in good and xxxxxxx like manner, (b) do in compliance with all government requirements, and rating bureau recommendations. The Lessee shall obtain all necessary permits from governmental authorities, and shall pay all fees and penalties associated therewith. Lessee agrees not affect the structural integrity to create, incur, impose or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve to exist any lien or other obligation against the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance demised premises or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction Lessor because of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond repair or decoration permitted or required to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification made by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition Lessee pursuant to the terms of Section 17.09 hereof; provided thatthis lease. Lessee agrees to hold Lessor harmless from and all claims and demands by contractors or any third parties against the demised premises or Lessor relating to, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal arising out of such Alterationsalterations, if at allimprovements, at the time consent to such Alterations is givenrepairs or decorations. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and Lessee shall have been approved in writing by the City of Sunnyvale and no authority to create or place any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration lien or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion encumbrance of any Alterations, Tenant shall provide Landlord with (A) a complete set kind whatsoever upon or in any manner to bind the interest of both hard copies Lessor in the demised premises. Lessee covenants and CAD drawings of “as built” plans agrees to pay promptly all sums legally due and payable by it because any labor performed or materials purchased for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to demised premises upon which lien can or may be asserted against demised premises or the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofimprovements thereon.

Appears in 1 contract

Samples: Commercial Lease

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which consent Landlord will not unreasonably withhold, condition or delay and which consent shall not be unreasonably withheld; providedgranted or denied within four (4) business days after such written request. In the event Landlord fails to promptly respond to such request, however, that Tenant, without then Tenant may resubmit the same to Landlord’s prior written consentrepresentative with a cover letter stating “Landlord’s failure to respond within four (4) business days shall result in the deemed approval of the attached” in all capital letters and in bold face type. In the event Landlord thereafter fails to respond to the request for consent to Alterations by the date which is the later of the original response period set forth above or the four (4) business days following the second notice, but upon not less than ten (10) Business Days prior written notice then consent to such Alterations shall be deemed granted by Landlord. Notwithstanding the foregoing, Tenant may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any Building 8 systems, exterior appearance, structural components of the Building or the Projectstructural integrity, (c) are not visible from the exterior of the Building, (d) which do not require a building permit, (e) permit and which do not involve the expenditure of more than Twenty Five exceed collectively Ten Thousand Dollars ($25,000.0010,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except period, without Landlord’s prior written consent; further provided, notwithstanding anything to the contrary set forth herein, Landlord’s consent shall not be required for any Alteration that no dollar limit shall be applicable is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting, subject to compliance with respect to paint or carpet, the Rules and (f) are commonly considered consistent with and appropriate for the Permitted UseRegulations. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay shall reimburse Landlord upon within thirty (30) days following demand for the reasonable out-of-pocket costs and expenses of third party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 18.9 hereof; , provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then that Landlord shall make its election whether or not to require removal of such Alterationselection, if at all, at the time consent to such Alterations Alteration is given, if such election is requested in writing of Landlord at such time by Tenant. All Alterations to be made to the Premises which require Landlord’s consent shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations requiring a building permit shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Tenant by California licensed architects, engineers, and contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawsApplicable Law, and in good and workmanlike manner, and shall have been approved in writing by the Redwood City of Sunnyvale and any other applicable governmental agencies. Such approvals shall not be unreasonably withheld, conditioned or delayed by Landlord. Subject to Landlord’s right to require have Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof)and remove same, all Alterationsany Alteration, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning (with the exception of any portable cooling units which are not affixed to the Premises or any improvements therein in any way) and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the this Lease, unless Landlord directs otherwise. Tenant shall retain title to all furniture and trade fixtures placed on the PremisesPremises by Tenant. Within thirty (30) days after completion of any AlterationsAlteration requiring a building permit, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together the same. This Section shall not apply to any the Tenant Improvements performed in accordance with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofTenant Work Letter.

Appears in 1 contract

Samples: Triple Net Lease (C3.ai, Inc.)

Alterations, Additions, and Improvements. No Lessee may not make any alterations, additionsimprovements or additions in, on or improvements (“Alterations”) shall be made about any of the Property, including but not limited to the Premises by Tenant Xxxxxx's occupied portion, without first obtaining the prior written consent of LandlordLessor’s Town Manager and Public Works Director, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s the prior written consentconsent of the industrial park property owners’ association, and any permits or approvals customarily required for such work by Mono County. Lessee, its customers, employees, vendors, invitees, contractors, and maintenance workers shall take all precautionary measures not to leak, spill, or release a hazardous substance in or on the Property or the Property, and to immediately notify Lessor if any leakage, spillage or release of a hazardous substance occurs. 12.1 Any and all alterations which become fixtures under California law shall at once become a part of the realty and belong to Lessor. However, Lessor may, in its sole discretion, require Lessee to remove any alterations, fixtures, or other tenant improvements prior to vacating the Property. Lessee shall be responsible for repair for any damage caused by said removal. 12.2 Lessee shall keep the Property free from any liens arising out of any work performed, materials furnished or obligations incurred by Xxxxxx, and Lessee shall be responsible for the removal of any such liens and all costs to remove same. Failure to remove any such liens within thirty (30) calendar days of written request by Lessor shall constitute a default of this Lease. 12.3 At its election, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect without having any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunderdo so, Tenant hereby agrees to Lessor may pay Landlord upon demand for the reasonable out-of-pocket costs such liens not so removed by Xxxxxx and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then TenantXxxxxx shall, within ten (10) days after Tenant executes a construction contract following the receipt of written request from Xxxxxx, reimburse Lessor for all such Alterations, and as a condition precedent costs incurred by Lessor with respect to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofliens.

Appears in 1 contract

Samples: Lease Agreement

Alterations, Additions, and Improvements. No (a) Any alterations, additions, additions or improvements (“Alterations”) shall be made to the Premises Building or the Property by or at the request of Tenant, are herein referred to as "TENANT'S ALTERATIONS." Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that make any Tenant, 's Alterations to the Building without Landlord’s 's prior written consent, but upon not less than ten except for non-structural interior alterations and the initial Tenant Improvements (10) Business Days prior written notice which are to Landlord, may make be constructed subject to the provisions of Article Fourteen below). Tenant shall promptly remove any Tenant's Alterations (including removal and rearrangement constructed in violation of prior Alterations) which this Section 6.05 (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to upon Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such 's written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is givenrequest. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Tenant's Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, performed in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in a good and workmanlike manner, in conformity with all Applicable Laws, and shall have been approved in writing by to the City of Sunnyvale and any other applicable governmental agencies. Subject extent Landlord's consent is required, using a contractor reasonably acceptable to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case . Upon completion of any such work, Tenant shall retain ownership thereof)make available for Landlord's review and copying, any "as built" plans, construction contracts, and proof of payment for labor and materials in Tenant's possession. (b) Tenant shall pay when due all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning claims for labor and full height partitioning, drapery material contracted for by Tenant and carpeting installations made by Tenant, together with all property that has become an integral part of furnished to the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the LeaseProperty. Tenant shall retain title to all furniture and trade fixtures placed give Landlord at least ten (10) days' prior written notice of the commencement of any work with an anticipated cost of One Hundred Fifty Thousand Dollars ($150,000.00) in Constant Dollars (defined below) or more on the PremisesProperty (other than the initial Tenant Improvements), regardless of whether Landlord's consent to such work is required. Within thirty (30) days after completion of Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant's Alterations, Tenant shall provide Landlord with (A) a complete set regardless of both hard copies and CAD drawings of “as built” plans for whether Landlord's consent to such Alterationswork is 7155 Lindell Road Xxx Vegas, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.Nevada Nevada Power Company

Appears in 1 contract

Samples: Lease Agreement (Sierra Pacific Resources /Nv/)

