ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that: (a) Tenant shall give prior written notice to Landlord of such Alterations; (b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and (c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (CarGurus, Inc.), Lease Agreement (CarGurus, Inc.)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, with respect to any Alterations with an aggregate cost in excess of $200,000.00, the filing of xxxx lxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) with respect to any Alterations with an aggregate cost in excess of $200,000.00, Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00)bonds. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. XxxxxxxxLxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. XxxxxxxxLxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of XxxxxxTxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of XxxxxxTxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, pursuant to uniformly enforced, non-discriminatory construction rules and regulations in effect for the Building. Tenant shall reimburse Landlord, as Additional Rent, for any reasonable, out-of-pocket third-party costs (including engineers’ and architects’ fees and expenses but excluding in-house personnel of Landlord or its parent company) incurred by Landlord in connection with review and approval of the plans and specifications, and, with respect to Alterations that are structural or that materially affect the building systems, any inspections or other oversight by or on behalf of Landlord during the performance of such Alterations. Except for such out-of-pocket expenses, Landlord will not charge Tenant any construction management or supervisory fee in connection with Alterations, unless Landlord and Tenant shall pay otherwise agree that Landlord an oversight fee equal to three percent (3%) will manage the performance of the hard costs of any such workAlterations on Txxxxx’s behalf. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. Landlord agrees that Tenant will only be required to remove above-standard office improvements (including, without limitation, attached or built in fixtures, equipment and appurtenances) and, except as set forth below, will not have any obligation to remove any of Landlord’s Work or the existing internal staircase(s) in the Premises. Notwithstanding the foregoing, Tenant shall at the election of Landlord remove any refrigerators and refrigeration equipment, including any associated taps, in the Premises, however affixed, and the so-called bleachers located in the first floor portion of the Premises. If Tenant so requests in writing at the time that Xxxxxx Txxxxx requests XxxxxxxxLxxxxxxx’s approval of such Alterations, Xxxxxxxx Lxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight feeconsent, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance200,000.00, provided however that:
(ai) Tenant shall give prior written notice to Landlord of such Alterations;
(bii) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(ciii) such Such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, with respect to any Alterations with an aggregate cost in excess of $200,000.00, the filing of xxxx lxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) with respect to any Alterations with an aggregate cost in excess of $200,000.00, Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00)bonds. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. XxxxxxxxLxxxxxxx’s consent and approval required under this Article 12 13 shall not be unreasonably withheld. XxxxxxxxLxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of XxxxxxTxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of XxxxxxTxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, pursuant to uniformly enforced, non-discriminatory construction rules and regulations in effect for the Building. Tenant shall reimburse Landlord, as Additional Rent, for any reasonable, out-of-pocket third-party costs (including engineers’ and architects’ fees and expenses but excluding in-house personnel of Landlord or its parent company) incurred by Landlord in connection with review and approval of the plans and specifications, and, with respect to Alterations that are structural or that materially affect the building systems, any inspections or other oversight by or on behalf of Landlord during the performance of such Alterations. Except for such out-of-pocket expenses, Landlord will not charge Tenant any construction management or supervisory fee in connection with Alterations including the Tenant Work, unless Landlord and Tenant shall pay Landlord an oversight fee equal to three percent (3%) otherwise agree that Lxxxxxxx will manage the performance of the hard costs of any such workAlterations on Txxxxx’s behalf. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. Landlord agrees that Tenant will only be required to remove above‑standard office improvements (including, without limitation, attached or built in fixtures, equipment and appurtenances) and, except as set forth below, will not have any obligation to remove any of Landlord’s Work or the existing internal staircase(s) in the Premises. Notwithstanding the foregoing, Tenant shall at the election of Landlord remove any refrigerators and refrigeration equipment, including any associated taps, in the Premises, however affixed. If Tenant so requests in writing at the time that Xxxxxx Txxxxx requests XxxxxxxxLxxxxxxx’s approval of such Alterations, Xxxxxxxx Lxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight feeconsent, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance150,000.00, provided however that:
(ai) Tenant shall give prior written notice to Landlord of such Alterations;
(bii) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(ciii) such Such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions structural changes respecting the Premises or improvements in the Building (or to the mechanical or building systems of the Building) and shall make no changes of any kind respecting the Premises (“Alterations”) or the Building which are visible from the exterior of the Premises without Landlord’s prior written consent, to be granted or withheld in Landlord’s sole discretion. Except for the initial upfitting of the Premises in accordance with the Plans, any other interior, nonstructural changes or other alterations, additions, or improvements to the Premises (including without limitation, repairs or replacement of the HVAC system serving the Premises in accordance with Section 10 herein) shall not require Landlord’s consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work (so long as such alterations do not impact any base building systems), however, Tenant shall be undertaken or begun by Tenant until: provide Landlord with at least ten (i10) Landlord has approved days advance written plans and specifications notice of such alterations and a time schedule copy of the plans for such work; interior, nonstructural alterations. All alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (iiexcluding, however, Tenant’s trade fixtures as described in the paragraph entitled “Trade Fixtures and Equipment” below) Tenant has made provision for either written waivers of liens from all contractorsby, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliersfor, or other appropriate protective measures approved by Landlord; and (iii) at the direction of Tenant has procured appropriate surety payment and performance bonds with respect to workshall, when made, become the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit property of Landlord, and neither Tenant nor any third party shall have the right to rely upon at Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting sole election, and shall, unless otherwise specified by Landlord at the foregoingtime Landlord gives its consent thereto, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of remain upon the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner earlier termination of this Lease. Notwithstanding anything contained herein to the contrary, all alterations and improvements undertaken by Tenant shall be consistent with the then-existing quality, color scheme (where appropriate), general aesthetic appearance and tenor of the balance of the Building and, in any event, Landlord may withhold its consent, to the extent consent is required hereunder, to any proposed alteration or improvement by Tenant unless Tenant agrees to remove said improvement at the end of the Term of this Lease to and/or restore the Premises to substantially the same condition as in which it existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything prior to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any undertaking of the Building’s systems, proposed alteration or the ceiling of the Premisesimprovement.
Appears in 2 contracts
Samples: Lease Agreement (Inspire Pharmaceuticals Inc), Lease Agreement (Inspire Pharmaceuticals Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, with respect to any Alterations with an aggregate cost in excess of $200,000.00, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) with respect to any Alterations with an aggregate cost in excess of $200,000.00, Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00)bonds. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, pursuant to uniformly enforced, non-discriminatory construction rules and regulations in effect for the Building. Tenant shall reimburse Landlord, as Additional Rent, for any reasonable, out-of-pocket third-party costs (including engineers’ and architects’ fees and expenses but excluding in-house personnel of Landlord or its parent company) incurred by Landlord in connection with review and approval of the plans and specifications, and, with respect to Alterations that are structural or that materially affect the building systems, any inspections or other oversight by or on behalf of Landlord during the performance of such Alterations. Except for such out-of-pocket expenses, Landlord will not charge Tenant any construction management or supervisory fee in connection with Alterations, unless Landlord and Tenant shall pay otherwise agree that Landlord an oversight fee equal to three percent (3%) will manage the performance of the hard costs of any such workAlterations on Xxxxxx’s behalf. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. Landlord agrees that Tenant will only be required to remove above-standard office improvements (including, without limitation, attached or built in fixtures, equipment and appurtenances) and, except as set forth below, will not have any obligation to remove any of Landlord’s Work or the existing internal staircase(s) in the Premises. Notwithstanding the foregoing, Tenant shall at the election of Landlord remove any refrigerators and refrigeration equipment, including any associated taps, in the Premises, however affixed, and the so-called bleachers located in the first floor portion of the Premises. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight feeconsent, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance200,000.00, provided however that:
(ai) Tenant shall give prior written notice to Landlord of such Alterations;
(bii) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(ciii) such Such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) after the commencement of the term without Landlord’s 's prior written consent which consent shall not be unreasonably withheld and then only those that are made by contractors or mechanics approved by Landlord. Any contractors selected by Tenant shall be required to work in harmony with Landlord’s contractors and sub-contractors. No installations installation or work shall be undertaken or begun by Tenant until: (i) until Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlordtherefor; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations work, alterations or decorations, installations, removals, additions and improvements shall be done at Tenant’s 's sole expense and at such times time and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterationsalterations, decorations, installations, or removals, additions or improvements, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at commencement of the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;term hereof.
(b) Tenant Any approval by Landlord or Landlord's architects and/or engineers of any of Tenant's drawings, plans and specifications which are prepared in connection with any improvements or alterations in the Premises shall submit not in any way be construed or operate to bind Landlord or to constitute a representation or warranty of Landlord as to the adequacy or sufficiency of such drawings, plans and specifications or the improvements to which they relate, for any use, purpose, or condition but such Alterations if Tenant utilizes approval shall merely be the consent of Landlord as may be required hereunder in connection with Tenant's construction of improvements in the Premises in accordance with such drawings, plans for such Alterations; andand specifications under the terms of this Lease.
(c) Prior to any work being performed by Tenant pursuant to this Section 12, Tenant shall cause all contractors and subcontractors performing such Alterations work to file a waiver of mechanics' liens in the appropriate filing office for the county in which the Center is located.
(d) In the event any lien shall not materially affect at any time be filed against the Premises or against any part of the Building’s systemsCenter by reason of work, labor, or services performed or alleged to have been performed, or materials furnished or alleged to have been furnished by for or to Tenant or to anyone holding the ceiling Premises through or under Tenant, Tenant shall forthwith cause the same to be discharged of record or bonded to the satisfaction of Landlord. If Tenant shall fail to cause such lien forthwith to be so discharged or bonded after being notified of the Premisesfiling thereof, then, in addition to any other right or remedy of Landlord, Landlord may discharge the same by paying the amount claimed to be due, and the amount so paid by Landlord and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable by Tenant to Landlord as additional rent on the first day of the next following month.
