Common use of ALTERATIONS, ADDITIONS AND TRADE FIXTURES Clause in Contracts

ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Tenant shall not make any alterations, additions or improvements to the Premises, or any part thereof, whether structural or nonstructural (hereafter "Alterations"), without Landlord's prior, final written consent. In order to obtain Landlord's preliminary consent, which preliminary consent may be given or denied in Landlord's sole discretion, Tenant shall submit such information as Landlord may require, including, without limitation plans and specifications for the Alterations. If Landlord gives its preliminary consent for the Alterations, in order to obtain Landlord's final consent (which final consent may not be unreasonably withheld after preliminary consent is given), Tenant shall then submit (i) all necessary permits, licenses, bonds, and the construction contract, all in conformance with the plans and specifications preliminarily approved by Landlord; (ii) evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory; and (iii) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding the foregoing Landlord will make reasonable efforts to render it's preliminary consent within five (5) working days after receipt of request for consent from Tenant. The construction contract for the Alterations shall, at the minimum, require the general contractor and all subcontractors to obey the rules and regulations of the Building and Project. All Alterations shall be done in a good workmanlike manner by qualified and licensed contractors or mechanics, as approved by Landlord. In no event shall any Alterations affect the structure of the Building or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have no obligation to repair, maintain or insure those Alterations. Carpeting, shelving and cabinetry shall be considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed. No Alterations shall be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in Landlord's discretion, in which case the Alterations shall be removed by Tenant at Tenant's sole cost and expense. Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the Alterations so removed. Tenant shall indemnify, defend and keep Landlord free and harmless from and against all liability, loss, damage, cost, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' and materialmen's liens. Tenant shall give to Landlord written notice of the commencement of any construction in or on the Premises at least thirty (30) business days prior thereto. Prior to the commencement of any such construction, Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, evidencing that each contractor performing work has insurance acceptable to Landlord including but not limited to general liability insurance of not less that $1,000,000 and worker's compensation insurance in the statutorily required amount.

Appears in 2 contracts

Samples: Office Lease (PSW Technologies Inc), Office Lease (PSW Technologies Inc)

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ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Tenant shall not make any alterations, additions or improvements to the Premises, or any part thereof, whether structural or nonstructural (hereafter "Alterations"), without Landlord's priorprior written consent which will not be unreasonably withheld or delayed. Notwithstanding the foregoing, final written consentLandlord's prior consent is not required for any non-structural alterations which do not affect the Building systems, which are not visible from the exterior of the Premises, which are consistent with the Tenant Improvements, which do not alter the floor plan of the Premises or the flow of the Building and which cost, in any instance, less than $10,000 (inclusive of all professional, permit and other fees, costs and expenses). In order to obtain Landlord's preliminary consent, which preliminary consent may be given or denied in Landlord's sole discretion, Tenant shall submit such information as Landlord may require, including, including without limitation plans and specifications for the Alterations. If Any professional fees or other reasonable costs and expenses incurred by Landlord in reviewing such plans and specifications shall be paid to Landlord by Tenant as additional rent upon demand. After Landlord gives its preliminary consent for the Alterationsconsent, in order to obtain Landlord's final consent (consent, which final consent may not be unreasonably withheld after preliminary consent is given)withheld, Tenant shall then submit (i) all necessary permits, licenses, bonds, and the construction contract, all in conformance with the plans and specifications preliminarily approved by Landlord; (ii) evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory; and (iii) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding the foregoing Landlord will make reasonable efforts to render it's preliminary consent within five (5) working days after receipt of request for consent from Tenantnecessary. The construction contract for the Alterations shall, at the a minimum, require the general contractor and all subcontractors to obey the rules and regulations of the Building and Project. All Alterations shall be done in a good workmanlike manner by qualified and licensed contractors or mechanics, as approved by Landlord. In no event shall any Alterations affect the structure of the Building or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have has no obligation to repair, maintain or insure those Alterations. Carpeting, shelving and cabinetry shall be are considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed. No Alterations shall will be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in that Tenant remove them. At Landlord's discretion, in which case the Alterations shall be removed are subject to removal by Tenant and at Tenant's sole cost and expenseexpense except for any Alterations which Landlord agreed in writing, in response to a request by Tenant made at the time Tenant requested Landlord to consent to the Alteration, that Tenant would not be required to remove at the end of the Term. Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the such Alterations so removed. Tenant shall indemnify, defend and keep Landlord free and harmless from and against all liability, loss, damage, cost, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. In connection with any Alterations for which Landlord's consent is required, Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' and materialmen's liens. , and Tenant shall give to Landlord written notice of the commencement of any construction in or on the Premises at least thirty (30) business days prior thereto. Prior to the commencement of any such construction, Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, evidencing that each contractor performing work has insurance acceptable to Landlord Landlord, including but not limited to general liability insurance of not less that One Million Dollars ($1,000,000 1,000,000.00) and worker's compensation insurance in the statutorily required amount.