Alterations, Additions, and Improvements. No (a) Tenant shall not make or allow to be made any alterations or physical additions in or to the Premises or Building (such as changes or alterations that would affect the interior or exterior of the Building, window treatments, paint, surface texture, awnings or light fixtures) without first obtaining the written consent of Landlord in each such instance, which consent shall not be unreasonably withheld, conditioned or delayed (except as otherwise expressly provided hereinafter). Landlord’s consent right hereunder shall include, without limitation, the right to approve Tenant’s proposed plans and specifications relating to such proposed alterations or SUBLEASE AGREEMENT Page 00 XXX XXXXXX XXXXXXX BUILDING physical additions, which approval shall not be unreasonably withheld, conditioned or delayed. Withholding of Landlord’s consent will be deemed reasonable if Landlord reasonably believes any such alterations or changes to the Premises or Building could cause the Building to not be in compliance with the standards required for the Building to maintain its Part 3 Certification from the United States Department of the Interior, National Park Service. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability, claim, or damage resulting from any work done by Tenant in or to the Premises. Any and all alterations, physical additions, or improvements (“Alterations”) shall be improvements, when made to the Premises by Tenant without Tenant, shall be done in a good and workmanlike manner, lien-free and in accordance with all applicable laws, codes, regulations, and requirements and shall at once become the prior written consent property of Landlord. Notwithstanding any other provision in this Lease, which Landlord’s consent shall not be unreasonably withheld; provided, however, required for any alteration or improvement that Tenant, without Landlord’s prior written consent, but upon (i) will not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not adversely affect any systems or equipment the structural elements of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet’s major systems, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject will not cause the Building to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions standards required for the Building to maintain its Part 3 Certification from the United States Department of the Work LetterInterior, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. National Park Service. (b) Subject to Landlord’s right to require approve Tenant’s proposed plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to remove Alterations install a custom staircase within the Premises, at Tenant’s sole cost and expense, provided such custom staircase complies with all applicable laws, codes and regulations, and with Landlord’s structural requirements for the affected floors. If Tenant installs such staircase, Tenant shall be responsible for removing the same when Tenant vacates the Premises at the end of the Lease Term and for restoring the area to its prior condition. (c) Subject to Landlord’s right to approve Tenant’s proposed plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right (i) to use the existing structurally-prepared rooftop patio (1,918 square feet); provided, that if Tenant elects to use such space, Tenant shall, at its sole cost and expense, install a decking finish which complies with all applicable laws, codes and regulations (with the costs associated therewith to be deducted from the Allowance); and (ii) to finish out all or any portion of the remainder of the roof area, at Tenant’s sole cost and in compliance with all applicable laws, codes and regulations; provided, that such remainder of the roof area is not, as of the Effective Date, structurally prepared, such that Tenant, if it elects to finish out all or any part of such area, must also cause the same to be structurally prepared, at Tenant’s sole cost and in compliance with all applicable laws, codes and regulations. Any such roof-top area improved by Tenant in accordance with herewith, and Tenant’s use thereof, shall be subject to all of the terms and conditions set forth in this Section 6.03 Lease (in which case Tenant shall retain ownership thereofincluding without limitation Tenant’s maintenance obligations under Paragraph 13), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made other than those pertaining to the payment of rent. With respect to any such construction by Tenant, together (A) Tenant shall consult with all property a structural engineer of Landlord’s choice and/or Landlord’s roofing contractor to insure that has become an integral part neither the integrity of the roof of the Premises, nor Landlord’s roof warranty, shall be negatively affected by the placement and installation of any of the foregoing roof-top improvements; (B) any and all roof penetrations must be performed by Landlord’s roofing contractor; and (C) any structural and/or roof damage caused by the installation, use, operation or maintenance of any of the foregoing roof-top improvements shall be promptly repaired at Tenant’s sole cost and expense. For the avoidance of doubt, the parties acknowledge and agree that the rooftop areas, including the patio, shall be considered and treated as rentable square feet within the Premises but shall not be deemed trade fixtures included in the calculation of rent or the Allowance. (x) Notwithstanding any consents or approvals that Landlord may grant pursuant to this Lease (including without limitation pursuant to the foregoing provisions of this Paragraph 17), Tenant acknowledges and agrees that it shall become not be permitted to proceed with the property construction or installation of Landlord at any proposed modification to the expiration Building or sooner termination the Premises (including without limitation Tenant’s Work) until all required approvals have been obtained from the United States Department of the LeaseInterior, the National Park Service and the Texas Historical Commission, as applicable. Notwithstanding anything to the contrary contained herein, (i) Landlord will reasonably cooperate with Tenant in Tenant’s efforts to secure any such necessary approvals, but Landlord shall not be required to incur any expense in connection therewith, and (ii) Tenant shall retain title be entitled to all furniture rely on any required approvals obtained from the United States Department of the Interior, the National Park Service and trade fixtures placed on the Premises. Within thirty Texas Historical Commission in connection with any construction in or about, or modification to, the Building or the Premises (30) days after completion of any Alterationsincluding without limitation Tenant’s Work), and provided that the work done by Tenant is performed in accordance with such required approvals, Tenant shall provide Landlord with have no liability for any costs or damages (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final including the costs of designany required renovation) should it later be determined that any such approval was given erroneously or that historic approvals were required from other agencies or entities for the applicable work previously approved by the United States Department of the Interior, demolitionthe National Park Service and the Texas Historical Commission, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofas applicable.

Appears in 1 contract

Samples: Sublease Agreement (A. H. Belo Corp)

Alterations, Additions, and Improvements. No (a) After completion of the “Initial Work”, Tenant shall not make any alterations, additions, additions or improvements to the Premises (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent. Landlord shall not unreasonably withhold, but upon not less than ten (10) Business Days prior written notice condition or delay its consent to Landlord, may make any Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any adversely impact the structure, mechanical systems or equipment exterior of the Building or result in a material impairment of the Projectvalue of the Premises and/or the Property. Notwithstanding the foregoing, Landlord’s consent shall not be required (bi) for any Alterations of a cosmetic nature only, and/or (ii) for any Alterations having an estimated cost equal to or less than $75,000.00 in the aggregate per project which do not affect adversely impact the structural integrity structure, mechanical systems or any structural components exterior of the Building or the Project, (c) are not visible from the exterior result in a material impairment of the Buildingvalue of the Premises and/or the Property ((i) and (ii) above being collectively referred to as the “Minor Alterations”), provided that Tenant shall provide Landlord with thirty (d30) do not require days’ written notice prior to making any Minor Alterations except for Minor Alterations of a building permit, (e) do not involve the expenditure of more cosmetic nature only and Minor Alterations having an estimated cost equal to or less than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) 5,000.00 in the aggregate during per project. Prior to making any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate Alterations for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If which Landlord’s consent is granted to any Alterationsrequired hereunder, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay submit to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with detailed plans and specifications which have been furnished to for such Alterations and approved reimburse Landlord for all reasonable expenses incurred by Landlord in writing prior connection with its review thereof, and Tenant shall also provide to commencement Landlord for its reasonable approval the identity of workthe contractor Tenant proposes to employ to construct the Alterations. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations accomplished in accordance with this Section 6.03 the following conditions: (in which case i) Tenant shall retain ownership thereof), procure all governmental permits and authorizations for the Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery obtain and carpeting installations made by Tenant, together with all property that has become an integral part provide to Landlord a certificate of occupancy upon completion of the PremisesAlterations, if appropriate. (ii) Tenant shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination arrange for extension of the Lease. Tenant shall retain title liability insurance provided for in Section 7 to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal apply to the actual Landlord Supervision Fee construction of the Alterations. (based upon the statement of final costsiii) less any amount previously paid to Landlord on account thereofIntentionally omitted.

Appears in 1 contract

Samples: Lease Agreement (Kulicke & Soffa Industries Inc)

Alterations, Additions, and Improvements. No alterations, ----------------------------------------------------- additions, or improvements ("Alterations") shall be made to the Premises by Tenant Lessee without the prior written consent of LandlordLessor which Lessor will not unreasonably withhold, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, Lessee may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the Building systems, exterior appearance, structural components or structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) and which do not require a building permit, (e) do not involve the expenditure of more than Twenty Five exceed collectively One Hundred Thousand Dollars ($25,000.00100,000) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during cost within any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetperiod, and (f) are commonly considered consistent with and appropriate for the Permitted Usewithout Lessor's prior written consent. As a condition to Landlord’s Lessor's obligation to consider any request for consent hereunder, Tenant hereby agrees to Lessee shall pay Landlord Lessor upon demand for the reasonable out-of-pocket costs and expenses of third-party consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord Lessor may require Tenant Lessee to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to by written notice given on or before the terms earlier of Section 17.09 hereof; provided (i) the expiration of the Lease Term or (ii) thirty (30) days after termination of the Lease or (iii) thirty (30) days after a written request from Lessee for such notice from Lessor provided, that, if Tenant makes written Lessee requests same from Lessor, Lessor will notify Lessee within five (5) business days after receipt of Lessee's request to Landlord concurrently with Tenant’s request and a copy of all plans and specifications for consent to any Alterations, then Landlord shall make its election the proposed Alteration whether or not to it will require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval. All Alterations to be made to the Premises shall be designed by and made under the supervision of a competent, California licensed architect and/or competent California licensed structural engineer (each of whom has been approved by LandlordLessor) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord Lessor in writing prior to commencement of work. All Alterations shall be designed, constructed and installed, installed at the sole cost and expense of Tenant, Lessee by California licensed architects, engineers, and contractors approved by LandlordLessor, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable lawslaw, and in good and workmanlike manner. Any Alteration except furniture and trade fixtures, and shall have been approved in writing by become the City property of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant Lessor at the expiration, or sooner termination of the Lease, unless Lessor directs otherwise, provided that Lessee shall retain ownership thereof)title to all furniture and trade fixtures placed on the Premises. All heating, all Alterations, including, without limitation, all lighting, electrical, heatingair conditioning, ventilation, air conditioning and full height partitioningpartitioning (but not moveable, free standing cubicle-type partitions which do not extend to the ceiling or connect to Building walls), drapery and carpeting installations made by Tenant, Lessee together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at Lessor upon the expiration expiration, or sooner termination of the Lease. Tenant , and shall retain title to all furniture and not be deemed trade fixtures placed on the Premisesfixtures. Within thirty (30) days after completion of any AlterationsAlteration, Tenant Lessee, Lessee shall provide Landlord Lessor with (A) a complete set of both hard copies and CAD drawings of “"as built" plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofsame.