Appears in 2 contracts
Samples: Lease Agreement (United Bancshares Inc /Pa), Lease Agreement (United Bancshares Inc /Pa)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises or the Building (“hereinafter collectively referred to as "Alterations”") without Landlord’s 's prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications specifications, which are sufficiently detailed to obtain a building permit, and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx lien bonds on behalf of such contractors, laborers and suppliers, or other appropriate xxxxx xxxropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00)bonds. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s Landlord's approval is solely given for the benefit of Landlord, Landlord and neither Tenant nor any third party shall have the right to rely upon Landlord’s 's approval of Xxxxxx’s Tenant's plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s 's plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s 's furniture, appliances and equipment), and Landlord’s 's approval of Xxxxxx’s Tenant's plans shall in no event relieve relive Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s 's sole expense expense, except to the extent such work is included in the Tenant Improvement Work as defined in Article 4 hereof, and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, Alterations as provided above then Landlord may elect to require the Tenant at the expiration or sooner termination of the Term term of this Lease to restore the Premises to substantially the same condition as existed at the Term Commencement Date. If Should Tenant so requests in writing at make any Alterations without the time that Xxxxxx requests Xxxxxxxx’s prior approval of such AlterationsLandlord, Xxxxxxxx agrees or use a contractor not expressly approved by Landlord, Landlord may, at any time during the term of this Lease, require that Tenant remove all or part of the alterations and return the Premises to make such election at the time that Landlord approves Tenant’s plans for any such condition it was in prior to the making of the Alterations. Notwithstanding anything to the contrary herein containedforegoing, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, right to make interior nonstructural Alterations costing non-structural alterations (not more than Seventy-Five Thousand in excess of $20,000.00 in the aggregate) and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any install decorative items on the interior of the Building’s systems, or the ceiling of the PremisesPremises without Landlord's approval.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Except as otherwise expressly set forth herein, Tenant shall make no alterations, decorations, installations, removals, utility installations, repairs additions or improvements (sometimes referred to herein collectively to as “Alterations” or singly as an “Alteration”) in or to the Premises (“Alterations”) without Landlord’s prior written consent (subject to the consent standard set forth below) and then only those that are unless made by contractors or mechanics approved by Landlord. No installations Alterations or work (other than Non-Consent Alterations, as defined below) shall be undertaken or begun by Tenant until: (ia) Landlord has consented to and approved written plans and specifications and a time schedule for such worktherefor; (iib) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations Alterations or work, the filing of xxxx lxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iiic) Tenant has procured procured, or ensured that the contractor has procured, appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars (for Alterations exceeding $75,000.00350,000 in project costs). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. XxxxxxxxLandlord’s consent and approval required under this Article 12 shall not be unreasonably withheld, conditioned or delayed as to an Alteration that meets all of the following criteria (each a “Nonstructural Alteration”): (i) does not adversely affect the Building’s exterior, roof, structural elements, or the mechanical, electrical, plumbing, life safety or other Building systems or the architectural features (including windows, exterior lighting or canopies or the locations or functionality of public entrances and access thereto) or use of the Building or Common Areas, including the construction of any new exterior structures, (ii) does not lessen the fair market value of Landlord’s Work (taking into account the value of the proposed Alteration), and (iii) does not adversely affect the LEED relating to Building Design and Construction (or similar) certifiability of the Building or any improvements therein or any LEED or similar certifications relating to Building Design and Construction previously obtained with respect to the Building or any improvements therein. XxxxxxxxLandlord’s approval is solely given for the benefit of Landlord, Landlord and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of XxxxxxTenant’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with lawall Legal Requirements, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of XxxxxxTenant’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any Alterations or work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any All Alterations made by Tenant (other than Non-Consent Alterations) shall be made in accordance with plans and specifications which have been approved in writing by Landlord (subject to the approval standard set forth above), pursuant to a duly issued permit, and in accordance with the provisions of Section 13(c) below, the provisions of this Lease and in a good and first-class workerlike manner using new materials of same or better quality as base building standard materials, finishes and colors, free of all liens and encumbrances. All such Alterations shall be done at Tenant’s sole expense and shall be done at such times and in such manner as Landlord may from time to time reasonably designate. Other than with respect to Non-Consent Alterations, and Tenant shall pay to Landlord an oversight a fee equal to three two and one-half percent (32.5%) of the hard costs of any such workAlterations to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction of the Alterations and Tenant shall reimburse Landlord for all actual and reasonable third party costs and expenses it incurs in reviewing the plans, specifications and applications therefor and in monitoring the construction of the Alterations. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Term Commencement Date (but with respect to Premises B, to substantially the same condition as existed as of the Premises B Commencement Date. If ), provided, however, that Landlord shall be required to notify Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxxof such election contemporaneously with Landlord’s approval of such AlterationsAlteration requiring consent hereunder and Tenant may require Tenant first gives assurance or security acceptable to Landlord that such re-adaptation will be made prior to such termination without expense to Landlord and makes provisions acceptable to Landlord for payment of such increased cost. Tenant shall pay, Xxxxxxxx agrees as an additional charge, the entire increase in real estate taxes on the Building which shall, at any time prior to or after the Term Commencement Date, result directly from or be directly attributable to any Alteration to the Premises made by or for the account of Tenant. If, as a result of any Alterations made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other Legal Requirement and such compliance requires Landlord to make such election at any improvement or alteration to any portion of the time that Building, as a condition to Landlord’s consent, Landlord approves Tenant’s plans for shall have the right to require Tenant to pay to Landlord prior to the construction of any such AlterationsAlteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such Legal Requirement. Without limiting any of the terms hereof, Landlord will not be required to approve any Alteration requiring unusual expense to readapt the Premises to normal office and/or laboratory use on lease termination or increasing the cost of construction, insurance or Taxes on the Building or of Landlord’s services to the Premises, unless Tenant first gives assurance reasonably acceptable to Landlord that such re-adaptation will be made prior to such termination without expense to Landlord. Notwithstanding the foregoing or anything to the contrary herein containedcontained elsewhere in this Article 12, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight feeprior consent, to make interior any Alteration that meets all of the following criteria (a “Non-Consent Alteration”): (A) the proposed Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (B) Tenant provides Landlord with not less than seven (7) business days’ advance written notice of the commencement of such Alteration (which notice shall include the name and contact information for the contractor(s) performing work in connection therewith, required evidence of insurance and such other reasonable information as Landlord may reasonably require, if any), (C) such Alteration is a nonstructural Alterations costing Alteration (as provided above Subsections (i), (ii) and (iii) above), (d) the Alteration does not more affect the exterior of the Building or Premises and/or is not visible from the exterior of the Building or Premises, and (e) the Alteration work does not require a building permit or other governmental permit, or if a building permit is required, the Alteration work costs less than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) 150,000 in each instance. At the time Tenant notifies Landlord of any Non-Consent Alteration, provided however that:
(a) Tenant shall give prior written notice to Landlord a copy of Tenant’s plans for the work (or narrative description if such Alteration is not of a type that would have plans). If the Non-Consent Alteration is of such Alterations;
(b) a nature that formal plans will not be prepared for the work, Tenant shall submit to provide Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any with a reasonably specific description of the Building’s systems, or the ceiling of the Premiseswork.
Appears in 1 contract
Samples: Lease (Gritstone Bio, Inc.)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give have the right during the continuance of this Lease Agreement to make such alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior written notice to Landlord the making of any such structural change. Tenant shall pay all costs and expenses of such Alterations;alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property and business
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall submit to Landlord plans for such Alterations if remain the property of Tenant utilizes plans for such Alterations; and
(c) such Alterations and shall not materially affect be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to the Building’s systemsPremises and require severance shall be removed at Tenant's cost, or the ceiling of the Premisesand Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Samples: Lease Agreement (Spire Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. 11.1 Landlord’s Consent Required Tenant shall not make no any alterations, decorations, installations, removals, additions or improvements improvements, including a vivarium not to exceed 3,500 square feet, (collectively, “Alterations”) in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved approval of the contractor(s), written plans and specifications and specifications, a time schedule therefor and the items listed in Exhibit 11 attached hereto and made a part hereof. Landlord reserves the right to require that Tenant use Landlord’s preferred vendor(s) for such work; (ii) any Alterations that involve roof penetrations, alarm tie-ins, sprinklers, fire alarm and other life safety equipment. Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No shall not make any amendments or additions to such plans and specifications shall be made approved by Landlord without the Landlord’s prior written consent consent. Landlord’s approval of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 non-structural Alterations shall not be unreasonably withheld, conditioned or delayed. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting Notwithstanding the foregoing, Landlord may withhold its consent in its sole discretion (a) to any Alteration to or affecting the roof and/or building systems, (b) with respect to matters of aesthetics relating to Alterations to or affecting the exterior of the Building, (c) to any Alteration affecting the Building structure, and (d) to any Alteration enlarging the rentable square footage of the Premises. Notwithstanding the foregoing, Xxxxxxxx’s consent shall not be required with respect to any Alterations that are purely decorative in nature nor with respect to any Alterations costing less than $50,000 in any one instance ($150,000 in the aggregate per year), up to a maximum of three (3) such Alterations per year, so long as such Alterations do not affect the roof, Building systems or Building exterior or require the issuance of a building permit or any other governmental approval (each, a “Permitted Alteration”), provided Tenant shall provide Landlord with reasonably detailed prior written notice thereof. Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, including compliance with lawLegal Requirements, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of XxxxxxTenant’s plans shall in no event relieve Tenant of the responsibility for such design. In seeking Landlord’s approval, Tenant shall provide Landlord, at least fourteen (14) business days in advance of any proposed construction, with, to the extent applicable, plans, specifications, bid proposals, certified stamped engineering drawings and calculations by Xxxxxx’s engineer of record or architect of record (including connections to the Building’s structural system, modifications to the Building’s envelope, non-structural penetrations in slabs or walls, and modifications or tie-ins to life safety systems), code compliance certifications, work contracts, requests for laydown areas and such other information concerning the nature and cost of the Alterations as Landlord may reasonably request. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, materials (whether building standard or non-building standard), appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises includingXxxxxx. Except as otherwise expressly set forth herein, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such all Alterations shall be done at Tenant’s sole cost and expense and at such times and in such manner as Landlord may from time to time reasonably designate. To the extent applicable, and Tenant shall pay provide Landlord an oversight fee equal to three percent with reproducible record drawings (3%in CAD format) of all Alterations (including the hard costs of any such workTenant Improvements) within sixty (60) days after completion thereof. If Tenant shall make any Alterations, including a vivarium, then Landlord may elect elect, not later than the time of Landlord’s approval thereof (or as soon as reasonably possible and in any event within thirty (30) days after receipt of reasonably detailed notice regarding any Permitted Alterations), to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed immediately prior to the Alterations, provided however, if Landlord has elected pursuant to this sentence to require Tenant to remove the Alterations at the Commencement Date. If Tenant so requests expiration or sooner termination of the Term, Landlord, in writing its sole discretion, may elect at any time prior to the at the time that Xxxxxx requests Xxxxxxxx’s approval expiration or sooner termination of the Term for Tenant to pay to Landlord fifty percent (50%) of the restoration costs with respect to any such Alterations, Xxxxxxxx agrees as such costs are reasonably determined by Landlord, in lieu of Tenant being required to make remove such election Alteration. If Landlord does not timely elect to require such removal, then any such Alterations shall become part of the Premises upon installation, and shall be surrendered with the Premises at the time that Landlord approves Tenant’s plans for any such Alterationsend of the Term. Notwithstanding anything Subject to the contrary herein containedterms and conditions set forth in this Article 11, Tenant shall have the rightright to install and maintain a card access system in the Premises. Tenant, without obtaining Landlord’s consent at its sole cost and without paying the aforesaid oversight feeexpense, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice furnish to Landlord a reasonable number of such Alterations;
(b) Tenant shall submit devices required to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of access the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall make no alterations, decorations, installations, removalsremovals (other than Tenant's Trade Fixtures, which Tenant has the right to remove pursuant to Article 11), additions or improvements in or to the Premises (“Alterations”) premises without Landlord’s 's prior written consent and then only those that are made by contractors or mechanics approved by Landlord. Except for installation of conduit and wiring to serve Tenant's telecommunications needs (which may be only if Tenant has obtained Landlord's prior written consent), and except in connection with the initial Tenant Work described on Exhibit 4-I, Tenant shall have no right to make alterations, installations or removals outside of the premises. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) with respect to the Required Tenant Work and any future installations or work, the cost of which exceeds $250,000.00, Tenant has procured appropriate surety payment and performance bonds with respect to workbonds. Notwithstanding the foregoing, the cost provisions of which exceeds Seventy-Five Thousand clause (iii) of this Article 12 shall not apply if the aggregate net worth of the entity holding Tenant's interest and of any and all other parties responsible for all of the obligations and liabilities of Tenant hereunder (collectively "Responsible Parties") as of the time of the installation or work (as evidenced by financial statements, in form reasonably acceptable to Landlord and prepared and certified by an independent certified public account reasonably acceptable to Landlord) is at least One Hundred Million and 00/100 Dollars ($75,000.00)100,000,000) Dollars. Initially, the only Responsible Parties are Tenant and the Guarantor, SMTC Corporation. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s .
