Common use of Alterations and Improvements by Subtenant Clause in Contracts

Alterations and Improvements by Subtenant. Subtenant shall not make any to the Premises without first (a) obtaining the written approval of such Alterations from each of Master Landlord and Sublandlord to the extent approval is required under the Master Lease and (b) otherwise complying with all provisions of the Master Lease, as incorporated herein, applicable to such Alterations; provided, however, approval by Sublandlord shall not be required if Master Landlord provides its approval. All such Alterations shall be constructed only after necessary permits, licenses and approvals have been obtained from appropriate governmental agencies and all improvements shall be constructed as to conform to all relevant codes, regulations, and ordinances. All such Alterations shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion. Upon the expiration of this Sublease, Subtenant shall comply with Article 15 of the Master Lease, as incorporated herein, except to the extent that Master Landlord waives such requirement in writing. Subtenant shall permit no mechanics’ or other liens to be recorded against the Premises related to work performed by or for Subtenant or anyone claiming by, under or through Subtenant. Should such a lien be made or filed against the Premises or real property on which the Premises are situated, Subtenant at its sole cost, shall bond against or discharge said lien within thirty (30) days after Sublandlord’s or Master Landlord’s request to do so. Sublandlord acknowledges that Subtenant plans to install its own security system for the Premises and make the alterations described in Exhibit E, provided Master Landlord consents to the same and does not require that they be restored. Sublandlord’s contingent waiver of its approval right to Subtenant’s Alterations shall not affect or diminish any of Subtenant’s other obligations to Sublandlord under Section 8 of the Master Lease as incorporated herein, and Subtenant shall provide to Sublandlord all notices, lien waivers, and “as built” drawings and other items required to be delivered to Sublandlord pursuant to that Section. In addition, to the extent Subtenant is delayed in completing its initial alterations to the Premises due to (i) delays by Sublandlord, but only if the delay continues for two (2) business days after Subtenant’s delivery of a second request for approval in compliance with the notice provisions of this Sublease, which second request must be in writing or sent by email to Sublandlord’s email address provided under Section 10.1 above or (ii) mandatory construction work stoppages imposed by governmental entities in response to the COVID-19 pandemic (by statute, orders or other restrictions), Subtenant shall be entitled to xxxxx one (1) day of rent next coming due with respect to the applicable phase of the Premises for each day of such delay.

Appears in 2 contracts

Samples: Sublease (Sutro Biopharma, Inc.), Sublease (Five Prime Therapeutics, Inc.)