Appears in 1 contract

Samples: Triple Net Building Lease (Nuance Communications)

Alterations, Additions, and Improvements. No Subject to the provisions of this Article V, Lessee may make any alterations, additions, improvements or improvements other changes to the RDU Assets as may be necessary or useful in connection with the operation of the RDU Assets (collectively, the AlterationsAdditional Improvements”) so long as such Additional Improvements are (a) in conformity with all Applicable Laws, (b) made after obtaining any required Permits, (c) allowed by the Master Lease and (d) approved in advance by Lessor. Lessee shall be made to promptly pay the Premises by Tenant without the prior written consent entire cost of Landlordany such change, which shall not be unreasonably withheldaddition or improvement; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit Lessor shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate reimburse Lessee for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification if any, that constitute Capital Maintenance Costs. Any Additional Improvements by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and Lessee shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in a good and workmanlike manner, manner and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, Applicable Laws. Lessee shall not be deemed trade fixtures and shall become have the property right or power to create or permit any lien of Landlord at the expiration any kind or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed character on the PremisesRDU Assets, the Premises or Additional Improvements by reason of repair or construction or other work. Within In the event any such lien is filed against the RDU Assets, the Premises or Additional Improvements, Lessee shall cause such lien to be discharged or bonded within thirty (30) days of the date of filing thereof. Unless otherwise agreed in writing by the Parties at the time an Additional Improvement is made, all Additional Improvements shall be owned by Lessee for the Term of this Asset Lease and shall be removed by Lessee no later than first to occur of (y) the date on which such Additional Improvements must be removed pursuant to this Asset Lease, or (z) one (1) year after completion termination of any Alterations, Tenant shall provide Landlord with this Asset Lease (A) a complete set of both hard copies and CAD drawings of “as built” plans for provided that in either case such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal Additional Improvements can be removed by Lessee without unreasonable damage or harm to the actual Landlord Supervision Fee (based RDU Assets or the Premises) or, at Lessee’s option exercisable by notice to Lessor, surrendered to Lessor upon the statement termination of final costs) less any amount previously paid to Landlord on account thereofthis Asset Lease.

Appears in 1 contract

Samples: Asset Lease Agreement (HollyFrontier Corp)

Alterations, Additions, and Improvements. No (a) Tenant shall not make any alterations, additions, additions or improvements to the Premises (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent. Landlord shall not unreasonably withhold, but upon not less than ten (10) Business Days prior written notice delay or condition its consent to Landlordnon-structural Alterations, provided that Tenant may make any non-structural Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars (exceed $25,000.00) 50,000 in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to cost without Landlord’s obligation consent. Prior to consider making any request for consent hereunderAlterations, Tenant hereby agrees shall submit to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing detailed plans and specifications for Alterations and reimburse Landlord for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved expenses incurred by Landlord in writing prior connection with its review thereof, and Tenant shall also provide to commencement Landlord for its approval the identity of workthe contractor Tenant proposes to employ to construct the Alterations. All Alterations shall be constructed accomplished in accordance with the following conditions: (1) Tenant shall procure all governmental permits and installedauthorizations for the Alterations, at and obtain and provide to Landlord an official certificate of occupancy upon completion of the sole cost Alterations, if appropriate. (2) Tenant shall arrange for extension of the liability insurance provided for in Section 7 to apply to the construction of the Alterations. (3) The employment of any employee, contractor or laborer in or about the Premises in connection with the Alterations, or Tenant’s moving of furniture and expense equipment in or out of Tenantthe Premises or otherwise, by California licensed contractors approved by shall not materially interfere or cause any conflict with any employee, contractor or laborer of Landlord or union representing any of them engaged in the construction, operation, maintenance or repair of the Property. In the event of such interference, upon demand of Landlord, in compliance Tenant will cause such employee, contractor or laborer to leave the Property immediately. (4) The work with the terms and conditions of the Work Letter, including but not limited respect to the “Specifications” Alterations shall be done in a neat, clean and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike quiet manner, and shall have been approved in writing not unreasonably interfere with the use and occupancy of the Buildings by other tenants. (5) Tenant shall construct the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (a good and workmanlike manner utilizing materials of first quality and in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together compliance with all property that has become an integral part laws and governmental regulations. (6) Upon completion of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with a final construction lien waiver from any and all of Tenant’s contractors, subcontractors or sub-subcontractors, suppliers of materials and all other persons or entities acting for, through or under any of the foregoing. Such final construction lien waivers shall be accompanied by a copy of the canceled check for final payment. (A7) a complete set Within twenty (20) days after completion of both hard copies and CAD drawings of the Alterations, Tenant shall provide Landlord with “as built” plans for such of the Alterations. (b) All Alterations shall be the property of Landlord and shall remain on and be surrendered with the Premises upon termination of the Lease, unless Landlord shall notify Tenant at the time Landlord approves the applicable Alterations, (B) a statement or if no approval is required, at the time Tenant notifies Landlord of all final costs of design, demolition, construction and installation of such the applicable Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with that it desires that such Alterations andbe removed at the expiration of the Lease, (D) if in which event Tenant agrees to remove such Alterations on or prior to the Expiration Date, restore the Premises to its existing condition prior to construction of the Alterations and repair any damage to the Premises or the Building caused by such removal. Notwithstanding the foregoing, Landlord Supervision Fee paid hereby agrees that Tenant shall not be required to remove any Alterations existing on the Premises as of the Commencement Date. Anything in this Lease contained to the contrary notwithstanding, Tenant shall not be required to remove any Alterations performed by Tenant after the Commencement Date provided that such Alterations are of the kind typically made in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofgeneral office use.

Appears in 1 contract

Samples: Lease Agreement (Bio Imaging Technologies Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days business days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, and (e) do not involve the expenditure of more than Twenty Five Ten Thousand Dollars ($25,000.0010,000.00) in any given instance or Seventy Twenty-Five Thousand Dollars ($75,000.0025,000) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Useperiod. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereofIn addition, the request shall be deemed disapproved. If if Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then that Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. Notwithstanding the foregoing, any Alterations not approved by Landlord in writing (regardless of whether such Alterations required Landlord’s approval hereunder) shall, unless otherwise directed by Landlord, be removed at the expiration or sooner termination of the Lease Term and Tenant shall restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth thereinLetter Agreement attached hereto as Exhibit C, along with all applicable lawsApplicable Laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale Santa Xxxx and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, and (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations therefor and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.

Appears in 1 contract

Samples: Triple Net Space Lease (Imprivata Inc)