(b) Landlords consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s Landlord's approval is solely given for the benefit of Landlord, Landlord and neither Tenant nor any third party shall have the right to rely upon Landlord’s 's approval of Xxxxxx’s Tenant's plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s 's plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises premises and the placement of Tenant’s 's furniture, appliances and equipment), and Landlord’s 's approval of Xxxxxx’s Tenant's plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations work, alterations, decorations, installations, removals, additions and improvements shall be done at Tenant’s 's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent .
(3%c) of the hard costs of any such work. If Tenant shall make any alterations, decorations, installations, removals, additions or improvements other than the Required Tenant Work (collectively "Alterations, ") then Landlord may elect to require the Tenant at the expiration or sooner termination of the Term term of this Lease to restore remove the Alterations and return the Premises in the condition required pursuant to substantially Article 22 of the same condition as existed at the Commencement Datelease. If Landlord shall, if so requested by Tenant so requests in writing at the time that Xxxxxx Tenant requests Xxxxxxxx’s that Landlord gives its approval to any such Alterations, or at the time that Tenant gives written notice to Landlord of such Alterations, Xxxxxxxx agrees to make such election election.
(d) Tenant shall pay, as an additional charge, the entire increase in real estate taxes on the Building which shall, at any time prior to or after the time Term Commencement Date, result from or be attributable to any alteration, addition or improvement to the Premises made by or for the account of Tenant, but only as and to the extent it is reasonably determinable from the records of the assessing authority that Landlord approves Tenant’s plans for any such Alterations. increase in Taxes is based solely upon such alteration, addition, or improvement.
(e) Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee's consent, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars decorations, alterations, additions, or improvements ($75,000.00) in each instance"Permitted Alterations"), provided however however, that:
(ai) Tenant shall give prior written notice to Landlord of such Alterationsdecorations, alterations, additions or improvements;
(bii) Tenant shall submit to Landlord plans for such Alterations decorations, alterations, additions, or improvements if Tenant utilizes plans for such Alterationsdecorations, alterations, additions or improvements; and
(ciii) such Alterations decorations, alterations, additions or improvement shall not materially materially, adversely affect any of the Building’s 's systems, or the ceiling of the Premises. Tenant may an engage a contractor to perform Permitted Alterations without obtaining Landlord's consent.
(f) Any disputes arising under this Article 12 shall be submitted to arbitration in accordance with Article 29.5
Appears in 1 contract
Samples: Lease Agreement (SMTC Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Demised Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or contractors, mechanics and laborers approved by Landlord, which approval shall be subject without limitation to reasonable insurance requirements. No installations or such work shall be undertaken or begun by Tenant until: (i) until Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlordtherefor; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations alterations, decorations, installations, removals, additions and improvements shall be done at Tenant’s the sole expense of Tenant and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant . Any consent or approval required under this Article shall pay Landlord an oversight fee equal to three percent (3%) not be unreasonably withheld or delayed in the case of any proposed work of a non-structural nature which does not affect the common areas or facilities of the hard costs of any such workProperty. If Tenant shall make any Alterationsalterations, decorations, installations, removals, additions or improvements (including without limitation raised flooring, supplemental air conditioning systems and power generators), then Landlord may elect elect, at the time of consenting thereto, to require Tenant at the expiration or sooner termination end of the Term of this Lease to restore the Demised Premises and any affected common facilities of the Building to substantially the same condition as existed at on the Term Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Viryanet LTD)
ALTERATIONS AND IMPROVEMENTS BY TENANT. 19.1 The Tenant shall not without the Landlord's prior written consent, which consent Landlord shall not be obligated to give, make no any alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors demised premises, of a structural nature, structural intended to mean any modification to the exterior walls, structural steel framing, floors, ceilings or mechanics approved by Landlord. No any construction or installations which will affect the building structural systems, including plumbing, heating, ventilating, air-conditioning, elevators or work shall be undertaken stairwells, electrical circuitry, excluding relocation of light fixtures or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliersoutlets, or other appropriate protective measures approved by Landlord; and (iii) materially change or alter the Tenant's Plan as set forth on Schedule D.
19.2 Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon make non-structural alterations, installations, changes, replacements, additions and/or improvements which do not materially change or alter the Tenant's Plan as set forth on Exhibit B (hereinafter sometimes individually and sometimes collectively referred to as "alterations") to the demised premises during the term of the lease, provided the same shall not exceed $10,000.00 per annum (non-cumulative); provided, in any event, that any such permitted installation shall not affect the basic building structure or basic Building systems. Any installation in excess of $10,000.00 shall require Landlord’s approval 's prior written consent, which consent shall not be unreasonably withheld or delayed, providing such changes are non-structural and providing the same do not affect the building structural or operating systems as above defined; which consent may, however, contain provisions relating to the procedures to be followed for the removal of Xxxxxx’s plans for such alterations at the termination of the lease. Landlord agrees that it will not unreasonably withhold its consent to any purpose whatsoeversuch non-structural alterations. Without limiting the foregoing, Tenant Each such alteration shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, same quality as the structural integrity original construction and finishing of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment)office space, and Landlord’s approval of Xxxxxx’s plans shall be done in no event relieve a good workmanlike manner. Tenant of the responsibility for such design. Landlord shall have no liability obligation to remove the alterations or responsibility for any claimto restore the demised premises to their original condition at the termination of the Lease, injury or damage alleged to have been caused unless the same may be required by the particular materialsLandlord, whether building standard or non-building standardat its option, appliances or equipment selected by Tenant in connection with any work performed its required consent as set forth under this Article 19, to be obtained by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigeratorsTenant. Any such Alterations alterations or improvements done by Tenant as permitted hereunder shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designatecompliance with all applicable governmental laws, rules, or regulations pertaining thereto, and Tenant shall pay indemnify, defend and save harmless Landlord an oversight fee equal from damage or liability occasioned by Tenant's alterations or improvements. Any consent required by Landlord under this Article 19 shall be deemed to three percent have been given if Landlord shall fail to respond to Tenant's request within fifteen (3%15) days after receipt of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior 's written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premisesrequest.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, a. Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight feeat its own expense, to make interior nonstructural Alterations costing such non- structural alterations and changes in and to the Premises as it shall deem expedient or necessary for its purposes provided it has first obtained the consent thereto of Landlord in writing, Landlord agreeing that it shall not more than Seventy-Five Thousand withhold such consent unreasonably. All such work shall be done in good and 00/100 Dollars ($75,000.00) workmanlike manner, and in each instance, provided however that:
(a) accordance with all applicable laws and shall be performed only by Landlord approved contractors under the supervision of the Landlord. Landlord shall execute and deliver upon request of Tenant shall give prior written notice to such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi- public authority for the purpose of obtaining any license or permit for the making of such Alterations;
(b) alterations or changes in, to or upon said Premises, Tenant shall submit agreeing to Landlord plans pay for and procure such Alterations if license or permit. Tenant utilizes plans for such Alterations; and
(c) such Alterations shall will not materially affect make or permit anyone to make any alterations, improvements or additions in or to the Premises, or install any equipment of the Building’s systemsany kind that will require any alteration or addition to, or the ceiling use of, the water, heating, air conditioning or electrical or other building systems or equipment. If any such alterations or improvements are made, without such consent, the Landlord may correct or remove them and the Tenant shall be liable for any and all expense incurred by the Landlord in the performance of this work. Any such alterations, additions or improvements to the Premises which are made with the Landlord's prior written consent shall immediately become the property of the Landlord and shall remain upon and be surrendered with the Premises as part thereof at the end of the term. At the time approved Landlord shall notify Tenant of Landlord's requirement to remove all or any part of such alterations, additions or improvements, and in such event the Tenant shall promptly remove the same at its expense and shall repair all damage to the premises caused by such removal.
b. Tenant shall not permit any mechanics' or materialmen's liens to be filed against the fee of the real property of which the Premises form a part nor against the Tenant's leasehold Interest in the Premises. The Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notice which it deems necessary for protection from such liens. If any such liens are so filed, the Landlord, at its election may pay and satisfy the same and in such event the sums so paid by the Landlord, with maximum permissible interest from the date of payment, but not to exceed twelve percent (12%) per annum, shall be deemed to be additional rent due and payable by the Tenant upon receipt of notice by Tenant.
c. Tenant shall provide and maintain any fire extinguishers which may be required within tenant's premises.