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Alterations and Improvements by Subtenant. Subtenant shall will not make any alterations, additions or improvements to the Sublease Premises ("Alterations") without first (a) obtaining the prior written approval consent of such Alterations from each Sublessor thereto, which consent shall be deemed granted if Subtenant obtains Landlord's consent thereto and notifies Sublessor in writing thereof at least ten (10) days prior to commencement of Master Landlord and Sublandlord to the extent approval is required under the Master Lease and (b) otherwise complying with all provisions of the Master Lease, as incorporated herein, applicable to such Alterations; provided, however, approval Subtenant shall indemnify, defend (by Sublandlord shall not be counsel reasonably acceptable to Sublessor) and hold Sublessor harmless from and against all claims, damages, losses, liabilities, judgments, costs and expenses suffered or incurred by Sublessor arising from or related to Subtenants' failure to (i) surrender the Sublease Premises in the condition in which Sublessor must surrender the Sublease Premises to Landlord pursuant to the Master Lease, and (ii) remove any Alterations made by Subtenant to the extent required if by Landlord and (iii) restore the Subleased Premises to the condition required by t the terms of the Master Landlord provides its approvalLease. The term "Alterations" includes any alterations, additions or improvements made by Subtenant to comply with the ADA as required in Section 11 below. All such Alterations shall must be constructed (i) in a good and workmanlike manner using materials of a quality comparable to those on the Sublease Premises, (ii) in conformance with all relevant codes, regulations and ordinances and (iii) only after necessary permits, licenses and approvals have been obtained by Subtenant from the appropriate governmental agencies and all improvements shall be constructed as to conform to all relevant codes, regulations, and ordinancesagencies. All such Alterations shall will be made at Subtenant’s 's sole cost and shall be diligently prosecuted to completion. Upon the expiration of this Sublease, Subtenant shall comply with Article 15 of the Master Lease, as incorporated herein, except to the extent that Master Landlord waives such requirement in writing. Subtenant shall permit no mechanics’ Any contractor or other liens to person making any Alterations must first be recorded against the Premises related to work performed by or for Subtenant or anyone claiming by, under or through Subtenant. Should such a lien be made or filed against the Premises or real property on which the Premises are situated, Subtenant at its sole cost, shall bond against or discharge said lien within thirty (30) days after Sublandlord’s or Master Landlord’s request to do so. Sublandlord acknowledges that Subtenant plans to install its own security system for the Premises and make the alterations described in Exhibit E, provided Master Landlord consents to the same and does not require that they be restored. Sublandlord’s contingent waiver of its approval right to Subtenant’s Alterations shall not affect or diminish any of Subtenant’s other obligations to Sublandlord under Section 8 of the Master Lease as incorporated herein, and Subtenant shall provide to Sublandlord all notices, lien waivers, and “as built” drawings and other items required to be delivered to Sublandlord pursuant to that Section. In addition, to the extent Subtenant is delayed in completing its initial alterations to the Premises due to (i) delays by Sublandlord, but only if the delay continues for two (2) business days after Subtenant’s delivery of a second request for approval in compliance with the notice provisions of this Sublease, which second request must be reasonably approved in writing or sent by email to Sublandlord’s email address provided under Section 10.1 above or (ii) mandatory construction work stoppages imposed by governmental entities in response to the COVID-19 pandemic (by statuteSublessor; provided, orders or other restrictions)however, Subtenant shall be entitled to xxxxx one (1) day Sublessor hereby approves of rent next coming due with respect to the applicable phase of the Premises for each day of such delayXxxxxxxx Construction, Inc. as a contractor.

Appears in 1 contract

Samples: Sublease Agreement (Somera Communications Inc)

Alterations and Improvements by Subtenant. Notwithstanding anything to the contrary contained in this Sublease, Subtenant shall not make any alterations, additions or improvements to the Premises (collectively, “Alterations”) without first (ai) obtaining the written approval of for such Alterations from each of Master Landlord and Sublandlord to the extent approval is required under the Master Lease and (bii) otherwise complying with all provisions of the Master Lease, as incorporated herein, Lease applicable to such Alterations; provided, however, approval by Sublandlord shall not be required if . Master Landlord provides and Sublandlord may grant or withhold its approvalapproval to any such Alterations, and may impose any conditions with respect thereto, all in Sublandlord’s and Master Landlord’s discretion. All such Alterations shall be constructed only after necessary permits, licenses and approvals have been obtained from appropriate governmental agencies and all improvements shall be constructed as to conform to all relevant codes, regulations, and ordinances. All such Alterations shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion. Any contractor or person making such Alterations shall first be approved in writing by Sublandlord. Upon the expiration or earlier termination of this Sublease, Sublandlord may elect to have Subtenant either (i) surrender with the Premises any or all of such Alterations as Sublandlord shall determine (except personal property as provided in Subsection (b) below), in which case, such Alterations shall become the property of Sublandlord, or (ii) promptly remove any or all of such Alterations made by Subtenant and that are designated by Sublandlord to be removed, in which case, Subtenant shall comply with Article 15 repair and restore the Premises to its original condition as of the Commencement Date, excepting reasonable wear and tear, it being understood and agreed that Subtenant shall have no obligation to undertake any restoration of alterations existing as of the date hereof if such restoration are required under the terms of the Master Lease. However, Subtenant is responsible for the removal of all of the FF&E described in “Exhibit C” as incorporated hereinwell as the cabling for these FF&E, except to since they become owner for these items on the extent that Master Landlord waives such requirement in writing. Subtenant shall permit no mechanics’ or other liens to be recorded against the Premises related to work performed by or for Subtenant or anyone claiming by, under or through SubtenantSublease Commencement Date. Should such a lien be made or filed against the Premises or real property the Land on which the Premises are situated, Subtenant at its sole cost, shall bond against or discharge said lien within thirty ten (3010) calendar days after the earlier of (i) Sublandlord’s or Master LandlordXxxxxxxx’s request to do so. Sublandlord acknowledges that Subtenant plans to install its own security system for the Premises and make the alterations described in Exhibit E, provided Master Landlord consents to the same and does not require that they be restored. Sublandlord’s contingent waiver of its approval right to Subtenant’s Alterations shall not affect or diminish any of Subtenant’s other obligations to Sublandlord under Section 8 of the Master Lease as incorporated herein, and Subtenant shall provide to Sublandlord all notices, lien waivers, and “as built” drawings and other items required to be delivered to Sublandlord pursuant to that Section. In addition, to the extent Subtenant is delayed in completing its initial alterations to the Premises due to (i) delays by Sublandlord, but only if the delay continues for two (2) business days after Subtenant’s delivery of a second request for approval in compliance with the notice provisions of this Sublease, which second request must be in writing or sent by email to Sublandlord’s email address provided under Section 10.1 above or (ii) mandatory construction work stoppages imposed by governmental entities in response to the COVID-19 pandemic (by statute, orders or other restrictions), when Subtenant shall be entitled to xxxxx one (1) day of rent next coming due with respect to the applicable phase becomes aware of the Premises for each day of such delaylien.