Alterations, Additions, and Improvements. No (a) Tenant shall not permit the Leased Premises to be used for any purpose other than that stated in Section 2.2 hereof, or make or allow to be made any alterations, additionsphysical additions or improvements in or to the Leased Premises, or improvements (“Alterations”) shall be made to place signs on or in the Leased Premises by Tenant which are visible from outside the Leased Premises, without first obtaining the prior written consent of Landlord (which consent may be withheld in Landlord's sole discretion). Notwithstanding the foregoing, which shall Landlord will not be unreasonably withheld; providedwithhold its consent to alterations, however, physical additions or changes to the Leased Premises that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not adversely affect any systems or equipment of the Building structural, mechanical, electrical, plumbing, heating, ventilating, air conditioning, life safety or the Projectother base Building improvements or systems, provided such changes (b) do not affect the structural integrity or any structural components of the Building or the Project, (ci) are not visible from the exterior of the Leased Premises or the Building, (dii) do not require a building permitaffect the exterior of the Building, the structure of the Building or any public areas of the Project, (eiii) do not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00iv) in do not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLegal Requirements, and (fv) will not interfere with the use and occupancy of any other portion of the Project or the Complex by any other tenant or occupant of the Project or the Complex. If Landlord consents to said alterations, improvements, or additions, or placement of signs, Landlord may impose such conditions with respect thereto as are commonly considered consistent reasonably appropriate, including without limitation, requiring Tenant to furnish Landlord with and appropriate security for the Permitted Usepayment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications, and permits for such work. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing Tenant's plans and specifications and for monitoring the construction of any proposed Alterationsmeans and methods shall be subject to Landlord's written approval. Tenant shall notify furnish to Landlord any documents and information requested by Landlord in connection with the exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys' fees, upon demand. (b) The work necessary to make any requested Alterations permitted alterations, improvements, or additions to the Leased Premises shall be done at Tenant's expense by contractors approved in writingwriting by Landlord (each such contractor hereinafter referred to as an "Outside Contractor") or, at Landlord's election, ------------------ by Landlord (without cost or expense to Landlord). If Landlord does not respond performs any such work, upon completion of such work Tenant shall pay Landlord a fee for Landlord's supervision and administration of such work equal to ten percent (10%) of the cost of such written request within fifteen work. All work performed by an Outside Contractor shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements, Landlord's requirements (15) Business Days following receipt thereofincluding without limitation Paragraph 5 of Exhibit C-1), the request provisions of this Section 5.5 and all ----------- applicable Project Rules. Tenant shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within give Landlord at least ten (10) days after Tenant executes prior written notice before the commencement of any work pursuant to this Section 5.5. Additionally, if Landlord does not perform such work it shall be Tenant's responsibility to ensure that the Outside Contractor shall (i) conduct its work in such a manner so as not to unreasonably interfere with any other construction contract occurring on or in the Project or the Complex or with the transaction of business in the Project and in the Complex; (ii) comply with such reasonable rules and regulations applicable to all work being performed in the Project as may be promulgated from time to time by Landlord; (iii) maintain such insurance and bonds in full force and effect as may be reasonably requested by Landlord or as required by Legal Requirements; and (iv) be responsible for such Alterations, reaching agreement with Landlord as to the reasonable terms and as conditions for all contractor items relating to conducting its work. As a condition precedent to Landlord's approving the commencement of such AlterationsOutside Contractor pursuant hereto, Tenant and the Outside Contractor shall pay deliver to Landlord a construction management fee in an amount equal such assurances or instruments as Landlord may reasonably require to one and one-half percent (1.5%) evidence the Outside Contractor's compliance or agreement to comply with the provisions of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be clauses (i) initially based upon reasonable estimates of such costs), (ii) subject to verification by Landlord), (iii), and (iiiiv) further subject to adjustment as provided belowof this subsection (b). Landlord may require Tenant retains the right to remove any such Alterations at the expiration or sooner termination make periodic inspections to assure conformity of the Lease Term work of the Outside Contractor with the aforementioned rules and to restore regulations and with the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by plans and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been specifications approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after substantial completion of any Alterationswork by Tenant, Tenant, at Tenant's cost and expense, shall furnish Landlord "as-built" drawings of such work and shall cause the architect(s) and/or engineer(s) that performed in connection with the work to prepare a report, in form and substance acceptable to Landlord, for the benefit of Landlord, certifying to the compliance of the work constructed by any Outside Contractor with the plans and specifications approved by Landlord. Each Outside Contractor shall not perform and, upon the request of Landlord, whether written or oral, each Outside Contractor shall cease to perform, any activity that is disruptive to the conduct of business within the Project or Complex or other tenants or occupants of the Project or Complex. (c) Any and all such alterations, physical additions or improvements, when made to the Leased Premises by Tenant or on Tenant's behalf, shall at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however, this sentence shall not apply to movable equipment, trade fixtures or furniture owned by Tenant. Notwithstanding the foregoing, Tenant shall provide Landlord with (A) a complete set be obligated to repair any damage to the Leased Premises caused by the removal by Tenant of both hard copies any such movables and CAD drawings of “as built” plans for to restore any areas affected by such Alterations, (B) a statement of all final costs of design, demolition, construction and installation removal of such Alterationsmovables such that the areas so affected are consistent with surrounding areas. If Tenant fails to remove such movables upon termination of this Lease, together with all supporting documentation thereforLandlord may have the same removed and any resulting damage repaired at Tenant's expense. In such event, such movables will automatically become the property of Landlord and may be disposed of by Landlord in its sole discretion, without any right of reimbursement therefor to Tenant. (Cd) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if Tenant shall not allow any liens to be filed against the Landlord Supervision Fee paid Leased Premises or the Project in connection with the installation of Tenant's improvements in, or any repair or alteration work to, the Leased Premises performed by Tenant or an Outside Contractor. If any such Alterations was understatedliens shall be filed, an amount Tenant shall cause the same to be released within ten (10) days after the filing thereof by bonding or other method acceptable to Landlord; provided, however, this sentence shall not apply to movable equipment or furniture owned by Tenant. If Tenant shall fail to timely cancel or discharge said lien or liens as required above, Landlord, at its sole option, may cancel or discharge the same and Tenant shall pay to Landlord upon demand, Landlord's cost thereof plus a charge equal to the actual Landlord Supervision Fee fifteen percent (based upon the statement 15%) of final costs) less such costs for administrative cost recovery. Upon completion of any amount previously paid such work, Tenant shall deliver to Landlord evidence of payment, contractors' affidavits and full and final waivers of all liens for, labor, services, or material. Tenant shall indemnify and hold harmless Landlord and Landlord's mortgagee from all losses, costs, damages, claims and expenses (including attorneys' fees and costs of suits), liabilities or causes of action arising out of or relating to any alterations, additions or improvements that Tenant or any Outside Contractor makes to the Leased Premises, including any occasioned by the filing of any mechanic's, materialman's, construction or other liens or claims (and all costs or expenses associated therewith) asserted, filed or arising out of any such work. All materialmen, contractors, artisans, mechanics, laborers and other parties hereafter contracting with Tenant for the furnishing of any labor, services, materials, supplies or equipment with respect to any portion of the Leased Premises are hereby charged with notice that they must look solely to Tenant for payment of same and Tenant's purchase orders, contracts and subcontracts in connection therewith must clearly state this requirement. Landlord shall have the right at all times to post and keep posted on account the Leased Premises any notices permitted or required by Legal Requirements, or that Landlord shall deem proper for the protection of Landlord, the Leased Premises, the Project and any other party having an interest therein, from liens. Without limiting the generality of the foregoing, Tenant shall repair or cause to be repaired at its expense all damage caused by any Outside Contractor, its subcontractors or their employees. Tenant shall reimburse Landlord for any costs incurred by Landlord to repair any damage caused by any Outside Contractor or any costs incurred by Landlord in requiring any Outside Contractor's compliance with the rules and regulations. Additionally, Tenant shall reimburse Landlord for the reasonable costs Landlord may incur to have an engineer review all mechanical, structural, electrical, plumbing and life safety systems installed by any Outside Contractor. (e) Tenant agrees specifically that no food, soft drink or other vending machine will be installed within the Leased Premises without Landlord's prior written approval; provided, however, such approval shall not be withheld provided (i) the use of such machines is restricted to Tenant's employees and clients (but not to the general public), and (ii) Landlord approves the location, visibility and condition thereof.

Appears in 1 contract

Samples: Lease Agreement (Entrust Technologies Inc)

Alterations, Additions, and Improvements. No alterations, additions, (a) Tenant shall not make or improvements (“Alterations”) shall allow to be made any alterations or additions in or to the Leased Premises by Tenant without first obtaining the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that TenantTenant may, without Landlord’s prior written 's consent, but upon perform interior non-structural alterations or additions not less than ten involving material modifications to the Building and its mechanical, electrical, HVAC and life safety systems so long as (10i) Business Days prior written notice for alterations or additions requiring government permits, the cost thereof during any calendar year does not exceed Ten Thousand Dollars ($10,000.00) during any calendar year, or (ii) for alterations or additions not requiring government permits, the cost thereof during any calendar year does not exceed Forty Thousand Dollars ($40,000.00). Landlord's consent will not be unreasonably withheld with respect to Landlord, may make Alterations (including removal proposed alterations and rearrangement of prior Alterations) additions which (ai) do comply with all applicable laws, ordinances, rules and regulations; (ii) are compatible with and does not adversely affect any systems or equipment of the Building or the Projectand its mechanical, electrical, HVAC and life safety systems; (biii) do will not affect the structural integrity or portions of the Building; (iv) will not interfere with the use and occupancy of any structural components other portion of the Building by any other tenant, its employees or invitees; and (v) will not trigger any additional costs to Landlord. Specifically, but without limiting the Project, (c) are not visible from the exterior generality of the Buildingforegoing, (d) do not require a building permitLandlord's right of consent shall encompass plans and specifications for the proposed alterations or additions, (e) do not involve construction means and methods, the expenditure identity of more than Twenty Five Thousand Dollars ($25,000.00) any contractor or subcontractor to be employed on the work of alterations or additions, and the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in any given instance or Seventy Five Thousand Dollars ($75,000.00) connection with Tenant's request for consent hereunder. Notwithstanding anything to the contrary contained in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable paragraph, in connection with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees may request that Landlord advise Tenant whether or not Landlord will require Tenant to pay remove the alteration at the expiration of the Lease. Unless Landlord upon demand for advises Tenant in writing that Landlord will not require Tenant to remove such alteration at the reasonable out-of-pocket costs and expenses expiration of consultantsthe Lease, engineersthe parties agree that Tenant shall be obligated to remove such alteration at the expiration of the Lease. Further, architects and others for reviewing Landlord acknowledges that Tenant will not be required to remove any Tenant Improvements to the Leased Premises. (b) Any consent given by Landlord under this Section 5.07 shall be deemed conditioned upon: (i) Tenant's acquiring all applicable permits required by governmental authorities; (ii) Tenant's furnishing to Landlord copies of such permits, together with copies of the approved plans and specifications specifications, prior to commencement of the work thereon; and for monitoring (iii) the construction compliance by Tenant with the conditions of any proposed Alterations. all applicable permits and approvals in a prompt and expeditious manner. (c) Tenant shall notify provide Landlord of any requested Alterations in writing. If Landlord does with not respond to such written request within less than fifteen (15) Business Days following receipt thereofdays prior written notice of commencement of the work so as to enable Landlord to post and record appropriate notices of non-responsibility. All alterations and additions permitted hereunder shall be made and performed by Tenant without cost or expense to Landlord. Tenant shall pay the contractors and suppliers all amounts due to them when due and keep the Leased Premises and the Project free from any and all mechanics', materialmen's and other liens and claims arising out of any work performed, materials furnished or obligations incurred by or for Tenant. In the request event any alterations or additions to the Leased Premises are performed by Landlord hereunder, whether by prearrangement or otherwise, Landlord shall be entitled to charge Tenant a five percent (5%) administration fee in addition to the actual costs of labor and materials provided. Such costs and fees shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such AlterationsAdditional Rent under this Lease, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one may be charged and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing payable prior to commencement of the work. All Alterations shall be constructed . (d) Any and installedall alterations, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited additions or improvements made to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing Leased Premises by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at upon installation and shall be surrendered to Landlord without compensation to Tenant upon the expiration or sooner termination of this Lease by lapse of time or otherwise unless (i) Landlord conditioned its approval of such alterations, additions or improvements on Tenant's agreement to remove them, or (ii) Landlord notifies Tenant prior to (or promptly after) the LeaseTerm Expiration Date that the alterations, additions and/or improvements must be removed, in which case Tenant shall, by the Term Expiration Date (or promptly thereafter), remove such alterations, additions and improvements, repair any damage resulting from such removal and restore the Leased Premises to their condition existing prior to the date of installation of such alterations, additions and improvements. Notwithstanding anything to the contrary set forth above, this clause shall not apply to equipment, trade fixtures or furniture owned by Tenant. Tenant's trade fixtures, furniture, equipment and other personal property shall at all times be and remain Tenant's Property ("Tenant's Property"). Except for alterations that cannot be removed without structural injury to the Leased Premises, at any time Tenant may remove Tenant's Property from the Leased Premises. Tenant shall retain title repair at its sole cost and expense all damage caused to all the Leased Premises and the Project by removal of Tenant's movable equipment or furniture and trade fixtures placed on such other alterations, additions and improvements as Tenant shall be required or allowed by Landlord to remove from the Leased Premises. Within thirty All alterations, additions and improvements permitted under this Section 5.07 shall be constructed diligently, in a good and workmanlike manner with new, good and sufficient materials and in compliance with all applicable laws, ordinances, rules and regulations (30) days after including, without limitation, building codes and those related to accessibility and use by individuals with disabilities). Tenant shall, promptly upon completion of any Alterationsthe work, Tenant shall provide furnish Landlord with (A) a complete set of both hard copies and CAD drawings of “"as built” plans " drawings for such Alterationsany alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofadditions or improvements performed under this Section 5.07.