Appears in 2 contracts

Samples: Lease (Peregrine Systems Inc), Lease Agreement (Peregrine Systems Inc)

ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Tenant shall not make any alterations, additions or improvements to the Premises, or any part thereof, whether structural or nonstructural (hereafter "Alterations"), without Landlord's prior, final prior written consent; provided, however, that Tenant may, without Landlord's prior consent but subject to the remaining terms and conditions of this Section XII., make cosmetic, non-structural Alterations to the Premises which (a) do not affect the Building systems or the traffic flow within the Premises, (b) are consistent with the Tenant Improvements, (c) do not, in any respect, increase the capacity of density of or work stations within the Premises and (d) cost, in the aggregate over a twelve (12) month period, less than Five Thousand Dollars ($5,000.00). In order to obtain Landlord's preliminary consentconsent where required to be obtained hereunder, which preliminary consent may be given or denied in Landlord's sole discretion, Tenant shall submit such information as Landlord may require, including, including without limitation plans and specifications for the Alterations. If Any professional fees or other costs and expenses incurred by Landlord in reviewing such plans and specifications shall be paid to Landlord by Tenant as additional rent upon demand. After Landlord gives its preliminary consent for the Alterations(where required), in order to obtain Landlord's final consent (which final is required whenever Landlord's preliminary consent is required to be obtained, and which consent may not be unreasonably withheld after preliminary consent is given)withheld, Tenant shall then submit (i) all necessary permits, licenses, bonds, and the construction contract, all in conformance with the plans and specifications preliminarily approved by Landlord; (ii) evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory; and (iii) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding the foregoing Landlord will make reasonable efforts to render it's preliminary consent within five (5) working days after receipt of request for consent from Tenantnecessary. The construction contract for the Alterations shall, at the a minimum, require the general contractor and all subcontractors to obey the rules and regulations of the Building and Project. All Alterations shall be done in a good workmanlike manner by qualified and licensed contractors or mechanics, as approved by Landlord. In no event shall any Alterations affect the structure of the Building or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have has no obligation to repair, maintain or insure those Alterations. Carpeting, shelving and cabinetry shall be are considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed. No Alterations shall will be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in that Tenant remove them. At Landlord's discretion, in which case the Alterations shall be removed are subject to removal by Tenant and at Tenant's sole cost and expense. Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the such Alterations so removed. Tenant shall indemnify, defend and keep Landlord free and harmless from and against all liability, loss, damage, cost, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' and materialmen's liens. , and Tenant shall give to Landlord written notice of the commencement of any construction in or on the Premises at least thirty (30) business days prior thereto. Prior to the commencement of any such construction, Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, evidencing that each contractor performing work has insurance acceptable to Landlord Landlord, including but not limited to general liability insurance of not less that than Two Million Dollars ($1,000,000 2,000,000.00) and worker's compensation insurance in the statutorily required amount.