Appears in 1 contract
Samples: Lease (Iwo Holdings Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Demised Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by LandlordLandlord (including without limitation those contractors identified in Exhibit D attached hereto and made a part hereof). No installations or other such work shall be undertaken or begun by Tenant until: (i) until Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlordtherefor; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations alterations, decorations, installations, removals, additions and improvements shall be done at Tenant’s the sole expense of Tenant and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant . Any consent or approval required under this Article shall pay Landlord an oversight fee equal to three percent (3%) not be unreasonably withheld or delayed in the case of any proposed work of a non-structural nature which does not affect the common areas or facilities of the hard costs Property. Pursuant to the foregoing provisions, but subject to the receipt of any such workreasonably acceptable engineering data, Landlord hereby consents to the work described in the plans and specifications referenced in Exhibit E attached hereto and made a part hereof (hereinafter referred to as “Tenant’s Initial Work”). If Tenant shall make any Alterationsalterations, decorations, installations, removals, additions or improvements, then Landlord may elect elect, at the time of consenting thereto, to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Demised Premises to substantially the same condition as existed at the Term Commencement Date. If Tenant so requests in writing at the time Landlord acknowledges that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make Landlord has not made such election at the time that Landlord approves with respect to any portion of Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining LandlordInitial Work other than Tenant’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the PremisesRemovable Property.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give have the right during the continuance of this Sublease Agreement to make such alterations, changes and improvements to the Leased Space as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Leased Space. Tenant shall not make any structural change in the Leased Space without first having obtained Lessor's written consent thereto, without limitation Lessor may condition any such consent by reserving the right to require the Leased Space to be restored to the same condition they were in prior written notice to Landlord the making of any such structural change. Tenant shall pay all costs and expenses of such Alterations;alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Lessor and the Owner, in form satisfactory to each of them, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Lessor and the Owner against any mechanic's liens or other liens or claims in connection with the making of such alterations, changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Leased Space by Tenant and paid for by Tenant shall submit to Landlord plans for such Alterations if remain the property of Tenant utilizes plans for such Alterations; and
(c) such Alterations and shall not materially affect be removed by Tenant upon the termination of this Sublease Agreement provided that any of such as are affixed to the Building’s systemsLeased Space and require severance shall be removed at Tenant's cost, or the ceiling of the Premisesand Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Samples: Sublease Agreement (Spire Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give have the right during the continuance of this Lease Agreement to make such non-structural alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises, alterations or additions to the exterior of the Premises (unless such alterations or additions are cosmetic in nature), or penetrations of the roof (except in connection with the re-installation of Tenant's equipment pursuant to Section 6(b) hereof, without first having obtained Landlord's written consent thereto, which consent may be withheld in Landlord's sole discretion. Without limitation, Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior written to the making of any such structural or exterior change. Tenant shall pay all costs and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed, Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 9. Upon completion of any non-cosmetic alterations, Tenant shall provide Landlord an "As Built" plan of the Premises showing such alterations in reasonable detail. With respect to any non-cosmetic alteration, change or improvement performed by Tenant, after the date hereof, Tenant will restore the Premises to the condition which existed prior to the making of alterations, changes or improvements, at the expiration or earlier termination of the Term, unless Landlord has failed to request such restoration at the time Landlord's consent is granted, if such consent is required, or by notice to Tenant that Landlord shall waive its rights to require such restoration, in which event Tenant shall have no obligation to restore the Premises. Such waiver by Landlord may be in whole or in part, and if in part, subject to the preceding sentence, Tenant shall restore to the extent such obligation is not waived by Landlord. Any cabling or wiring installed in the Premises shall be removed by Tenant at the end of such Alterations;the Term if and to the extent so requested by Landlord.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant (whether before or during the Term) and paid for by Tenant shall submit to Landlord plans for such Alterations remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of same are affixed to the Premises, Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Samples: Lease Agreement (Spire Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give have the -------------------------------------- right during the continuance of this Lease Agreement to make such alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior written notice to Landlord the making of any such structural change. Tenant shall pay all cost and expenses of such Alterations;alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed. Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall submit to Landlord plans for such Alterations if remain the property of Tenant utilizes plans for such Alterations; and
(c) such Alterations and shall not materially affect be removed by Tenant upon the termination of this Lease Agreement provided that any of such as are affixed to the Building’s systemsPremises and require severance shall be removed at Tenant's cost, or the ceiling of the Premisesand Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has reasonably approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00), Tenant has procured appropriate surety payment and performance bonds. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld, conditioned or delayed. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of the performance of any such work. If Tenant shall make any Alterations, then Landlord may elect in writing at the time that Landlord approves Tenant’s plans for any such Alterations to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Delivery Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves TenantXxxxxx’s plans for any such Alterations. Tenant shall pay, as an additional charge, the entire increase in real estate taxes on the Building which shall, at any time prior to or after the Commencement Date, result from or be attributable to any Alterations by or for the account of Tenant in excess of those commonly found in offices in Cambridge, Massachusetts. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight feeconsent, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance), provided however that:
(ai) Tenant shall give prior written notice to Landlord of such Alterations;
(bii) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(ciii) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Except as specifically set forth in this Article 12, Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such workwork (which approval shall not be unreasonably withheld, delayed or conditioned); and (ii) with respect to any Alterations in excess of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00), Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) with respect to any Alterations in excess of One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00), Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00)bonds. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. XxxxxxxxLandlord’s consent and approval required under this Article 12 shall not be unreasonably withheld. XxxxxxxxLandlord’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of XxxxxxTenant’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of XxxxxxTenant’s plans shall in no event relieve Tenant of the responsibility for such design. Except to the extent expressly due to Landlord’s or its agents negligence or willful misconduct, Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three two percent (32%) of the hard costs (e.g., labor, materials and general conditions, but specifically excluding architectural fees, engineering fees and permit fees) of the cost of the performance of any such work; provided, however, that such oversight fee shall not apply to any Cosmetic Alterations performed by Tenant in the Premises. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx Landlord agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Tenant shall pay, as an additional charge, the entire increase in real estate taxes on the Building which shall, at any time prior to or after the Commencement Date, result from or be attributable to any Alterations by or for the account of Tenant in excess of those commonly found in offices in the Reston, Virginia market area. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight feeconsent, to make interior nonstructural Alterations alterations, additions, or improvements costing not more than Seventy-Five Two Hundred Thousand and 00/100 Dollars ($75,000.00) in each instance200,000.00), provided however that:
(ai) Tenant shall give prior written notice to Landlord of such Alterationsalterations, additions or improvements;
(bii) Tenant shall submit to Landlord plans for such Alterations alterations, additions or improvements if Tenant utilizes plans for such Alterationsalterations, additions or improvements; and
(ciii) such Alterations alterations, additions or improvements shall not materially materially, adversely affect any of the Building’s systems, or the ceiling of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent Premises, the Building or elsewhere on the Property, nor permit any holes to be drilled or made in or on the Premises, the Building or elsewhere on the Property except in each instance in such place and then only those that are made manner and by contractors or mechanics all as shall first have been approved in advance and in writing by Landlord. No such installations or other work shall be undertaken or begun by Tenant until: (i) until Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlordtherefor; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations alteration, decoration, installation, removal, addition and improvement shall be done at Tenant’s the sole expense of Tenant and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterationsalterations, decorations, installations, removals, additions or improvements, then Landlord may elect to require Tenant Tenant, at the Tenant's expense, at the expiration or sooner termination of the Term of this Lease Lease, to restore the Premises Premises, the Building and the Property (as the case may be) to substantially the same condition as existed at the Term Commencement Date. If If, prior to the installation of such items and as part of Tenant's request for Landlord's approval of such items, Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any indicate whether and how Tenant will be required to restore the Premises or other portion of the Property, Landlord shall respond to Tenant in writing and Landlord shall only be able to require Tenant to perform the restoration described in such AlterationsLandlord response. Notwithstanding anything to the contrary herein containedcontained in this Section, during the Term of the Lease Tenant may, without the prior approval of Landlord, perform interior non-structural alterations, provided that (1) the total cost of all such alterations in the aggregate does not exceed $25,000 in any twelve month period and (2) in advance of any such alterations (and in the instance of any change in information previously provided to Landlord, if and to the extent applicable), Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
provides Landlord with (a) Tenant shall give prior written notice to Landlord of such Alterations;
construction drawings stamped by a registered architect and showing the proposed alterations, (b) a certification stating the cost of the proposed alterations and signed by an officer of the entity constituting Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
and (c) such Alterations shall not materially affect any a building permit for the proposed alteration issued by the City of Waltham. Subject to all applicable terms and conditions of the Building’s systemsLease (including, without limitation, Landlord's advance approval of plans and drawings, etc.), Landlord agrees in concept that the existing monument sign identifying the tenants and the Building from Fourth Avenue may be modified, relocated or replaced (by Tenant, at Tenant's expense) and a new sign may be installed on the ceiling of Building (by Tenant, at Tenant's expense). Tenant acknowledges and agrees that Landlord's agreement in concept as described in this paragraph is subject to (among other things) applicable laws and zoning ordinances. Under no circumstances shall Landlord be deemed to be in default under the PremisesLease if those things to which Landlord has agreed in concept are not permitted under applicable law or zoning ordinances or otherwise.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements (collectively, "Alterations") in or to the Premises (“Alterations”) premises without Landlord’s 's prior written consent and then only those that are (i) which equal or exceed the specifications and quantities provided in Exhibit 3, and (ii) made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) if the cost of such work exceeds $25,000.00 Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00)bonds. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s Landlord's consent and approval required under this Article 12 shall not be unreasonably withheld, conditioned or delayed. Xxxxxxxx’s Landlord agrees to review and respond to Tenant's request for consent to any alterations, additions or improvements within ten (10) business days of Tenant's request for consent. If Landlord does not consent to the same, it shall specify in writing the reasons for withholding such consent. Landlord's approval is solely given for the benefit of Landlord, Landlord and neither Tenant nor any third party shall have the right to rely upon Landlord’s 's approval of Xxxxxx’s Tenant's plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s 's plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises premises and the placement of Tenant’s furniture's Furniture, appliances and equipment), and Landlord’s 's approval of Xxxxxx’s Tenant's plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building non- building, standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s 's sole expense and at such times and in such manner as Landlord reasonably may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, Alterations then Landlord may elect to require the Tenant at the expiration or sooner termination of the Term term of this Lease to restore the Premises premises to substantially the same condition as existed at the Term Commencement Date, but Landlord shall not require Tenant to remove the initial improvements shown on Exhibit 10 (if attached hereto), and Landlord hereby consents to the installation of the same. If Tenant so requests in writing writing, at the time that Xxxxxx requests Xxxxxxxx’s approval of Tenant gives Landlord its written request for Landlord's consent to any such Alterations, Xxxxxxxx agrees to Landlord shall make such election at the time that Landlord approves Tenant’s plans gives its written consent to such Alteration. Tenant shall pay, as an additional charge, the entire increase in real estate taxes on the Building which shall, at any time prior to or after the Term Commencement Date, result from or be attributable to any Alteration to the premises made by or for any such Alterationsthe account of Tenant in excess of the specifications and quantities provided in Exhibit 3. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee's consent, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instancealterations, additions, or improvements, provided however thatthat Tenant:
(ai) Tenant shall give prior written notice to Landlord of any such Alterationsalterations, additions or improvements (other than decorative work);
(bii) Tenant shall submit to Landlord plans for such Alterations alterations, additions or improvements if Tenant utilizes plans for such Alterations; alterations, additions or improvements, and
(ciii) that such Alterations alterations, additions or improvements shall not materially materially, adversely affect any of the Building’s 's systems, or the ceiling of the Premisespremises.
Appears in 1 contract
Samples: Lease Agreement (Edocs Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions structural changes to the Premises or improvements in the Building (or to the mechanical or building systems of the Building) and shall make no changes of any kind respecting the Premises (“Alterations”) or the Building which are visible from the exterior of the Premises without Landlord’s 's prior written consent consent, to be granted or withheld in Landlord's sole discretion. Any other nonstructural changes or other alterations, additions, or improvements to the Premises, except for cosmetic, non-structural alterations, such as painting, carpeting and then only those that are wallpapering, costing less than $55,000.00 per alteration or series of related alterations, which shall require advance written notice to Landlord (but shall not require Landlord's prior consent), shall be made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds only with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s , which consent and approval required under this Article 12 shall not be unreasonably withheldwithheld or delayed. Xxxxxxxx’s approval is solely given for All alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant's trade fixtures as described in the benefit paragraph entitled "Trade Fixtures and Equipment" below) made by, for, or at the direction of Tenant shall, when made, become the property of Landlord, at Landlord's sole election and neither Tenant nor any third party shall have shall, unless otherwise specified by Landlord at the right to rely time Landlord gives its consent thereto, remain upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner earlier termination of this Lease. Notwithstanding anything contained herein to the contrary, all alterations and improvements undertaken by Tenant shall be consistent with the then-existing quality and color scheme (where appropriate), of the balance of the Building and, in any event, Landlord may withhold its consent to any proposed alteration or improvement by Tenant unless Tenant agrees to remove said improvement at the end of the Term of this Lease to and/or restore the Premises to substantially the same condition as in which it existed at prior to the Commencement Dateundertaking of the proposed alteration or improvement. If Further, all alterations and improvements to the Premises, other than the Tenant so requests in writing at Improvements (which shall be governed by the time that Xxxxxx requests Xxxxxxxx’s approval terms of such AlterationsSection 3(c) herein), Xxxxxxxx whether undertaken by Tenant or Landlord shall be subject to a fee (the "Construction Management Fee"). Landlord agrees to make provide all such election at services as are customary and appropriate for a construction manager and Tenant agrees to pay Landlord the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however thatConstruction Management Fee as follows:
(a) Tenant shall give prior written notice to Landlord Five percent (5%) of the total cost of planning and constructing any alterations and improvements if such Alterations;construction costs exceed Ten Thousand and No/100 Dollars ($10,000.00); and
(b) Ten percent (10%) of the total cost of planning and constructing any alterations and improvements if such construction costs are less than Ten Thousand and No/100 Dollars ($10,000.00). Except as otherwise provided herein, Tenant agrees to pay Landlord the Construction Management Fee within thirty (30) days after receipt of Landlord's invoice therefor. If Landlord does not provide construction management services there shall submit to be no Construction Management Fee and Tenant will only be responsible for reimbursing Landlord for reasonable out-of-pocket costs incurred by Landlord in connection with Landlord's construction manager's review of Tenant's plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premisesalterations and improvements.