Appears in 1 contract

Samples: Office Building Net Lease (Evolve Software Inc)

Alterations, Additions, and Improvements. No Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, additions or improvements (“Alterations”) shall be made to the Demised Premises by Tenant without the prior written consent of Landlord, which shall consent will not be unreasonably withheldwithheld or delayed with respect to non-structural alterations, additions or improvements and, provided that roof exhausts are installed in a manner that does not adversely affect Landlord’s roof warranty, consent is hereby given with respect to the roof exhausts to be created in connection with the initial improvements (collectively, the “Tenant Improvements”) to be made by or on behalf of Tenant to the Demised Premises. If Landlord does not consent or affirmatively withhold its consent to any proposed alteration, addition or improvement to the Demised Premises (each an “Alteration” and collectively “Alterations”), or the plans and/or specifications with respect thereto, in writing within fifteen (15) days after Landlord’s receipt of a written request therefor together with, as applicable, plans and specifications related thereto, and such failure continues for five (5) business days after Landlord’s receipt of written notice thereof (such written request and such subsequent notice shall each note on the first page thereof, in bold and capitalized letters, that the failure of Landlord to provide written notice to Tenant of Landlord’s decision to give or withhold its consent to the proposed Alterations will constitute a deemed written consent by Landlord to the proposed Alterations and the plans and specifications, if any, with respect thereto), such Alterations, and the plans and specifications, if any, with respect thereto, shall be deemed to have been consented to in writing by Landlord. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall have no right to condition its consent to any Alterations (including, without limitation, the Initial Alterations) to (i) the requirement that such Alterations be completed/performed under the direct supervision of Landlord or Landlord’s agent or representative and/or that the cost of supervision of any Alterations be paid for by Tenant, (ii) a requirement that Tenant pay to Landlord any construction management fee or other similar type of compensation in connection therewith unless Tenant has requested and Landlord has agreed to directly supervise and/or manage the construction of the applicable Alterations, (iii) a requirement that such Alterations be performed at a time or times specified by Landlord except as otherwise permitted above in this subsection, or (iv) a requirement that Tenant remove such Alterations upon the expiration or earlier termination of this Lease except to the extent Landlord is permitted to do so pursuant to Section 7.05 below. If Landlord elects not to consent to any proposed Alterations and/or any plans and specifications submitted to Landlord with respect thereto, Landlord will identify in its written notice of such election the reasons for the same. Tenant may erect or install trade fixtures, shelves, bins, machinery, heating, ventilating and air conditioning equipment and, provided that Tenant complies with all applicable governmental laws, ordinances, codes, and regulations; provided, however, Landlord agrees that Tenant, ’s contractor and its subcontractors can construct the initial Tenant Improvements without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment complying with permitting requirements of the Building or the ProjectCity of Addison, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted UseTexas. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at At the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant this Lease, Tenant shall, subject to the terms restrictions of Section 17.09 hereof; 7.05 below, have the right to remove items installed by Tenant, provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or is not to require in default at the time of the removal of such Alterations, if at alland provided further that Tenant shall, at the time consent of removal of the items, repair in a good and workmanlike manner any damage caused by the installation or removal. Tenant shall pay for all costs incurred or arising out of alterations, additions or improvements in or to such Alterations is given. All Alterations the Demised Premises and shall not permit any mechanic’s or material man’s lien to be made to filed against the Demised Premises shall be designed or the Property in connection with any of the foregoing performed by and made under or on behalf of Tenant excluding, however, any of the supervision foregoing performed by or on behalf of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by the Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved Upon request by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), deliver to Landlord proof of payment reasonably satisfactory to Landlord of all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration costs incurred or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion arising out of any Alterationsalterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofadditions or improvements.

Appears in 1 contract

Samples: Commercial Lease Agreement (Oryon Technologies, Inc.)

Alterations, Additions, and Improvements. No (a) Provided that Xxxxxx’s use of the Property is consistent with the Permitted Use and in compliance the other terms of this Lease, Tenant may make any alterations, additions, or improvements to the Property and the initial Improvements (“Tenant’s Alterations”) shall be made to the Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without LandlordXxxxxxxx’s prior written consent. Notwithstanding the above, but upon not less than ten (10) Business Days prior written notice to Tenant and Landlord acknowledge and agree that Landlord, may make Alterations (including removal ’s limited consent and rearrangement of prior Alterations) which (a) do not affect any systems or equipment approval of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit initial Improvements shall be applicable with respect to paint or carpet, governed by Article Fourteen below and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, attached Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed AlterationsWork Letter. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to promptly remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal Alterations constructed in violation of such Alterations, if at all, at the time consent to such Alterations is giventhis Section 6.05(a) upon Xxxxxxxx’s written request. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Tenant’s Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, performed in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in a good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance conformity with this Section 6.03 all Applicable Laws. (in which case b) Tenant shall retain ownership thereof), pay when due all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning claims for labor and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of material furnished to the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the LeaseProperty. Tenant shall retain title to all furniture and trade fixtures placed give Landlord at least twenty (20) days’ prior written notice of the commencement of any work on the PremisesProperty, regardless of whether Landlord’s consent to such work is required. Within thirty (30) days after completion of Notwithstanding any language to the contrary in this Section 6.05, with respect to any Tenant’s Alterations, regardless of whether Landlord’s consent to such work is required under the terms of this Lease, Tenant acknowledges that it is required by Nevada law to record a notice of posted security in compliance with the requirements of Nev. Rev. Stat. Chapter 108 (2017) (the “Posted Security Requirements”). Concurrently with Xxxxxxxx’s delivery of this Lease to Tenant for execution, Landlord may elect to provide Tenant with a separate written notice of the Posted Security Requirements, which shall provide include an acknowledgement of Tenant (the “Notice and Acknowledgement”). If so provided, Xxxxxx agrees to promptly sign and return the Notice and Acknowledgment to Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together further agrees to strictly comply with all supporting documentation therefor, (C) copies other requirements of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereof.Nev. Rev.

Appears in 1 contract

Samples: Land Lease (Switch, Inc.)

Alterations, Additions, and Improvements. No Except (a) for application of Net Proceeds in the event of damage or destruction to the Facility or a taking as described in Section 9.7(b) hereof to the extent permitted by Section 9.7 hereof, and (b) as hereinafter provided in this Section, no portion of the Facility shall be removed, demolished or materially altered; provided, however, the Borrower may, without the consent of the Bank, but at its sole cost and expense: (a) make additions, improvements or replacements to the Equipment Collateral that it may deem desirable for its business purposes, provided that the Borrower files with the Bank such evidence as the Bank may require that such additions, improvements, alterations or replacements will not adversely affect the utility of the Equipment Collateral or materially reduce its value; and (b) remove and dispose of, free from the lien and security interest of the Security Agreement, such of the Equipment Collateral as from time to time may become worn out or obsolete, provided that either (A) such removal or disposition is in the ordinary course of the Borrower’s business, (B) simultaneously with or prior to such removal any such Equipment Collateral is replaced with other equipment of value at least equal to that of the replaced Equipment Collateral (as evidenced by a certificate of the Authorized Borrower Representative to the effect that the Equipment Collateral removed or disposed of has been replaced by property having at least the same fair market value) and free from the lien or security interest of any title retention or security agreement or other encumbrance, and by such removal and replacement the Borrower shall be deemed to have subjected such equipment to the lien and security interest of the Security Agreement or (C) such Equipment Collateral is sold at fair market value for cash (as evidenced by a certificate of the Authorized Borrower Representative to such effect) and the net cash proceeds received from such disposition are paid over promptly to the Trustee to be applied (1) to the Borrower’s reimbursement obligations to the Bank to the extent of any drawing honored by the Bank to pay the redemption price of Bonds redeemed in accordance with Section 3.1 (b) of the Indenture or to pay the purchase price of Bonds purchased pursuant to Section 4.4 of the Indenture, or (2) to the redemption of the Bonds as set forth in Section 3.1(b) of the Indenture and Section 4.1 (b) of the Loan Agreement, or to the purchase of Bonds as set forth in Section 4.4 of the Indenture, in either of which events the Borrower shall pay to the Trustee any additional amounts which, when added to such net cash proceeds, will permit the Bonds to be redeemed or purchased in Authorized Denominations. All permitted additions, alterations, additionssubstitutions, replacements and removals shall be constructed expeditiously in a good and workmanlike manner and in compliance with all uniformly applicable laws and requirements applicable thereto, and in accordance with the orders, rules and regulations of the National Board of Fire Underwriters, or improvements (“Alterations”) shall be made any other Board hereafter constituted exercising similar functions. Notwithstanding anything herein or in any of the Bond Documents or the Letter of Credit Documents to the Premises by Tenant contrary, as long as there is a Letter of Credit in effect and until this Letter of Credit Agreement has expired, proceeds from the sale or disposition of Equipment Collateral may not be used to purchase Bonds in accordance with Section 4.4 of the Indenture without the prior written consent of Landlordthe Bank, which shall not written consent must be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent delivered to the commencement of such AlterationsTrustee. The Borrower shall furnish, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understatedwork, an amount equal general public liability insurance for the benefit of the Bank, in limits set forth under Section 9.5 hereof. The Borrower shall promptly pay for all such changes, additions, alterations, substitutions, replacements, removals or improvements, shall discharge any and all liens filed against the Equipment Collateral (unless the Borrower in good faith contests any such lien by appropriate and diligent proceedings), and upon the request of the Bank, shall deposit with the Bank a surety bond or other security satisfactory to the actual Landlord Supervision Fee (based upon Bank to assure the statement payment for and completion of final costs) less any amount previously paid such changes, additions, alterations, substitutions, replacements, removals or improvements. All such changes, additions, alterations, substitutions, replacements, removals and improvements shall become a part of the Equipment Collateral and subject to Landlord on account thereofthe liens and security interests of the Security Agreement and this Letter of Credit Agreement.