Appears in 1 contract

Samples: Office Lease (Newgen Results Corp)

ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Except as provided in this Section, Tenant shall not make any alterations, additions or improvements to the Premises, or any part thereof, whether structural or nonstructural (hereafter "Alterations"), without Landlord's prior, final written consent. In order to obtain Landlord's preliminary consent, which preliminary consent may shall not be given or denied in Landlord's sole discretionunreasonably withheld, Tenant shall submit such information as Landlord may require, including, without limitation limitation, detailed plans and specifications for the Alterations. Notwithstanding the foregoing, Landlord may withhold its consent to any proposed Alterations which, in Landlord's reasonable judgement, may adversely affect the value, structural integrity, or utility or mechanical systems of the Premises, the Building or the Project. If Landlord gives its preliminary consent for the Alterations, in order to obtain Landlord's final consent (consent, which final consent may shall not be unreasonably withheld after preliminary consent is given)withheld, Tenant shall then submit (i) all necessary permits, licenses, bonds, and the construction contract, all in conformance with the plans and specifications preliminarily approved by Landlord; (ii) evidence of insurance coverage coverages, including without limitation builder's risk insurance, in such types and amounts and from such insurers as Landlord deems satisfactory; and (iii) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding the foregoing With respect to any preliminary or final plans submitted to Landlord will make reasonable efforts for its approval, Landlord agrees to render it's preliminary consent within five (5) working days after receipt of process each and every request for consent in a timely and diligent manner, and Landlord shall use its best efforts to respond to Tenant's proposed plans within ten (10) business days, but Landlord's consent shall not be deemed given unless evidenced in writing. Notwithstanding the foregoing, Tenant shall be entitled, without Landlord's consent, to construct and install non-structural Alterations which do not involve or impact any utility or mechanical systems, which cost, in an annual aggregate amount, less than $25,000.00, and any such additional Alterations, without regard to cost, which are in the nature of non-structural decorations only. For purposes of this Section XII, mechanical systems shall include all systems of the Building, such as but not limited to, electrical, plumbing (including sewer), heating and air conditioning, fire sprinklers and alarms, security system, if any, energy management and other automated control systems; non-structural decoration shall be limited to floor and wall coverings. For any Alteration project Tenant shall, unless Tenant uses Landlord's then designated architect, electrical, mechanical or structural engineers, reimburse Landlord for the commercially reasonable cost of any technical consultation required, in Landlord's sole judgement. Additionally, for any Alteration over $10,000.00 in total or for alterations in any calendar year totaling more than $25,000.00 in the aggregate, Tenant shall reimburse Landlord for fees charged by the property management company under contract to manage the Building at the time of commencement of any Alteration ("Property Manager"), to review, monitor and inspect the Alteration work being performed by Tenant ("Construction Monitoring Fee"). Said Construction Monitoring Fee shall be equal to two and one-half percent (2 1/2%) of the cost of each construction project, inclusive of architectural and engineering and other consulting fees. If Tenant uses Landlord's then designated architect and/or engineers, any fee from Tenantsaid designated architect and/or engineers shall be excluded from the calculation of the Construction Monitoring Fee. Alternately, if Tenant shall contract with Landlord's Property Manager to work either in the capacity of Construction Manager or Construction Supervisor, as may be agreed between Tenant and said Property Manager, then Landlord and Tenant agree that the Construction Monitoring Fee shall be equal to seven percent (7%) of the cost of each Alteration project that the Property Manager is retained or engaged by the Tenant to oversee. The construction contract for the Alterations shall, at the minimum, require the general contractor and all subcontractors to obey the rules and regulations Rules of the Building Project and ProjectLandlord's usual and customary construction rules. All Alterations shall be done in a good and workmanlike manner manner, using new materials except for high quality refurbished partitions, workstations or other components and materials and except for such items as doors and frames which may be reused from within the Premises, and in compliance with all applicable laws, regulations, building codes and permits, and other requirements of any governmental authorities having jurisdiction therefor, by qualified and licensed contractors or mechanics, as approved by Landlord. All Alterations shall also be in conformance with any private covenants governing the Project, and shall, if required, be preapproved by any architectural control and/or design review boards or committees having jurisdiction over the Academy Park Subdivision. In no event shall any Alterations affect the structure of the Building or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have no obligation to repair, maintain or insure those Alterations. CarpetingCarpeting and other floor coverings, shelving and cabinetry as well as wall coverings, shall be considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed, and shall remain at the Premises. No Alterations shall be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in Landlord's discretion, in which case the Alterations shall be removed by Tenant at Tenant's sole cost and expense. Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the Alterations so removed. Tenant shall indemnify, defend and keep Landlord free and harmless from and against all liability, loss, damage, cost, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' and materialmen's liens. Tenant shall give to Landlord written notice of the commencement of any construction in or on the Premises at least thirty (30) business days prior thereto. Prior to the commencement of any such construction, Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, evidencing that each contractor performing work has insurance acceptable to Landlord including but not limited to general liability insurance of not less that $1,000,000 and worker's compensation insurance in the statutorily required amount.