Appears in 1 contract
Samples: Lease Agreement (Oni Systems Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterationsstructural or mechanical alterations in the premises and shall perform no construction, decorationswithout Landlord's prior written consent, installationswhich consent shall not be unreasonably withheld or delayed. Notwithstanding anything to the contrary herein contained, removalsTenant shall have the right, without obtaining Landlord's consent, to decorate the premises (i.e., carpeting, painting, wallpapering and similar surface treatments) upon prior notice to Landlord. All contractors and mechanics doing any work in the premises, including decoration, must be reasonably acceptable to Landlord. Except in the case of structural alterations and alterations of the mechanical system (other than the relocation of convectors and their appurtenant ducts in small areas), Landlord shall not impose any supervision charge on Tenant or its contractors and mechanics. Any such work, decoration, additions or and improvements shall be done at Tenant's sole cost and expense and at such times and in or such manner as Landlord may reasonably designate. Tenant's contractors and mechanics will be given reasonable access to the Premises (“Alterations”) without Landlord’s prior written consent service elevator to bring materials to and then only those that are made by contractors or mechanics approved by Landlordfrom the premises. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such worktherefor; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s Landlord's consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given Tenant shall pay, as an additional charge, the entire increase in real estate taxes on the Unit which shall, at any time prior to or after the Term Commencement Date, result from or be attributable to any alteration, addition or improvement to the premises made by or for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf account of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) excess of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests specifications and quantities provided in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the PremisesExhibit 3.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall make no structural changes respecting the Premises or the Building and shall make no changes of any kind respecting the Premises or the Building that are visible from the exterior of the Premises or the Building, without Landlord’s approval, which shall not be unreasonably withheld. Any interior nonstructural changes or other alterations, decorationsadditions, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are costing in excess of $20,000 in any single instance shall be made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds only with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s , which consent and approval required under this Article 12 shall not be unreasonably withheldwithheld or delayed. Xxxxxxxx’s approval is solely given for the benefit of Prior to any such consent by Landlord, Tenant shall submit to Landlord reasonably detailed plans and neither specifications covering the proposed work. If Landlord notifies Tenant nor of any third party shall have objections to the right proposed alterations, Tenant must (i) revise the plans and specifications to rely upon the extent reasonably necessary to secure the Landlord’s approval of Xxxxxxand (ii) submit such revised plans and specifications for Landlord’s approval. Tenant shall thereafter have the alterations performed in accordance with the approved plans for any purpose whatsoeverand specifications. Without limiting the foregoingAfter completion, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged deliver to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) “as-built” set of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;specifications.
(b) Tenant shall submit not permit any lien or claim of lien against the Premises to exist or come into being as a result of any construction work performed on behalf of or at the direction of Tenant at the Premises and Tenant shall bond off or release of record any lien within thirty (30) days of being filed against the Premises. Tenant is not Landlord’s agent or nominee in connection with any construction activities performed by or for Tenant on the Premises and Landlord shall not be liable for the contracts or liabilities of Tenant. Tenant agrees that any damage to the Premises caused by Tenant’s construction work shall be repaired at Tenant’s sole cost and expense. No later than thirty (30) days after completion of any work in the Premises by Tenant (including, but not limited to, the addition of equipment, cables or any material that must be inspected), Tenant shall provide to Landlord (i) an affidavit from the general contractor performing the work that same has been substantially completed in accordance with the approved plans and specifications and that all mechanics and materialmen in connection therewith have been paid in full; (ii) a waiver of lien with respect to such construction work executed by the general contractor and each subcontractor, except as to any contractor for which Tenant has obtained a bond to pay any claims by such Alterations persons; and (iii) a certificate of occupancy from the applicable governmental authorities, if required, evidencing completion of such work in accordance all applicable laws, codes and ordinances. In the event a certificate of occupancy cannot be obtained for the Premises due to any action or inaction by Tenant, Tenant utilizes plans for such Alterations; andshall be in default hereunder and must immediately comply with any and all requirements to obtain a certificate of occupancy.
(c) such Alterations shall not materially affect any of All alterations, additions or improvements (collectively, “Alterations”), including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s trade fixtures as described in the Building’s systemsparagraph entitled “Trade Fixtures and Equipment” below) made by, for, or at the ceiling direction of Tenant shall, at the Premisesexpiration or earlier termination of this Lease, become the property of Landlord, , and shall remain upon the Premises at the expiration or earlier termination of this Lease, provided, however, that Tenant shall have the right (but not the obligation) to remove all Alterations and other items in the Premises or the Building (such as chillers and generators), except that Tenant shall be obligated to remove those Alterations which Landlord designates in writing for removal at the time Landlord grants its consent to such Alterations. Tenant shall repair any damage caused to the Premises by said removal of Alterations.
Appears in 1 contract
Samples: Lease Agreement (Shutterfly Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. 12.1 Tenant shall make no alterations, decorations, installations, removals, additions or improvements (collectively, "ALTERATIONS") in or to the Premises (“Alterations”other than Tenant's Work which shall be governed by the provisions of Article 4 above) without Landlord’s 's prior written consent and then only those that are made by contractors or mechanics approved by Landlord. Notwithstanding the foregoing, but provided that no HVAC system serving any portion of the Building is adversely affected, Tenant may make non-structural Alterations costing less than $20,000 in any one instance ("PERMITTED ALTERATIONS") without Landlord's prior written consent but subject to the provisions of this Lease including without limitation Article 13 below. No installations or work Alterations other than Permitted Alterations shall be undertaken or begun by Tenant until: (i) until Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s Landlord's consent and approval required under this Article 12 shall not be unreasonably withheld, conditioned or delayed, except for matters of aesthetics relating to Alterations to or affecting the Rooftop Premises and/or the exterior of the Building, which shall be determined in Landlord's sole discretion. Xxxxxxxx’s Landlord's approval is solely given for the benefit of Landlord, Landlord and neither Tenant nor any third party shall have the right to rely upon Landlord’s 's approval of Xxxxxx’s Tenant's plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s 's plans (including, without limitation, compliance with lawLegal Requirements, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s 's furniture, appliances and equipment), and Landlord’s 's approval of Xxxxxx’s Tenant's plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, materials (whether building standard or non-building standard), appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigeratorsPremises. Any such Alterations shall be done at Tenant’s 's sole cost and expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations to the Premises other than the Permitted Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease term hereof to restore the Premises to substantially the same condition as existed at immediately prior to the Commencement DateAlteration. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such AlterationsUpon Tenant's request, Xxxxxxxx Landlord agrees to make such election at the TOLERRX LEASE / BUILDING 300 / EXECUTION VERSION time that Landlord approves Tenant’s 's plans for any such Alterations. Notwithstanding anything Tenant shall provide Landlord with reproducible record drawings of all Alterations within sixty (60) days after completion thereof.
12.2 Tenant shall pay to Landlord, as additional rent, within ten (10) days after demand therefor, any costs or expenses incurred by Landlord (which shall be reasonably based on Tenant's usage) for the use of elevators (including without limitation the Freight Elevator) and/or hoisting in connection with the performance of any Alterations. Landlord and Tenant recognize that to the contrary herein containedextent Tenant elects to perform some or all of the Alterations during times other than normal construction hours, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, Landlord will need to make interior nonstructural Alterations costing not more than Seventy-Five Thousand arrangements to have supervisory personnel on site. Accordingly, Landlord and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant agree as follows: Tenant shall give prior written Landlord at least forty-eight (48) hours' notice of any time outside of normal construction hours when Tenant intends to Landlord perform portions of such the Alterations;
(b) . Tenant shall submit to Landlord plans reimburse Landlord, within thirty (30) days after demand therefor, for the cost of Landlord's supervisory personnel overseeing such Alterations after hours work. In addition, if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any construction during the normal construction hours unreasonably disturbs other tenants of the Building’s systems, Building or the ceiling Condominium, in Landlord's sole discretion, Landlord may require Tenant to stop the performance of the PremisesAlterations during normal construction hours and to perform the same after hours, subject to the foregoing requirement to pay for the cost of Landlord's supervisory personnel.