Appears in 1 contract

Samples: Letter of Credit Agreement (Avalon Pharmaceuticals Inc)

Alterations, Additions, and Improvements. No alterations, additions, or improvements (“Alterations”) shall be made to Except for alterations within the Interior Premises by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems or equipment of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, Building the aggregate cost of which does not exceed $25,000 and which are cosmetic in nature (d) and do not require affect the mechanical, electrical, plumbing or HVAC systems of the Building), which may be made without prior approval from Landlord, Tenant shall not make or allow to be made any alterations or physical additions in or to the Premises without first obtaining the written consent of Landlord. Landlord shall not be liable as a building permitresult of any such consent for completeness, (e) do not involve design sufficiency or compliance with any law, ordinance, order, rule or regulation and Tenant shall indemnify, defend and hold Landlord harmless from all claims, demands, damages, causes of action or litigation arising out of or resulting from such alterations. Any and all alterations, additions or improvements, other than that portion of the expenditure initial tenant improvements, if any, which are to be provided by Landlord pursuant to the terms of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit Exhibit “C” hereto, if any, shall be made at Tenant’s sole expense in a good and workmanlike manner, in compliance with all applicable laws, ordinances and regulations, with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Usea contractor approved by Landlord. As a condition to At Landlord’s obligation option, all such alterations, additions or improvements, upon the earlier to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses occur of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates the termination date of such coststhe Lease, or (ii) subject Landlord’s termination of Tenant’s right of possession of the Premises pursuant to verification Section 23 of the Lease, shall become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease by lapse of time or otherwise; provided, however this clause shall not apply to removable equipment or furniture owned by Tenant and which can be removed without damage to the Building or the Premises, provided there is no uncured default by Tenant in any of the terms and conditions of the Lease. Notwithstanding anything foregoing to the contrary, upon the earlier to occur of (i) the termination date of this Lease, or (ii) Landlord’s termination of Tenant’s right to possession of the Premises pursuant to Section 23, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration all alterations, additions or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant improvements to the terms of Section 17.09 hereof; provided thatPremises, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to including without limitation, any Alterationscabling or other computer, then Landlord shall make its election satellite or telecommunications equipment or hardware, whether or not to require removal of such Alterationsalterations, if at alladditions, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made or improvements are located in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become restore the property of Landlord at the expiration or sooner termination of the Leasesame to Building standard condition, reasonable wear and tear and casualty damage excepted. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid The rights conferred to Landlord hereunder shall be in addition to (and not in conflict with) any other rights conferred on account thereofLandlord by this Lease, in equity or at law.

Appears in 1 contract

Samples: Lease Agreement (American International Holdings Corp.)

Alterations, Additions, and Improvements. No (a) Tenant shall not make or allow to be made any alterations, additions, additions or improvements (“Alterations”) shall be made in or to the Leased Premises by Tenant without first obtaining the prior written consent of Landlord, which shall . Xxxxxxxx’s consent will not be unreasonably withheld; providedwithheld with respect to proposed alterations, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) additions and/or improvements which (ai) do comply with the CC&R’s and all applicable laws, ordinances, rules and regulations; (ii) are compatible with and does not adversely affect any systems or equipment of the Building or the Projectand its mechanical, telecommunication, electrical, HVAC and life safety systems; (biii) do will not affect the structural integrity or exterior portions of the Building; (iv) will not interfere with the use and occupancy of any structural components other portion of the Building by any other tenant, its employees or the Projectinvitees; (v) will not trigger any additional costs to Landlord, and (cvi) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more cost less than Twenty Five Ten Thousand Dollars ($25,000.00) in 10,000.00). Specifically, but without limiting the generality of the foregoing, Xxxxxxxx’s right of consent shall encompass plans and specifications for the proposed alterations or additions, construction means and methods, the identity of any given instance contractor or Seventy Five Thousand Dollars ($75,000.00) in subcontractor to be employed on the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint work of alterations or carpetadditions, and (f) are commonly considered consistent the time for performance of such work. Tenant shall supply to Landlord any additional documents and information requested by Landlord in connection with and appropriate for the Permitted Use. As a condition to LandlordXxxxxx’s obligation to consider any request for consent hereunder. (b) Any consent given by Landlord under this Section 5.7 shall be deemed conditioned upon: (i) Tenant’s acquiring all applicable permits required by governmental authorities; (ii) Tenant’s furnishing to Landlord copies of such permits, together with copies of the approved plans and specifications, prior to commencement of the work thereon; and (iii) the compliance by Tenant hereby agrees to with the conditions of all applicable permits and approvals in a prompt and expeditious manner. Tenant shall pay Landlord upon demand for the all reasonable out-of-pocket costs and expenses incurred by Landlord in the evaluation of consultants, engineers, architects and others for reviewing the plans and specifications specifications, including, but not limited to, Xxxxxxxx’s general contractor’s, architects’ and for monitoring engineers’ fees. In addition, as a condition to Landlord’s granting of its consent to any alterations, additions, or improvements, Landlord shall have the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If right to (1) require that such work be performed by Xxxxxxxx’s designated contractors and subcontractors, or (if Landlord does not respond so require that such work be performed by Xxxxxxxx’s designated contractors and subcontractors) Landlord shall have the right to approve the contractor and subcontractors performing such written request within alterations, additions, or improvements, such approval not to be unreasonably withheld or delayed (provided that in any event Building standard subcontractors shall be used for work on Building roof, exterior, mechanical and utility systems), and (2) require that Tenant furnish assurances satisfactory to Landlord that all contractors and subcontractors who will perform such work have in force all insurance required under Section 7.3, and such other insurance as Landlord reasonably deems necessary to supplement the insurance coverage provided for in Section 7.3. In the event Landlord elects to have any alterations, additions, or improvements to the Leased Premises performed by Xxxxxxxx’s designated contractors and subcontractors, Landlord shall be entitled to charge Tenant a five percent (5%) administration fee in addition to the actual costs of labor and materials provided. Such costs and fees shall be deemed Additional Rent under this Lease, and may be charged and payable prior to commencement of the work. (c) Tenant shall provide Landlord with not less than fifteen (15) Business Days following receipt thereof, days prior written notice of commencement of the request work so as to enable Landlord to post and record appropriate notices of non-responsibility. All alterations and additions permitted hereunder shall be deemed disapprovedmade and performed by Tenant without cost or expense to Landlord and in strict accordance with plans and specifications approved by Landlord. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay the contractors, subcontractors and suppliers all amounts due to them when due and keep the Leased Premises and the Project free from any and all mechanics’, materialmen’s and other liens and claims arising out of any work performed, materials furnished or obligations incurred by or for Tenant. Landlord may require, at its sole option, that Tenant provide to Landlord, at Tenant’s expense, a construction management fee lien and completion bond in an amount equal to one the total estimated cost of any alterations, additions or improvements to be made in or to the Leased Premises, to protect Landlord against any liability for mechanics’, materialmen’s and one-half percent other liens and claims, and to ensure timely completion of the work. Any mechanics’ liens filed against the Leased Premises or against the Building or the Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within thirty (1.5%30) days after the filing thereof, at Xxxxxx’s sole cost and expense. (d) Any and all alterations, additions or improvements made to the Leased Premises by Tenant shall become the property of all costs Landlord upon installation and shall be surrendered to Landlord without compensation to Tenant upon the termination of designthis Lease by lapse of time or otherwise unless (i) Landlord conditioned its approval of such alterations, demolitionadditions or improvements on Tenant’s agreement to remove them, construction or (ii) if Tenant did not provide a Removal Determination Request (as defined below), Landlord notifies Tenant prior to (or promptly after) the Term Expiration Date that the alterations, additions and/or improvements must be removed, in which case Tenant shall, by the Term Expiration Date, remove such alterations, additions and improvements, repair any damage resulting from such removal and restore the Leased Premises to their condition existing prior to the date of installation of such Alterations (the “Landlord Supervision Fee”)alterations, the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costsadditions and improvements, (ii) subject ordinary wear and tear excepted. Prior to verification by Landlordmaking any alterations, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration additions or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant improvements to the terms of Section 17.09 hereof; provided thatLeased Premises, if Tenant makes may make a written request to that Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election determine in advance whether or not to require removal of Tenant must remove such Alterationsalterations, if at all, at the time consent to such Alterations is given. All Alterations to be made additions or improvements on or prior to the Premises Term Expiration Date or any earlier termination of this Lease (“Removal Determination Request”). Notwithstanding anything to the contrary set forth above, this clause shall be designed not apply to movable equipment or furniture owned by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and Tenant. Tenant shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, repair at the its sole cost and expense all damage caused to the Leased Premises and the Project by removal of Tenant’s movable equipment or furniture and such other alterations, additions and improvements as Tenant shall be required or allowed by California licensed contractors approved by LandlordLandlord to remove from the Leased Premises. (e) All alterations, additions and improvements permitted under this Section 5.7 shall be constructed diligently, in a good and workmanlike manner with new, good and sufficient materials and in compliance with the terms CC&R’s and conditions of the Work Letterall applicable laws, including ordinances, rules and regulations (including, without limitation, building codes and those related to accessibility and use by individuals with disabilities, including, but not limited to the ADA). Tenant shall, promptly upon completion of the work, furnish Landlord with Specificationsas builtand “Requirements” set forth thereindrawings for any alterations, along with all applicable lawsadditions or improvements performed under this Section 5.7. (f) Tenant shall have the right to install a wireless intranet, internet, and in good communications network (also known as “Wi-Fi”) within the Leased Premises for the use of Tenant and workmanlike mannerits employees (the “Network”) subject to this subsection and all the other clauses of this Lease as are applicable. Tenant shall not solicit, and shall have been approved in writing by suffer, or permit other tenants or occupants of the City of Sunnyvale and Building to use the Network or any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterationscommunications service, including, without limitation, all lightingany wired or wireless internet service that passes through, electricalis transmitted through, heatingor emanates from the Leased Premises. Tenant agrees that Tenant’s communications equipment and the communications equipment of Tenant’s service providers located in or about the Leased Premises, ventilationincluding, air conditioning and full height partitioningwithout limitation, drapery and carpeting installations made by any antennas, switches, or other equipment (collectively, “Tenant’s Communications Equipment”) shall be of a type and, together with all property if applicable, a frequency that has become an integral part will not cause radio frequency, electromagnetic, or other interference to any other party or any equipment of any other party including, without limitation, Landlord, other tenants, or occupants of the PremisesBuilding or any other party. In the event that Xxxxxx’s Communications Equipment causes or is believed to cause any such interference, shall upon receipt of notice from Landlord of such interference, Tenant will take all steps necessary, at Xxxxxx’s sole cost and expense, to correct and eliminate the interference. If the interference is not eliminated within 24 hours (or a shorter period if Xxxxxxxx believes a shorter period to be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30appropriate) days after completion of any Alterationsthen, upon request from Landlord, Tenant shall provide Landlord shut down the Tenant’s Communications Equipment pending resolution of the interference, with (A) a complete set the exception of both hard copies intermittent testing upon prior notice to and CAD drawings with the approval of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofLandlord.