Appears in 1 contract

Samples: Office Lease (Moneygram Payment Systems Inc)

ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Tenant shall not make any alterations, additions modifications or improvements to the Premises, or any nay part thereof, whether structural or nonstructural non-structural (hereafter hereinafter "Alterations"), without Landlord's prior, final prior written consentconsent which will not be unreasonably withheld. In order to obtain Landlord's preliminary consent, which preliminary consent may be given or denied in Landlord's sole discretion, Tenant shall submit such information as Landlord may require, require including, without limitation plans and specifications for the Alterations. If Landlord gives its preliminary consent for the Alterations, in order to obtain Landlord's final consent (which final consent may not be unreasonably withheld after preliminary consent is given), Tenant shall then submit (i) all necessary plans and specification, (ii) permits, licenses, bonds, licenses and the construction contract, all in conformance with the plans bonds and specifications preliminarily approved by Landlord; (iiiii) evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory; and (iii) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding the foregoing Landlord will make reasonable efforts to render it's preliminary consent within five (5) working days after receipt of request for consent from Tenant. The construction contract for the Alterations shall, at the minimum, require the general contractor and all subcontractors to obey the rules and regulations of the Building and Project. All Alterations shall be done in a good and workmanlike manner by qualified and licensed contractors or mechanics, as approved by Landlord. In no event shall any Alterations alterations affect the structure of the Building Premises or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have no obligation to repair, maintain or insure those Alterations. Carpeting, shelving and cabinetry shall be considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed. No Alterations shall be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in Landlord's discretion, in which case the Alterations shall be removed by Tenant at Tenant's sole cost and expense. Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the Alterations so removed. Tenant shall indemnify, defend against and keep Landlord free and harmless from and against all liabilityliability , loss, damage, cost, cost or attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises Premises, any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' and materialmen's liens. , and Tenant shall give to Landlord written at least thirty (3) business days notice of the commencement of any construction in or on the Premises at least thirty (30) business days prior thereto. Prior to the commencement of any such construction, Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, evidencing that each contractor performing work has insurance acceptable to Landlord including but not limited to general liability insurance of not less that $1,000,000 and worker's compensation insurance in the statutorily required amountPremises.

Appears in 1 contract

Samples: Lease Agreement (Access Beyond Inc)

ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Tenant shall not make any alterations, additions or improvements to the Premises, or any part thereof, whether structural or nonstructural (hereafter "Alterations"), without Landlord's prior, final prior written consentconsent(52). In order to obtain Landlord's preliminary consent, which preliminary consent may be given or denied denied(53) in Landlord's sole discretion, discretion,(54) Tenant shall submit such information as Landlord may require, including, including without limitation plans and specifications for the Alterations. If Any professional fees or other costs and expenses incurred by Landlord in reviewing such plans and specifications shall be paid to Landlord by Tenant as additional rent upon demand. After Landlord gives its preliminary consent for the Alterationsconsent, in order to obtain Landlord's final consent (consent, which final consent may not be unreasonably withheld after preliminary consent is given)withheld, Tenant shall then submit (i) all necessary permits, licenses, bonds, and the construction contract, all in conformance with the plans and specifications preliminarily approved by Landlord; (ii) evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory; and (iii) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding the foregoing Landlord will make reasonable efforts to render it's preliminary consent within five (5) working days after receipt of request for consent from Tenantnecessary. The construction contract for the Alterations shall, at the a minimum, require the general contractor and all subcontractors to obey the rules and regulations of the Building and Project. All Alterations shall be done in a good workmanlike manner by qualified and licensed contractors or mechanics, as approved by Landlord. In no event shall any Alterations affect the structure of the Building or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have has no obligation to repair, maintain or insure those Alterations. Carpeting, shelving and cabinetry shall be are considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed. No Alterations shall will be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in that Tenant remove them. At Landlord's discretion, in which case the Alterations shall be removed are subject to removal by Tenant and at Tenant's sole cost and expenseexpense(55). Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the such Alterations so removed. Tenant shall indemnify, defend and keep Landlord free and harmless from and against all liability, loss, damage, cost, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' and materialmen------------------------- 52 except that Tenant may make, without Landlord's liens. Tenant shall give prior consent but subject to Landlord written notice the remaining provisions of this Section XII., non-structural Alterations to the Premises which do not affect the Building systems or the floor plan of the commencement Premises, which do not cost, in the aggregate, over a twelve (12) month period in excess of any construction $50,000.00 and which are consistent, in or on terms of quality and design, with the initial Tenant Improvements and Tenant's Work in the Premises 53 , in the case of Alterations which affect Building structure and/or systems or the floor plan of the Premises, 54 and otherwise in Landlord's reasonable discretion, 55 unless, upon Tenant's written request therefor made at least thirty (30) business days prior thereto. Prior the time Tenant requests Landlord's consent to the commencement of any such constructionAlterations, Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, evidencing that each contractor performing work has insurance acceptable to Landlord including but not limited to general liability insurance of not less that $1,000,000 and worker's compensation insurance specified otherwise in the statutorily required amount.writing

Appears in 1 contract

Samples: Office Lease (Earthlink Network Inc)

ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Except to the extent provided for in Exhibit B hereto, Tenant shall not make any alterations, additions or improvements to the Premises, or any part thereof, whether structural or nonstructural (hereafter "Alterations"), without Landlord's prior, final prior written consent. If Tenant does not use Landlord's architect or contractor to design or perform Alterations, Tenant shall pay to Landlord, as additional rent, a management fee equal to ten percent (10%) of the cost of the Alterations plus any professional fees or other costs and expenses incurred by Landlord in reviewing such plans and specifications or inspecting progress of any such work. In order to obtain Landlord's preliminary consent, which preliminary consent may be given or denied in Landlord's sole discretion, Tenant shall submit such information as Landlord may require, including, including without limitation plans and specifications for the Alterations. If After Landlord gives its preliminary consent for the Alterationsconsent, in order to obtain Landlord's final consent (consent, which final consent may not be unreasonably withheld after preliminary consent is given)withheld, Tenant shall then submit (ia) all necessary permits, licenses, bonds, and the construction contract, all in conformance with the plans and specifications preliminarily approved by Landlord; (iib) evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory; and (iiic) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding the foregoing Landlord will make reasonable efforts to render it's preliminary consent within five (5) working days after receipt of request for consent from Tenantnecessary. The construction contract for the Alterations shall, at the a minimum, require the general contractor and all subcontractors to obey the rules and regulations of the Building and Project. All Alterations shall be done in a good workmanlike manner by qualified and licensed contractors or mechanics, as approved by Landlord. In Except for Alterations to the Premises, Tenant shall have no event right whatsoever to make any alterations or modifications to any portion of the Building or its appurtenant facilities nor shall any Alterations affect the structure of the Building or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have has no obligation to repair, maintain or insure those Alterations. Carpeting, shelving and cabinetry shall be are considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed. No Alterations shall will be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in that Tenant remove them. At Landlord's discretion, in which case the Alterations shall be removed are subject to removal by Tenant and at Tenant's sole cost and expense. Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the such Alterations so removed. Tenant shall indemnify, defend and keep Landlord free and harmless from and against all liability, loss, damage, cost, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' and materialmen's liens. , and Tenant shall give to Landlord written notice of the commencement of any construction in or on the Premises at least thirty (30) business days prior thereto. Prior to the commencement of any such construction, Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, evidencing that each contractor performing work has insurance acceptable to Landlord including but not limited to general liability insurance of not less that $1,000,000 and worker's compensation insurance in the statutorily required amount.at