Appears in 1 contract
Samples: Lease Agreement (Tolerrx Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give have the right during the continuance of this Lease Agreement to make such non-structural alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises, alterations or additions to the exterior of the Premises (unless such alterations or additions are cosmetic in nature), or penetrations of the roof (except in connection with the re-installation of Tenant's equipment pursuant to Exhibit B hereof ), without first having obtained Landlord's written consent thereto, which consent may be withheld in Landlord's sole discretion. Without limitation, Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior written to the making of any such structural or exterior change. Tenant shall pay all costs and expenses of such alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed, Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 9. Upon completion of any non-cosmetic alterations, Tenant shall provide Landlord an "As Built" plan of the Premises showing such alterations in reasonable detail. With respect to any non-cosmetic alteration, change or improvement performed by Tenant after the date hereof, Tenant will restore the Premises to the condition which existed prior to the making of alterations, changes or improvements, at the expiration or earlier termination of the Term, unless Landlord has failed to request such restoration at the time Landlord's consent is granted, if such consent is required, or by notice to Tenant that Landlord shall waive its rights to require such restoration, in which event Tenant shall have no obligation to restore the Premises. Such waiver by Landlord may be in whole or in part, and if in part, subject to the preceding sentence, Tenant shall restore to the extent such obligation is not waived by Landlord. Any cabling or wiring installed in the Premises shall be removed by Tenant at the end of such Alterations;the Term if and to the extent so requested by Landlord.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant (whether before or during the Term) and paid for by Tenant shall submit to Landlord plans for such Alterations remain the property of Tenant and shall be removed by Tenant upon the termination of this Lease Agreement provided that if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of same are affixed to the Premises, Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Samples: Lease Agreement (Spire Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall not make no any alterations, decorationsadditions, installations, removals, additions or improvements in or to the Leased Premises (“"Alterations”") without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall Landlord which will not be unreasonably withheld, conditioned or delayed. Xxxxxxxx’s All Alterations consented to by Landlord and performed at the direction of Tenant shall be subject to requirements contained in this Lease and any other reasonable conditions imposed by Landlord, including, but not limited to, Landlord approval is solely given of all contractors and subcontractors, the guarantee of Tenant's obligation to pay for such Alterations, and the rights of other tenants of the Complex. Prior to the beginning of any construction on the Leased Premises, Tenant expressly agrees (a) to submit all plans, blueprints or other specifications, including but not limited to, interior decorating schemes, for the benefit construction of Landlordimprovements on the Leased Premises to Landlord for approval, and neither Tenant nor any third party shall have Landlord expressly reserving the right to rely upon review, modify or reject any proposed improvement or plan for construction; and (b) to obtain and deliver to Landlord such security against mechanic's liens as Landlord shall reasonably request. Regardless of whether Landlord’s approval ' consent is required or obtained hereunder: (i) all Alterations shall be made in accordance with applicable laws, codes and insurance guidelines, and shall be performed in a good and workmanlike manner, (ii) if the construction or installation of Xxxxxx’s plans for Tenant's alterations or fixtures causes any purpose whatsoever. Without limiting the foregoinglabor disturbance, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment)immediately take any action necessary to end such labor disturbance, and Landlord’s approval of Xxxxxx’s (iii) Tenant shall furnish to Landlord as-built plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner format as Landlord may from time to time reasonably designaterequire. All Alterations made by Tenant or at its direction, and Tenant shall pay shall, at Landlord's option, become the property of Landlord an oversight fee equal to three percent (3%) at the expiration or termination of this Lease. Landlord reserves the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect express right to require Tenant at the expiration or sooner termination of the Term of this Lease to restore remove any Alterations made to the Leased Premises and to require Tenant to repair and return the Leased Premises to substantially its original condition existing on the same condition as existed at day prior to the Commencement Dateexecution of this Lease. If Tenant so requests fails to return the Leased Premises to its original condition upon request by Landlord, Landlord may collect from Tenant an amount equal to the costs necessary to return the Leased Premises to its original condition, including but not limited to a reasonable charge for Landlord's overhead. In any event, Landlord may in writing its sole discretion remove any Alterations at the time that Xxxxxx requests Xxxxxxxx’s approval expiration or termination of this Lease and Tenant hereby agrees to pay Landlord for the cost thereof including but not limited to a charge for Landlord's overhead. All trade fixtures, movable equipment, or furniture owned by Tenant and installed on or in the Leased Premises by Tenant shall be removed by Tenant upon termination of this Lease at Tenant's sole cost and expense. Any such trade fixture not removed at or prior to the termination of this Lease shall become the property of Landlord and may be disposed of as Landlord's determines, and Tenant agrees to pay immediately upon demand all costs and expenses of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterationsdisposition. Notwithstanding anything set forth herein above, Tenant may, without notice to Landlord and without having to furnish to Landlord any as built plans as is contemplated hereinabove, make interior alterations or improvements to the contrary herein containedLeased Premises of a strictly aesthetic or cosmetic nature or minor non-structural, interior alterations or improvements which cost less than $5,000.00, provided such changes do not encompass electrical, mechanical, plumbing or structural work. Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, further right to make non-structural interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars alterations, improvements or additions to the Leased Premises without Landlord's consent ($75,000.00) in each instance, provided however that:
(a) Tenant shall give but only upon prior written notice to Landlord describing with reasonable detail the work to be performed) if the cost of such Alterations;
(b) Tenant shall submit to Landlord plans for work is less than $10,000.00, provided that such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall changes do not materially affect any of the Building’s systemsencompass electrical, mechanical, plumbing or the ceiling of the Premisesstructural work.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to structural changes respecting the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made Building without the prior written consent of Landlord. Xxxxxxxx’s , which consent and approval required under this Article 12 shall not be unreasonably withheld, conditioned or delayed. Xxxxxxxx’s approval is solely given for Any interior or exterior nonstructural changes or other alterations, additions, or improvements to the benefit of Landlord, and neither Tenant nor any third party shall have Premises or the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant Building shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed made by or on behalf of Tenant in only with the Premises includingprior written consent of Landlord, without limitationwhich consent Landlord shall not unreasonably withhold, furniturecondition, carpetingor delay. Prior to any such consent by Landlord, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay submit to Landlord an oversight fee equal to three percent (3%) of reasonably detailed plans and specifications covering the hard costs of any such proposed work. If Landlord notifies Tenant shall make of any Alterationsobjections to the proposed alterations, then Landlord may elect Tenant must (i) revise the plans and specifications to require Tenant at the expiration or sooner termination of extent reasonably necessary to secure the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests XxxxxxxxLandlord’s approval and (ii) submit such revised plans and specifications for Landlord’s approval. Prior to commencement of such Alterations, Xxxxxxxx agrees to make such election at any alterations or improvements on the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein containedPremises, Tenant shall provide Landlord with evidence of insurance reasonably satisfactory to landlord. Tenant shall thereafter have the right, without obtaining Landlord’s consent alterations performed in accordance with the approved plans and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;specifications.
(b) Tenant agrees that any damage to the Premises caused by Tenant’s construction work shall submit be repaired at Tenant’s sole cost and expense. No later than thirty (30) days after completion of any construction work by Tenant hereunder, Tenant shall provide to Landlord (i) an affidavit from the general contractor performing the work that same has been substantially completed in accordance with the approved plans and specifications and that all mechanics and materialmen engaged by the general contractor in connection therewith have been paid in full; (ii) a waiver of liens with respect to such construction work executed by the general contractor and any other contractor with whom Tenant has directly contracted, except as to any contractor for which Tenant has obtained a bond to pay any claims by such Alterations if Tenant utilizes plans persons; and (iii) a certificate of occupancy for such Alterations; andthe Premises from the applicable governmental authorities.
(c) Landlord shall notify Tenant at the time Tenant obtains Landlord’s approval for any alterations, additions or improvements, including without limitation any partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s trade fixtures as described in Paragraph 11 herein) to be made by, for, or at the direction of Tenant whether Landlord shall require Tenant to remove the same at the expiration or earlier termination of this Lease. All alterations, additional or improvements that Landlord does not require to be removed at the expiration or earlier termination of this Lease shall, when made, become the property of Landlord and shall remain upon the Premises at the expiration or earlier termination of this Lease.
(d) Tenant shall make the following items of repair/maintenance to the Premises within six (6) months of the Lease Date: (i) repair or replace the areas of the carpet that are wrinkled, bubbled up or overlapping; (ii) repair the outside concrete stairs that are worn, cracked or damaged; (iii) repair or replace floor tiles in the IT room that are lifting, worn, cracked or in need of replacement; and (iv) remove or replace the electrical panel box in the electrical room that is blown or has black marks on exterior. Tenant shall provide Landlord with evidence that the above items have been repaired or replaced within the time period set forth above. In the event Tenant fails to provide such Alterations evidence, then Landlord may, but shall not materially affect any be obligated to, perform such repairs and/or replacements and charge the cost thereof, plus an administrative fee in the amount of fifteen percent (15%) of the Building’s systemscost thereof, or to Tenant as additional Rent, which amount shall be due and payable to Landlord with the ceiling next installment of the PremisesRent due hereunder.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Demised Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No such installations or other work shall be undertaken or begun by Tenant until: (i) until Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlordtherefor; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and Such approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for withheld provided such installations or work are non-structural, do not affect the benefit exterior of Landlordthe Building, and neither Tenant nor any third party shall have do not interfere with or impair utilities and systems in the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoeverBuilding. Without limiting Notwithstanding the foregoing, Tenant Landlord’s consent shall not be responsible required for any alteration, addition or improvement that either (a) costs leas than Twenty-Five Thousand Dollars ($25,000.00) or (b) satisfies all elements of the design following criteria: (i) is of Tenant’s plans a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting, (including, without limitation, compliance with law, functionality of design, ii) is not visible from the structural integrity of the design, the configuration exterior of the Premises and the placement of Tenant’s furniture, appliances and equipment)or Building, and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant (iii) will not affect the systems or structure of the responsibility Building, provided, however, in any such instance Tenant provides plans and specifications for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigeratorsnot less than ten (10) days before commencing such work. Any such Alterations alterations, decorations, installations, removals, additions and improvements shall be done at Tenant’s the sole expense of Tenant and at such times and in such manner as Landlord may from time to time reasonably designate. Subject to the terms of Section 9 herein, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If if Tenant shall make any Alterationsalterations, decorations, installations, removals, additions or improvements, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Demised Premises to substantially the same condition as existed at the Term Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premises.
Appears in 1 contract
Samples: Sublease (Fluidigm Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give have the right during the continuance of this Extension of Lease Agreement to make such alterations, changes and improvements to the Premises as may be proper and necessary for the conduct of Tenant's business and for the full beneficial use of the Premises. Tenant shall not make any structural change in the Premises without first having obtained Landlord's written consent thereto, without limitation Landlord may condition any such consent by reserving the right to require the Premises to be restored to the same condition they were in prior written notice to Landlord the making of any such structural change. Tenant shall pay all costs and expenses of such Alterations;alterations, changes, and improvements, shall make the same in a good and workmanlike manner, and in accordance with all applicable laws, codes, and building regulations, and shall, prior to the making of such alterations, changes, and improvements, assure Landlord, in form satisfactory to Landlord, that payment for the same will be made by Tenant. Tenant hereby completely and fully indemnifies Landlord against any Mechanic's Liens or other liens or claims in connection with the making of such alterations, changes, and improvements. Any liens arising out of such alterations, changes, and improvements shall be discharged of record by Tenant within thirty (30) days after the same have been filed, Tenant shall pay any and all taxes relating to its personal property, business, or improvements and alterations constructed as provided in this Section 11.
(b) Except as otherwise provided, all signs, furnishings, trade fixtures and other removable equipment installed in the Premises by Tenant and paid for by Tenant shall submit to Landlord plans for such Alterations if remain, the property of Tenant utilizes plans for such Alterations; and
(c) such Alterations and shall not materially affect be removed by Tenant upon the termination of this Extension of Lease Agreement provided that any of such as are affixed to the Building’s systemsPremises and require severance shall be removed at Tenant's cost, or the ceiling of the Premisesand Tenant shall immediately repair any damage caused by such removal.
Appears in 1 contract
Samples: Lease Agreement (Spire Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Demised Premises (“Alterations”) without Landlord’s 's prior written consent and then only those that are made by contractors or mechanics approved by LandlordLandlord (including without limitation those contractors identified in Exhibit D attached hereto and made a part hereof). No installations or other such work shall be undertaken or begun by Tenant until: (i) until Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlordtherefor; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No no amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations alterations, decorations, installations, removals, additions and improvements shall be done at Tenant’s the sole expense of Tenant and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant . Any consent or approval required under this Article shall pay Landlord an oversight fee equal to three percent (3%) not be unreasonably withheld or delayed in the case of any proposed work of a non-structural nature which does not affect the common areas or facilities of the hard costs Property. Pursuant to the foregoing provisions, but subject to the receipt of any such workreasonably acceptable engineering data, Landlord hereby consents to the work described in the plans and specifications referenced in Exhibit E attached hereto and made a part hereof (hereinafter referred to as "Tenant's Initial Work"). If Tenant shall make any Alterationsalterations, decorations, installations, removals, additions or improvements, then Landlord may elect elect, at the time of consenting thereto, to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Demised Premises to substantially the same condition as existed at the Term Commencement Date. If Tenant so requests in writing at the time Landlord acknowledges that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make Landlord has not made such election at the time that Landlord approves with respect to any portion of Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more 's Initial Work other than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the PremisesTenant's Removable Property.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions structural changes to the Premises or improvements in the Building (or to the mechanical or building systems of the Building) and shall make no changes of any kind respecting the Premises (“Alterations”) or the Building which are visible from the exterior of the Premises without Landlord’s prior written consent and then only those that are consent, to be granted or withheld in Landlord’s sole discretion. Any other nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds only with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s , which consent and approval required under this Article 12 shall not be unreasonably withheldwithheld or delayed. XxxxxxxxAll alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s approval is solely given for trade fixtures as described in the benefit paragraph entitled “Trade Fixtures and Equipment” below) made by, for, or at the direction of Tenant shall, when made, become the property of Landlord, at Landlord’s sole election and neither Tenant nor any third party shall have shall, unless otherwise specified by Landlord at the right to rely upon time of Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of same or Tenant’s plans (includinginstallation of same, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of remain upon the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner earlier termination of this Lease. Notwithstanding anything contained herein to the contrary, all alterations and improvements undertaken by Tenant shall be consistent with the then-existing quality, color scheme (where appropriate), general aesthetic appearance and tenor of the balance of the Building and, in any event, Landlord may withhold its consent to any proposed alteration or improvement by Tenant unless Tenant agrees to remove said improvement at the end of the Term of this Lease to and/or restore the Premises to substantially the same condition as in which it existed at prior to the Commencement Dateundertaking of the proposed alteration or improvement. If Further, all alterations and improvements to the Premises, including without limitation the Tenant so requests in writing at Improvements, whether undertaken by Tenant or Landlord shall be subject to a fee (the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx “Construction Management Fee”). Tenant agrees to make such election at pay Landlord the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however thatConstruction Management Fee as follows:
(a) Tenant shall give prior written notice to Landlord Five percent (5%) of the total cost of planning and constructing any alterations and improvements if such Alterations;construction costs exceed Ten Thousand and No/100 Dollars ($10,000.00); and
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
Ten percent (c10%) such Alterations shall not materially affect any of the Building’s systems, or the ceiling total cost of the Premisesplanning and constructing any alterations and improvements if such construction costs are less than Ten Thousand and No/100 Dollars ($10,000.00).