Appears in 1 contract

Samples: Office Building Lease (Aquinox Pharmaceuticals, Inc)

Alterations, Additions, and Improvements. No 10.1 Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant or install any structures or equipment on the roof of the Building or any portion of the Common Area without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice . Tenant expressly agrees to Landlord, may make Alterations (including removal indemnify Landlord for any and rearrangement of prior Alterations) which (a) do not affect any systems all damages resulting from or equipment caused by Tenant penetrating the roof or exterior walls of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed AlterationsPremises. Tenant shall notify Landlord have the right to erect or install shelves, bins and machinery, provided that Tenant complies with all applicable governmental laws, ordinances, and regulations. Tenant shall have the right to remove at the termination of any requested Alterations in writing. If Landlord does not respond to this Lease, such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then items so installed by Tenant, within ten (10) days after provided Tenant executes a construction contract for such Alterationsis not then in default; however, and as a condition precedent Tenant shall, prior to the commencement termination of this Lease, repair any damage caused by such Alterationsremoval and, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification if requested by Landlord, and offer Landlord (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval) sufficient security to insure Landlord that the proper repairs will be made. All Alterations to be alterations, additions or improvements made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer Tenant (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lightingHVAC Systems, electricaloffices and improvements in and pertaining to such offices, heatingpartitions, ventilationfloor coverings, air conditioning and full height partitioning, drapery and carpeting installations made by Tenantetc.), together with all such other property that has become an integral part as Tenant leaves in or on the Premises at the termination of the Premisesthis Lease, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the this Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations; however, Tenant shall provide promptly remove, if Landlord with (A) a complete set so elects, any or all alterations, additions, and improvements specified by Landlord, and any other property placed in the Premises by Tenant, and Tenant shall repair any damage caused by such removal. The provisions of both hard copies this paragraph shall survive the expiration or earlier termination of this Lease. 10.3 Landlord retains the exclusive right to make additions, changes or improvements, whether structural or otherwise, in and CAD drawings of “as built” plans about the Building, or any part thereof, and for such Alterationspurposes to enter upon the Premises, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if during the Landlord Supervision Fee paid continuance of any of said work, to temporarily close doors, entryways, public space and corridors in connection with such Alterations was understatedthe Building, an amount equal to interrupt or temporarily suspend Building services and facilities, and to change the arrangement and location of entrances or passageways, doors and doorways, corridors, elevators, stairs, toilets, or other public parts of the Building, all without abatement of rent or affecting any of Tenant's obligations hereunder, so long as the Premises are reasonably accessible. Notwithstanding anything contained herein to the actual contrary, Landlord Supervision Fee agrees to install, at Landlord's sole cost and expense and in a manner determined at Landlord's sole discretion, one hundred eleven (based upon 111) covered parking spaces in such location as depicted in the statement of final costsattached "EXHIBIT "I", sixty-two (62) less any amount previously paid such spaces to Landlord be installed on account thereofor before the Area One Commencement Date and the remaining forty-nine (49) to be installed on or before the Area Two Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Advancepcs)

Alterations, Additions, and Improvements. No (a) Except as otherwise expressly provided herein, no changes, alterations, additionserections, additions or improvements (“Alterations”) shall be made to the Premises by Tenant leased premises without the prior written consent of Landlordthe Lessor, or Lessor's agent, which shall consent may not be unreasonably withheld; provided. All of such changes, howeveralterations, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice to Landlord, may make Alterations (including removal and rearrangement of prior Alterations) which (a) do not affect any systems additions or equipment improvements shall be made solely at the expense of the Building Lessee, and the Lessee agrees to protect, indemnify and save harmless the Lessor on account of any injury to third persons or property by reason of any such changes, alterations, erections, additions or improvements, and to protect, indemnify and save harmless the ProjectLessor from the payment of any claims of any kind or character on account of bills for labour or material in connection therewith. Any changes, alterations, additions or improvements placed upon the Leased Premises by the Lessee during the term hereof, with the consent of the Lessor, shall be the sole property of the Lessor, except as provided in Clause 12 herein. (b) do In the event that the Lessor should give its consent pursuant to Clause 1l(a) herein, the Lessee shall not erect any structure upon the Leased Premises or make any changes, alterations, erections, additions or improvements which might affect the structural integrity or any structural components the soundness of the Building Leased Premises without first submitting to the Lessor drawings and specifications therefore prepared by qualified architects or engineers and conforming to good architectural or engineering practice. The Lessor shall have the Projectright, from time to time, to enter and to inspect all such changes, alterations or improvements. The Lessee shall post the premises with a notice in the form attached as Schedule "C" to protect the Lessor against liens. (c) are not visible In every instance of changes, alterations, erections, additions or improvements the Lessee must secure all necessary Building Permits and Approvals from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed Alterations. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and Vancouver. All such Building Permits must be secured before any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lighting, electrical, heating, ventilation, air conditioning and full height partitioning, drapery and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the Lease. Tenant shall retain title to all furniture and trade fixtures placed work commences on the Premisessaid changes, alterations, erections, additions or improvements. Within thirty (30) days after completion This clause extends to include a Certificate of any AlterationsOccupancy, Tenant shall provide Landlord with (A) a complete set of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofapplicable.