Appears in 1 contract

Samples: Office Lease (Colo Com)

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ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Tenant shall not make any alterations, additions or improvements to the Premises, or any part thereof, whether structural or nonstructural (hereafter "Alterations",'), without Landlord's prior, final written consent. In order to obtain Landlord's preliminary consent, which preliminary consent may be given or denied in Landlord's sole discretion, Tenant shall submit such information as Landlord may require, including, without limitation plans and specifications for the Alterations. If Landlord gives its preliminary consent for the Alterations, in order to obtain Landlord's final consent (which final consent may not be unreasonably withheld after preliminary consent is given), Tenant shall then submit (i) all necessary permits, licenses, bonds, and the construction contract, all in conformance with the plans and specifications preliminarily approved by Landlord; (ii) evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory; and (iii) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding the foregoing Landlord will make reasonable efforts to render it's preliminary consent within five (5) working days after receipt of request for consent from Tenant. The construction contract for the Alterations shall, at the minimum, require the general contractor and all subcontractors to obey the rules and regulations of the Building and Project. All Alterations shall be done in a good workmanlike manner by qualified and licensed contractors or mechanics, as approved by Landlord. In no event shall any Alterations affect the structure of the Building or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have no obligation to repair, maintain or insure those Alterations. Carpeting, shelving and cabinetry shall be considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed. No Alterations shall be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in Landlord's discretion, in which case the Alterations shall be removed by Tenant at Tenant's sole cost and expense. Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the Alterations so removed. Tenant shall indemnify, defend and keep Landlord free and harmless from and against all liability, loss, damage, cost, attorneys' , fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' , and materialmen's liens. Tenant shall give to Landlord written notice of the commencement of any construction in or on the Premises at least thirty (30) business days prior thereto. Prior to the commencement of any such construction, construction Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, . evidencing that each contractor performing work has insurance acceptable to Landlord including but not limited to general liability insurance of not less that than $1,000,000 and worker's compensation insurance in the statutorily required amount.

Appears in 1 contract

Samples: Office Lease (Timeline Inc)

ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Except to the extent provided for in Exhibit B hereto, Tenant shall not make any alterations, additions or improvements to the Premises, or any part thereof, whether structural or nonstructural (hereafter "Alterations"), without Landlord's prior, final prior written consent. If Tenant does not use Landlord's architect or contractor to design or perform Alterations, Tenant shall pay to Landlord, as additional rent, a management fee equal to ten percent (10%) of the cost of the Alterations plus any professional fees or other costs and expenses incurred by Landlord in reviewing such plans and specifications or inspecting progress of any such work. In order to obtain Landlord's preliminary consent, which preliminary consent may be given or denied in Landlord's sole discretion, Tenant shall submit such information as Landlord may require, including, including without limitation plans and specifications for the Alterations. If After Landlord gives its preliminary consent for the Alterationsconsent, in order to obtain Landlord's final consent (consent, which final consent may not be unreasonably withheld after preliminary consent is given)withheld, Tenant shall then submit (ia) all necessary permits, licenses, bonds, and the construction contract, all in conformance with the plans and specifications preliminarily approved by Landlord; (iib) evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory; and (iiic) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding the foregoing Landlord will make reasonable efforts to render it's preliminary consent within five (5) working days after receipt of request for consent from Tenantnecessary. The construction contract for the Alterations shall, at the a minimum, require the general contractor and all subcontractors to obey the rules and regulations of the Building and Project. All Alterations shall be done in a good workmanlike manner by qualified and licensed contractors or mechanics, as approved by Landlord. In Except for Alterations to the Premises, Tenant shall have no event right whatsoever to make any alterations or modifications to any portion of the Building or its appurtenant facilities nor shall any Alterations affect the structure of the Building or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have has no obligation to repair, maintain or insure those Alterations. Carpeting, shelving and cabinetry shall be are considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed. No Alterations shall will be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in that Tenant remove them. At Landlord's discretion, in which case the Alterations shall be removed are subject to removal by Tenant and at Tenant's sole cost and expense. Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the such Alterations so removed. Tenant shall indemnify, defend and keep Landlord free and harmless from and against all liability, loss, damage, cost, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' and materialmen's liens. Tenant shall give to Landlord written notice of the commencement of any construction in or on the Premises at least thirty (30) business days prior thereto. Prior to the commencement of any such construction, Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, evidencing that each contractor performing work has insurance acceptable to Landlord including but not limited to general liability insurance of not less that $1,000,000 and worker's compensation insurance in the statutorily required amount.interest