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to structural changes respecting the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made Building without the prior written consent of Landlord. Xxxxxxxx’s , which consent and approval required under this Article 12 shall not be unreasonably withheld, conditioned or delayed. Xxxxxxxx’s approval is solely given for Any interior or exterior nonstructural changes or other alterations, additions, or improvements to the benefit of Landlord, and neither Tenant nor any third party shall have Premises or the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant Building shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed made by or on behalf of Tenant in only with the Premises includingprior written consent of Landlord, without limitationwhich consent Landlord shall not unreasonably withhold, furniturecondition, carpetingor delay. Prior to any such consent by Landlord, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay submit to Landlord an oversight fee equal to three percent (3%) of reasonably detailed plans and specifications covering the hard costs of any such proposed work. If Landlord notifies Tenant shall make of any Alterationsobjections to the proposed alterations, then Landlord may elect Tenant must (i) revise the plans and specifications to require Tenant at the expiration or sooner termination of extent reasonably necessary to secure the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests XxxxxxxxLandlord’s approval and (ii) submit such revised plans and specifications for Landlord’s approval. Prior to commencement of such Alterations, Xxxxxxxx agrees to make such election at any alterations or improvements on the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein containedPremises, Tenant shall provide Landlord with evidence of insurance reasonably satisfactory to landlord. Tenant shall thereafter have the right, without obtaining Landlord’s consent alterations performed in accordance with the approved plans and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;specifications.
(b) Tenant agrees that any damage to the Premises caused by Tenant’s construction work shall submit be repaired at Tenant’s sole cost and expense. No later than thirty (30) days after completion of any construction work by Tenant hereunder, Tenant shall provide to Landlord (i) an affidavit from the general contractor performing the work that same has been substantially completed in accordance with the approved plans and specifications and that all mechanics and materialmen engaged by the general contractor in connection therewith have been paid in full; (ii) a waiver of liens with respect to such construction work executed by the general contractor and any other contractor with whom Tenant has directly contracted, except as to any contractor for which Tenant has obtained a bond to pay any claims by such Alterations if Tenant utilizes plans persons; and (iii) a certificate of occupancy for such Alterations; andthe Premises from the applicable governmental authorities.
(c) such Alterations Landlord shall not materially affect notify Tenant at the time Tenant obtains Landlord’s approval for any of the Buildingalterations, additions or improvements, including without limitation any partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s systemstrade fixtures as described in Paragraph 11 herein) to be made by, for, or at the ceiling direction of Tenant whether Landlord shall require Tenant to remove the Premisessame at the expiration or earlier termination of this Lease. All alterations, additional or improvements that Landlord does not require to be removed at the expiration or earlier termination of this Lease shall, when made, become the property of Landlord and shall remain upon the Premises at the expiration or earlier termination of this Lease.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) After the Tenant Improvements have been completed in accordance with the terms of the Work Agreement, Tenant shall make no alterations, decorations, installations, removals, additions improvement or improvements other changes in or to the Premises (“Alterations”) which will or may affect the mechanical, electrical, plumbing, HVAC or other systems of, or the exterior, roof or structural elements of, the Building, and shall make no changes of any kind respecting the Premises or the Building which are visible from the exterior of the Premises, without Landlord’s prior written consent and then only those that are consent, to be granted or withheld in Landlord’s sole discretion. Any other nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds only with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s , which consent and approval required under this Article 12 shall not be unreasonably withheldwithheld or delayed. XxxxxxxxAll alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant’s approval is solely given for trade fixtures as described in the benefit Section entitled “Trade Fixtures and Equipment” below) made by, for, or at the direction of Tenant shall, when made, become the property of Landlord, at Landlord’s sole election.
(b) Notwithstanding anything contained herein to the contrary, all alterations and neither improvements undertaken by Tenant nor shall be consistent with the then-existing quality, color scheme (where appropriate), general aesthetic appearance and tenor of the balance of the Building and, in any third party event, Landlord may withhold its consent to any proposed alteration or improvement by Tenant unless Tenant agrees to remove said improvement at the end of the Term and restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvement. Landlord shall also have the right to rely upon Landlord’s approval approve the contractor or contractors who shall perform any alterations, repairs in, to or about the Premises and to post notices of Xxxxxx’s plans for non-responsibility and similar notice, as appropriate. In addition, immediately after completion of any purpose whatsoever. Without limiting the foregoingalterations, Tenant shall be responsible for assign to Landlord any and all elements of the design of Tenant’s warranties applicable to such alterations and shall provide Landlord with as-built plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises depicting such alterations. All alterations and improvements to the placement of Premises which are undertaken by, or on behalf of, Tenant, shall be subject to Tenant’s furniturepayment to Landlord of a fee (the “Construction Management Fee”) equal to two percent (2%) of the total cost of such alterations and improvements; provided, appliances and equipment)however, and Landlord’s approval of Xxxxxx’s plans that Tenant shall not be obligated to pay Landlord a Construction Management Fee in no event relieve connection with the construction by Tenant of the responsibility for such designinitial Tenant Improvements in the Premises. Except as otherwise provided herein, Tenant agrees to pay Landlord the Construction Management Fee within ten (10) days after receipt of Landlord’s invoice therefor.
(c) Any alterations of any kind to the Premises or any part thereof, except Tenant’s furniture and moveable trade fixtures, shall have no liability or responsibility for at once become part of the realty and shall be surrendered with the Premises, as a part thereof, at the end of the Term hereof; provided, however, that Landlord may, by written notice to Tenant at least thirty (30) days prior to the end of the Term, require Tenant to remove any claim, injury or damage alleged to have been caused alterations (including all telecommunications cabling installed by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises includingor between the Premises and any other portion of the Building) and to repair any damage to the Premises caused by such removal, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done all at Tenant’s sole expense expense. Any article of personal property, including business and at such times and trade fixtures, not attached to or built into the Premises, which were installed or placed in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Premises by Tenant at its sole expense, shall be and remain the expiration or sooner termination property of Tenant and may be removed by Tenant at any time during the Term of this Lease as long as Tenant is not in default hereunder and provided that Tenant repairs any damage to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the PremisesBuilding caused by such removal.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. (a) Tenant shall make no alterations, decorationsimprovements or other changes (collectively, installations, removals, additions or improvements “Alterations”) in or to the Premises (“Alterations”) which will or may affect the mechanical, electrical, plumbing, HVAC or other systems of, or the exterior, roof or structural elements of, the Building, and shall make no Alterations of any kind respecting the Premises or the Building which are visible from the exterior of the Premises, without Landlord’s prior written consent and then only those that are consent, to be granted or withheld in Landlord’s sole discretion. Any other nonstructural Alterations to the Premises shall be made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds only with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. XxxxxxxxIf any Alteration requires Landlord to make any alterations or improvements to any part of the Building in order to comply with applicable law (including without limitation the Americans With Disabilities Act, as amended), Tenant shall pay all costs and expenses incurred by Landlord in connection with such alterations or improvements. All Alterations, including without limitation all partitions, walls, railings, carpeting (excluding area rugs which are not attached to the floor of the Premises), floor and wall coverings and other fixtures (excluding, however, Tenant’s consent trade fixtures as described in the Section entitled “Trade Fixtures and Equipment” below) made by, for, or at the direction of Tenant shall, when made, become the property of Landlord, at Landlord’s sole election.
(b) Notwithstanding anything contained herein to the contrary, all Alterations shall be consistent with the then-existing quality, color scheme (where appropriate), general aesthetic appearance and tenor of the balance of the Building. Landlord shall also approve the contractor or contractors who shall perform any Alterations, repairs in, to or about the Premises, which approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, conditioned or delayed, and neither Tenant nor to post notices of non-responsibility and similar notices, as appropriate. In addition, immediately after completion of any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoingAlterations, Tenant shall assign to Landlord any and all warranties applicable to such Alterations and shall provide Landlord with as-built plans of the Premises depicting such Alterations.
(c) Any Alterations of any kind to the Premises or any part thereof, except Tenant’s furniture, accessories and moveable trade fixtures, shall at once become part of the realty and shall be responsible surrendered with the Premises, as a part thereof, at the end of the Term hereof; provided, however, that Landlord may, by written notice given to Tenant at the time Landlord consents to such Alteration, require Tenant to remove any Alterations and to repair any damage to the Premises caused by such removal, all at Tenant’s sole expense. Further, at the expiration or earlier termination of this Lease, Tenant shall, at its sole cost and expense, remove all telecommunications and computer cabling installed by Tenant within the Premises or any other portion of the Building. In the event Tenant fails to remove such cabling within five (5) days after the expiration or earlier termination of this Lease, Landlord may elect to remove same and Tenant shall promptly reimburse Landlord for all elements costs incurred by Landlord in connection with the removal of such equipment plus an administration fee equal to twenty-five percent (25%) of such cost. In the design event Tenant fails to promptly pay such amounts, Landlord shall be entitled to deduct such amounts from the Security Deposit prior to returning same to Tenant. Any article of personal property, including business and trade fixtures, which were installed or placed in the Premises by Tenant at its sole expense, shall be and remain the property of Tenant and may be removed by Tenant at any time during the Term as long as Tenant is not in default hereunder and provided that Tenant repairs any damage to the Premises or the Building caused by such removal.