Appears in 1 contract

Samples: Sublease (Flewber Global Inc.)

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Alterations and Improvements by Subtenant. Except to the extent Subtenant shall be entitled to perform the same without consent in accordance with Section 4(f) of the Original Lease, Subtenant shall not make any alterations, additions or improvements to the Premises (collectively, “Alterations”) without first (ai) obtaining the written approval of such Alterations from each of Master Landlord and Sublandlord to (all in accordance with Section 4(f) of the extent approval is required under the Master Lease Original Lease) and (bii) otherwise complying with all provisions of the Master Lease, as incorporated herein, Lease applicable to such Alterations; provided, however, approval by Sublandlord shall not be required if Alteration. Master Landlord provides and Sublandlord may grant or withhold its approvalapproval to any such Alterations, and may impose any conditions with respect thereto, all in accordance with Section 4(f) of the Original Lease. All such Alterations shall be constructed only after necessary permits, licenses and approvals have been obtained from appropriate governmental agencies and all improvements shall be constructed as to conform to all relevant codes, regulations, and ordinances. All such Alterations shall be made at Subtenant’s sole cost and shall be diligently prosecuted to completion. Upon Any contractor or person making such Alterations shall first be approved in writing by Sublandlord, such approval not to be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the expiration of this Sublease, Subtenant shall comply with Article 15 of contrary contained in the Master Lease, in no event shall Subtenant be required to remove any alterations or improvements existing in the Premises as incorporated herein, except to of the extent that Master Landlord waives such requirement in writingCommencement Date. Subtenant shall permit no mechanics’ or other liens to be recorded against the Premises related to work performed by or for Subtenant or anyone claiming by, under or through SubtenantPremises. Should such a lien be made or filed against the Premises or real property on which the Premises are situated, Subtenant at its sole cost, shall bond against or discharge said lien within thirty ten (3010) days after Sublandlord’s or Master Landlord’s written request to do so. Sublandlord acknowledges that Subtenant plans to install its own security system for the Premises and make the alterations described in Exhibit E, provided Master Landlord consents to the same and does not require that they be restored. Sublandlord’s contingent waiver of its approval right to Subtenant’s Alterations shall not affect or diminish any of Subtenant’s other obligations to Sublandlord under Section 8 of the Master Lease as incorporated herein, and Subtenant shall provide to Sublandlord all notices, lien waivers, and “as built” drawings and other items required to be delivered to Sublandlord pursuant to that Section. In addition, to the extent Subtenant is delayed in completing its initial alterations to the Premises due to (i) delays by Sublandlord, but only if the delay continues for two (2) business days after Subtenant’s delivery of a second request for approval in compliance with the notice provisions of this Sublease, which second request must be in writing or sent by email to Sublandlord’s email address provided under Section 10.1 above or (ii) mandatory construction work stoppages imposed by governmental entities in response to the COVID-19 pandemic (by statute, orders or other restrictions), Subtenant shall be entitled to xxxxx one (1) day of rent next coming due with respect to the applicable phase of the Premises for each day of such delay.

Appears in 1 contract

Samples: Sublease (Praxis Precision Medicines, Inc.)

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