Appears in 1 contract

Samples: Office Lease (Colo Com)

ALTERATIONS, ADDITIONS AND TRADE FIXTURES. Tenant shall not make any alterations, additions or improvements to the Premises, or any part thereof, whether structural or nonstructural (hereafter "Alterations"), without Landlord's prior, final written consent. In order to obtain Landlord's preliminary consent, which preliminary consent may be given or denied in Landlord's sole discretion, Tenant shall submit such information as Landlord may require, including, without limitation plans and specifications for the Alterations. Any professional fees or other costs and expenses incurred by Landlord in reviewing such plans and specifications shall be paid to Landlord by Tenant as additional rent upon demand. If Landlord gives its preliminary consent for the Alterationsconsent, in order to obtain Landlord's final consent (which final consent may not be unreasonably withheld after preliminary consent is given), Tenant shall then submit (i) all necessary permits, licenses, bonds, and the construction contract, all in conformance with the plans and specifications preliminarily approved by Landlord; (ii) evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory; and (iii) such other information and documentation as Landlord deems reasonably necessary including, but not limited to, evidence of Tenant's financial ability to pay for the Alterations. Notwithstanding Nothwithstanding the foregoing foregoing, Landlord will make reasonable efforts to render it's its preliminary consent within five (5) working days after receipt of request for consent from Tenant. The construction contract for the Alterations shall, at the a minimum, require the general contractor and all subcontractors to obey the rules and regulations of the Building and Project. All Alterations shall be done in a good workmanlike manner by qualified and licensed contractors or mechanics, as approved by Landlord. In no event shall any Alterations affect the structure of the Building or its exterior appearance. All Alterations made by or for Tenant (other than Tenant's moveable trade fixtures), shall, unless Landlord expressly requires or agrees otherwise in writing, immediately become the property of Landlord, without compensation to Tenant, but Landlord shall have no obligation to repair, maintain or insure those Alterations. Carpeting, shelving and cabinetry shall be considered improvements of the Premises and not movable trade fixtures, regardless of how or where affixed. No Alterations shall be removed by Tenant from the Premises either during or at the expiration or earlier termination of the Term, and they shall be surrendered as a part of the Premises unless Landlord has agreed or required otherwise in writing, in Landlord's discretion, in which case the Alterations shall be removed by Tenant at Tenant's sole cost and expense. Upon any such removal, Tenant shall repair any damage caused to the Premises thereby, and shall return the Premises to the condition they were in prior to installation of the Alterations so removed. Tenant shall indemnify, defend and keep Landlord free and harmless from and against all liability, loss, damage, cost, attorneys' fees and any other expense incurred on account of claims by any person performing work or furnishing materials or supplies for Tenant or any person claiming under Tenant. Landlord may require Tenant to provide Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Landlord against any liability for mechanic's liens and to insure completion of the work. Landlord shall have the right at all times to post on the Premises any notices permitted or required by law, or that Landlord shall deem proper, for the protection of Landlord, the Premises, the Building and the Project, and any other party having an interest therein, from mechanics' and materialmen's liens. Tenant shall give to Landlord written notice of the commencement of any construction in or on the Premises at least thirty (30) business days prior thereto. Prior to the commencement of any such construction, Landlord shall be furnished certificates of insurance, naming Landlord as an additional insured, evidencing that each contractor performing work has insurance acceptable to Landlord including but not limited to general liability insurance of not less that $1,000,000 and worker's compensation insurance in the statutorily required amount.

Appears in 1 contract

Samples: Office Lease (PSW Technologies Inc)

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