Appears in 1 contract

Samples: Lease Agreement (Datawave Systems Inc)

Alterations, Additions, and Improvements. No Tenant shall not permit, make or allow to be made any construction, alterations, additions, physical additions or improvements (“Alterations”) shall be made in or to the Premises by or placement of any signs in the Premises which are visible from outside the Premises (collectively, “Tenant Work”), without obtaining the prior written consent of Landlord, Landlord which shall not may be unreasonably withheld; provided, however, that Tenant, without withheld in Landlord’s prior written consentsole discretion. Notwithstanding the foregoing, but upon Landlord will not less than ten unreasonably withhold its consent to Tenant Work that: (10i) Business Days prior written notice to Landlord, may make Alterations (including removal is non-structural and rearrangement of prior Alterations) which (a) do does not adversely affect any systems Building Systems or equipment of the Building or the Projectimprovements, (bii) do not affect the structural integrity or any structural components of the Building or the Project, (c) are is not visible from the exterior of the BuildingPremises, (diii) do does not require a building permitaffect the exterior of the Building or any Common Areas, (eiv) do does not involve the expenditure violate any provision of more than Twenty Five Thousand Dollars this Lease, ($25,000.00v) in does not violate any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpetLaws, and (fvi) are commonly considered consistent will not interfere with the use and appropriate for occupancy of any other portion of the Permitted UseProject by any other tenant or occupant of the Project. As a condition to LandlordTenant’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and all contractors, subcontractors, vendors, architects and engineers (collectively, “Outside Contractors”) shall be subject to Landlord’s prior written approval, not to be unreasonably withheld. If requested by Landlord, Tenant shall execute a work letter for monitoring any such Tenant Work substantially in the form then used by Landlord for construction performed by tenants of any proposed Alterationsthe Building. Tenant shall notify Landlord of any requested Alterations in writing. If Landlord does not respond to such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then Tenant, within ten (10) days after Tenant executes a construction contract for such Alterations, and as a condition precedent to the commencement of such Alterations, shall pay to Landlord a construction management oversight fee in an amount equal to one and one-half five percent (1.55%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification by Landlord, and (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is given. All Alterations to be made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of any Tenant Work whether undertaken by Landlord or Tenant; provided, however, that such fee shall not apply to construction of any Initial Improvements. Landlord may hire outside consultants to review such documents and information furnished to Landlord, and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys’ fees, upon demand not to exceed $2,500.00. Neither review nor approval by California licensed contractors approved Landlord of any plans or specifications shall constitute a representation or warranty by Landlord that such documents either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable Laws, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or any other person or entity for such completeness, suitability or compliance. Tenant shall furnish any documents and information reasonably requested by Landlord, including “as-built” drawings (both in compliance with the terms paper and in electronic format acceptable to Landlord) after completion of such Tenant Work. Landlord may impose such conditions of the on Tenant Work Letteras are reasonably appropriate, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, compliance with any reasonable construction rules adopted by Landlord from time to time, requiring Tenant to furnish Landlord with security for the payment of all lightingcosts to be incurred in connection with such Tenant Work, electricalinsurance covering Landlord against liabilities which may arise out of such work, heatingplans and specifications, ventilation, air conditioning and full height partitioning, drapery permits for such Tenant Work. Any and carpeting installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures and Tenant Work shall become the property of Landlord at upon completion and shall be surrendered to Landlord upon the termination or expiration of this Lease for any reason, unless Landlord shall require removal or sooner termination restoration by Tenant or if removal or restoration was required by Landlord upon submission of the Leaseplans to Landlord for approval of such Tenant’s Work. Tenant shall retain title not allow any liens to all furniture and trade fixtures placed on be filed against the PremisesPremises or the Project in connection with any Tenant Work. Within If any liens are filed, Tenant shall cause the same to be released within thirty (30) days after Tenant's receipt of written notice of the filing of such lien by bonding or other method acceptable to Landlord. All Outside Contractors shall maintain insurance in amounts and types required by, and in compliance with, Section 20. XXXXX 25 (or its equivalent) certificates of insurance evidencing such coverage shall be provided to Landlord prior to commencement of any Tenant Work. All Outside Contractors shall perform all work in a good and workmanlike manner, in compliance with all Laws and all applicable Project Rules and Building construction rules. No Tenant Work shall be unreasonably disruptive to other tenants. Prior to final completion of any AlterationsTenant Work, Landlord shall prepare and submit to Tenant a punch list of items to be completed, and Tenant shall provide Landlord with (A) a diligently complete set of both hard copies and CAD drawings of “as built” plans for all such Alterations, (B) a statement of all final costs of design, demolition, construction and installation of such Alterations, together with all supporting documentation therefor, (C) copies of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement of final costs) less any amount previously paid to Landlord on account thereofpunch list items.

Appears in 1 contract

Samples: Lease Agreement (UBL Interactive,Inc.)

Alterations, Additions, and Improvements. No 10.1 Tenant shall not create any openings in the roof or exterior walls, or make any alterations, additions, or improvements (“Alterations”) shall be made to the Premises by Tenant or install any structures or equipment on the roof of the Building or any portion of the Common Area without the prior written consent of Landlord, which shall not be unreasonably withheld; provided, however, that Tenant, without Landlord’s prior written consent, but upon not less than ten (10) Business Days prior written notice . Tenant expressly agrees to Landlord, may make Alterations (including removal indemnify Landlord for any and rearrangement of prior Alterations) which (a) do not affect any systems all damages resulting from or equipment caused by Tenant penetrating the roof or exterior walls of the Building or the Project, (b) do not affect the structural integrity or any structural components of the Building or the Project, (c) are not visible from the exterior of the Building, (d) do not require a building permit, (e) do not involve the expenditure of more than Twenty Five Thousand Dollars ($25,000.00) in any given instance or Seventy Five Thousand Dollars ($75,000.00) in the aggregate during any twelve (12) month period except that no dollar limit shall be applicable with respect to paint or carpet, and (f) are commonly considered consistent with and appropriate for the Permitted Use. As a condition to Landlord’s obligation to consider any request for consent hereunder, Tenant hereby agrees to pay Landlord upon demand for the reasonable out-of-pocket costs and expenses of consultants, engineers, architects and others for reviewing plans and specifications and for monitoring the construction of any proposed AlterationsPremises. Tenant shall notify Landlord have the right to erect or install shelves, bins and machinery, provided that Tenant complies with all applicable governmental laws, ordinances, and regulations. Tenant shall have the right to remove at the termination of any requested Alterations in writing. If Landlord does not respond to this Lease, such written request within fifteen (15) Business Days following receipt thereof, the request shall be deemed disapproved. If Landlord’s consent is granted to any Alterations, then items so installed by Tenant, within ten (10) days after provided Tenant executes a construction contract for such Alterationsis not then in default; however, and as a condition precedent Tenant shall, prior to the commencement termination of this Lease, repair any damage caused by such Alterationsremoval and, shall pay to Landlord a construction management fee in an amount equal to one and one-half percent (1.5%) of all costs of design, demolition, construction and installation of such Alterations (the “Landlord Supervision Fee”), the amount of which Landlord Supervision Fee shall be (i) initially based upon reasonable estimates of such costs, (ii) subject to verification if requested by Landlord, and offer Landlord (iii) further subject to adjustment as provided below. Landlord may require Tenant to remove any such Alterations at the expiration or sooner termination of the Lease Term and to restore the Premises to their prior condition pursuant to the terms of Section 17.09 hereof; provided that, if Tenant makes written request to Landlord concurrently with Tenant’s request for consent to any Alterations, then Landlord shall make its election whether or not to require removal of such Alterations, if at all, at the time consent to such Alterations is givenremoval) sufficient security to insure Landlord that the proper repairs will be made. All Alterations to be alterations, additions or improvements made to the Premises shall be designed by and made under the supervision of a California licensed architect and/or California licensed structural engineer Tenant (each of whom has been approved by Landlord) and shall be made in accordance with plans and specifications which have been furnished to and approved by Landlord in writing prior to commencement of work. All Alterations shall be constructed and installed, at the sole cost and expense of Tenant, by California licensed contractors approved by Landlord, in compliance with the terms and conditions of the Work Letter, including but not limited to the “Specifications” and “Requirements” set forth therein, along with all applicable laws, and in good and workmanlike manner, and shall have been approved in writing by the City of Sunnyvale and any other applicable governmental agencies. Subject to Landlord’s right to require Tenant to remove Alterations in accordance with this Section 6.03 (in which case Tenant shall retain ownership thereof), all Alterations, including, without limitation, all lightingHVAC Systems, electricaloffices and improvements in and pertaining to such offices, heatingpartitions, ventilationfloor coverings, air conditioning and full height partitioning, drapery and carpeting installations made by Tenantetc.), together with all such other property that has become an integral part as Tenant leaves in or on the Premises at the termination of the Premisesthis Lease, shall not be deemed trade fixtures and shall become the property of Landlord at the expiration or sooner termination of the this Lease. Tenant shall retain title to all furniture and trade fixtures placed on the Premises. Within thirty (30) days after completion of any Alterations; however, Tenant shall provide required to remove any or all alterations, additions, and improvements consented to by Landlord with (A) a complete set provided Landlord notifies Tenant in writing that such improvements will require future removal at the time of both hard copies and CAD drawings of “as built” plans for such Alterations, (B) a statement of all final costs of design, demolition, construction and installation Landlord's reasonable approval of such Alterationsalterations and improvements, together with all supporting documentation thereforand any other property placed in the Premises by Tenant, (C) copies and Tenant shall repair any damage caused by such removal. Furthermore, no improvements contemplated by EXHIBIT "D" will reasonably require removal. The provisions of all governmental approvals, if any, received in conjunction with such Alterations and, (D) if this paragraph shall survive the Landlord Supervision Fee paid in connection with such Alterations was understated, an amount equal to the actual Landlord Supervision Fee (based upon the statement expiration or earlier termination of final costs) less any amount previously paid to Landlord on account thereofthis Lease.

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Samples: Lease Agreement (Highwaymaster Communications Inc)

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