(d) Tenant shall keep the Premises free from any liens arising out of any work performed on, or materials furnished to, the Premises, or arising from any other obligation incurred by Tenant. If any mechanic’s or materialmen’s lien is filed against the Premises, the Building and/or the Land for work claimed to have been done for or materials claimed to have been furnished to Tenant, such lien shall be discharged by Tenant within twenty (20) days after Tenant has actual notice of such lien, at Tenant’s plans (includingsole cost and expense, without limitationby the payment thereof or by filing any bond required by law. If Tenant shall fail to timely discharge any such mechanic’s or materialman’s lien, compliance Landlord may, at its option, discharge the same and treat the cost thereof as Additional Rent payable with lawthe installment of rent next becoming due; it being expressly covenanted and agreed that such discharge by Landlord shall not be deemed to waive or release the default of Tenant in not discharging the same. Tenant shall indemnify and hold harmless Landlord, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furnitureBuilding from and against any and all expenses, appliances and equipment)liens, and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability claims, actions or responsibility for any claim, injury damages to person or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant property in connection with any such lien or the performance of such work performed by or the furnishing of such materials. Tenant shall be obligated to, and Landlord reserves the right to, post and maintain on behalf of Tenant the Premises at any time such notices as shall in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any reasonable judgment of Landlord be necessary to protect Landlord against liability for all such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration liens or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systems, or the ceiling of the Premises.actions
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are unless made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx lxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00)bonds. No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. XxxxxxxxLandlord’s consent and approval required under this Article 12 shall not be unreasonably withheld, conditioned or delayed. XxxxxxxxLandlord’s approval is solely given for the benefit of Landlord, Landlord and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of XxxxxxTenant’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of XxxxxxTenant’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations work, alterations, decorations, installations, removals, additions and improvements shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterationsalterations, decorations, installations, removals, additions or improvements, then Landlord may elect elect, at the time consent thereto is requested and granted, to require the Tenant at the expiration or sooner termination of the Term term of this Lease to restore the Premises to substantially the same condition as existed at the Term Commencement Date. If Tenant so requests shall pay, as an additional charge, the entire increase in writing real estate taxes on the Building which shall, at any time prior to or after the time Term Commencement Date, result from or be attributable to any alteration, addition or improvement to the Premises made by or for the account of Tenant. If, as a result of any alterations, decorations, installations, removals, additions and improvements made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other federal, state or local laws or regulations and such compliance requires Landlord to make any improvement or alteration to any portion of the Building or the Complex, as a condition to Landlord’s consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any such alteration, decoration, installation, removal, addition or improvement by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. Without limiting any of the terms hereof, Landlord will not approve any alteration, decoration, installation, removal, addition or improvement requiring unusual expense to readapt the Premises to normal office use on lease termination or increasing the cost of construction, insurance or Taxes on the Building or of Landlord’s services to the Premises, unless Tenant first gives assurances or security acceptable to Landlord that Xxxxxx requests Xxxxxxxx’s approval such re-adaptation will be made prior to such termination without expense to Landlord and makes provisions acceptable to Landlord for payment of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterationsincreased cost. Notwithstanding anything to the contrary herein containedforgoing, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give upon prior written notice to Landlord Landlord, but without the necessity of such Alterations;
obtaining Landlord’s consent, to make interior, nonstructural alterations to the Premises that (a) cost less than $10,000 in the aggregate in any calendar year, (b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
do not materially or adversely affect any fire, safety, telecommunication, electrical, mechanical, ventilation, plumbing or other systems of the Building, (c) such Alterations shall do not materially cause any material penetration in or otherwise affect any walls, floors, roofs or other structural elements of the Building’s systems, (d) do not require the issuance of any permits, licenses, approvals or the ceiling like, and (e) do not require unusual expense to readapt the Premises to normal laboratory use at the termination, provided that all work shall be done by contractors reasonably approved by Landlord and otherwise in accordance with the terms of the Premisesthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Enumeral Biomedical Holdings, Inc.)
ALTERATIONS AND IMPROVEMENTS BY TENANT. or any other applicable Section of this Lease, Tenant shall not make no alterations, decorations, installations, removals, additions any alteration or improvements in or addition to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors Utility Systems or mechanics approved by Landlord. No installations related equipment in the Building or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, elsewhere on the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made Property without the prior written consent of LandlordLandlord in advance and in each instance. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for Any alteration or additions to the benefit of LandlordUtility Systems, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance additional pipes, feeders, risers or the like and any other equipment proper and necessary in connection with lawsuch additional pipes, functionality of designfeeders, or risers or the structural integrity of the design, the configuration of the Premises and the placement of like (collectively “Modified Utility Delivery Facilities”) which may be necessary to meet Tenant’s furnitureutility needs, appliances and equipment), may upon Tenant’s request and Landlord’s approval consent (as required above in this grammatical paragraph or as may be otherwise required under this Lease) and at the sole cost and expense of XxxxxxTenant, be installed in accordance with plans and specifications therefor that have been approved in advance and in writing by Landlord; provided, however that the foregoing language of this sentence shall not be deemed to obligate Landlord to consent to any particular plans or specifications or any particular request of Tenant relating to Modified Utility Delivery Facilities. Landlord agrees not to unreasonably withhold, delay or condition Landlord’s plans shall in no event relieve Tenant consent with respect to any Modified Utility Delivery Facilities, provided such Modified Utility Delivery Facilities are permissible under applicable law, utility provider and insurance company regulations and guidelines, all terms and conditions of this Lease and the installation of such Modified Utility Delivery Facilities will not cause permanent damage or injury to the Building or any other portion of the responsibility for such design. Property or cause or create a dangerous condition or in any way diminish the value of the Building or the Property, all as determined by Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at TenantLandlord’s sole expense discretion; and at such times and provided further that, notwithstanding anything to the contrary above in such manner as Landlord may from time to time reasonably designatethis Section or elsewhere in this Lease, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant (a) Tenant, at Tenant’s expense, at the expiration or sooner earlier termination of this Lease, to remove the Term of this Lease Modified Utility Delivery Facilities and repair any damage to the Building or the Property caused by such removal and or restore the Premises Building and the Property (as the case may be) to substantially the same condition as existed at prior to the Commencement Date. If Tenant so requests installation of the Modified Utility Delivery Facilities or (b) pay to Landlord the cost (as determined by Landlord) to remove the Modified Utility Delivery Facilities and perform the related repairs and restoration contemplated in writing at above in this sentence; provided, however, that, if prior to the time that Xxxxxx requests Xxxxxxxxinstallation of particular Modified Utility Delivery Facilities and as part of Tenant’s request for Landlord’s approval of such AlterationsModified Utility Delivery Facilities, Xxxxxxxx agrees to make such election at the time Tenant requests in writing that Landlord approves indicate whether Landlord will require Tenant to remove the Modified Utility Delivery Facilities and whether and how Tenant will be required to repair and or restore the Building or other portion of the Property related to the Modified Utility Delivery Facilities, Landlord shall respond to Tenant reasonably, promptly and in writing and Landlord shall only be able to require Tenant to perform the removal and restoration described in such Landlord response with respect to the Modified Utility Delivery Facilities. Tenant, at Tenant’s plans expense, shall purchase, install and replace all light bulbs, tubes or other consumable light emitting devices used in and about the Property. Landlord shall not in any way be liable or responsible to Tenant for any such Alterations. Notwithstanding anything to loss, damage or expense which Tenant may incur if the contrary herein containedquantity, Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight fee, to make interior nonstructural Alterations costing not more than Seventy-Five Thousand and 00/100 Dollars ($75,000.00) in each instance, provided however that:
(a) Tenant shall give prior written notice to Landlord of such Alterations;
(b) Tenant shall submit to Landlord plans for such Alterations if Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect any of the Building’s systemscharacter, or the ceiling supply of the Premisesany utility is changed or is no longer available or suitable for Tenant’s requirements.
Appears in 1 contract
Samples: Building Lease (D8 Holdings Corp.)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, decorations, installations, removals, additions or improvements in or to the Premises (“Alterations”) without Landlord’s prior written consent and then only those that are made by contractors or mechanics approved by Landlord. No installations or work shall be undertaken or begun by Tenant until: (i) Landlord has approved written plans and specifications and a time schedule for such work; (ii) Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by Landlord; and (iii) Tenant has procured appropriate surety payment and performance bonds with respect to work, the cost of which exceeds Seventy-Five Thousand and 00/100 Dollars ($75,000.00). No amendments or additions to such plans and specifications shall be made without the prior written consent of Landlord. Xxxxxxxx’s consent and approval required under this Article 12 shall not be unreasonably withheld. Xxxxxxxx’s approval is solely given for the benefit of Landlord, and neither Tenant nor any third party shall have the right to rely upon Landlord’s approval of Xxxxxx’s plans for any purpose whatsoever. Without limiting the foregoing, Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the Premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Landlord shall have no liability or responsibility for any claim, injury or damage alleged to have been caused by the particular materials, whether building standard or non-building standard, appliances or equipment selected by Tenant in connection with any work performed by or on behalf of Tenant in the Premises including, without limitation, furniture, carpeting, copiers, laser printers, computers and refrigerators. Any such Alterations shall be done at Tenant’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate, and Tenant shall pay Landlord an oversight fee equal to three percent (3%) of the hard costs of any such work. If Tenant shall make any Alterations, then Landlord may elect to require Tenant at the expiration or sooner termination of the Term of this Lease to restore the Premises to substantially the same condition as existed at the Commencement Date. If Tenant so requests in writing at the time that Xxxxxx requests Xxxxxxxx’s approval of such Alterations, Xxxxxxxx agrees to make such election at the time that Landlord approves Tenant’s plans for any such Alterations. Notwithstanding anything to the contrary herein contained, a. Tenant shall have the right, without obtaining Landlord’s consent and without paying the aforesaid oversight feeat its own expense, to make interior nonstructural Alterations costing such non- structural alterations and changes in and to the Premises as it shall deem expedient or necessary for its purposes provided it has first obtained the consent thereto of Landlord in writing, Landlord agreeing that it shall not more than Seventywithhold, delay or condition such consent unreasonably. All such work shall be done in good and workmanlike manner, and in accordance with all applicable laws and shall be performed only by Landlord approved contractors (such approval not to be unreasonably withheld, conditioned or delayed) under the supervision of the Landlord. Landlord shall execute and deliver upon request of Tenant such instrument or instruments embodying the approval of Landlord which may be required by any public or quasi-Five Thousand public authority for the purpose of obtaining any license or permit for the making of such alterations or changes in, to or upon said Premises, Tenant agreeing to pay for and 00/100 Dollars ($75,000.00) procure such license or permit. Tenant will not make or permit anyone to make any alterations, improvements or additions in each instanceor to the Premises, provided however that:
(a) or install any equipment of any kind that will require any alteration or addition to, or the use of, the water, heating, air conditioning or electrical or other building systems or equipment without the consent thereto of Landlord in writing, Landlord agreeing that it shall not withhold, delay or condition such consent unreasonably. If any such alterations or improvements are made, without such consent, the Landlord may correct or remove them and the Tenant shall give be liable for any and all expense incurred by the Landlord in the performance of this work. Any such alterations, additions or improvements to the Premises which are made with the Landlord's prior written consent shall immediately become the property of the Landlord and shall remain upon and be surrendered with the Premises as part thereof at the end of the term. The Landlord may, however, at the time of the giving of such consent, by written notice to Landlord such effect, require the Tenant to remove all or any part of such Alterations;
(b) alterations, additions or improvements at the end of the Term, and in such event the Tenant shall submit remove the same at its expense and shall repair all damage to Landlord plans for the premises caused by such Alterations if removal at the end of the Term.
b. Tenant utilizes plans for such Alterations; and
(c) such Alterations shall not materially affect permit any of the Building’s systems, mechanics or the ceiling of materialmen's liens to be filed against the Premises, nor against the Tenant's leasehold interest in the Premises on account of work or materials procured by Tenant. The Landlord shall have the right at all reasonable times to post and keep posted on the Premises any notice which it deems necessary for protection from such liens. If any such liens ate so filed, the Tenant, at Tenant's election shall bond or discharge such liens and should Tenant fail to do so within Fifteen (15) days following notice thereof, Landlord, at its election may pay and satisfy the same and in such event the sums so paid by the Landlord, with maximum permissible interest from the date of payment, but not to exceed twelve percent (12%) per annum, shall be deemed to be Additional Rent due and payable by the Tenant within Ten (10) days following written notice or demand.
c. Tenant shall provide and maintain any fire extinguishers which may be required within tenant's premises.
Appears in 1 contract
Samples: Lease (Iwo Holdings Inc)