ALTERATIONS AND IMPROVEMENTS BY TENANT. 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 without Landlord's 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 nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. 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 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 shall, unless otherwise specified by Landlord at the time Landlord gives its consent thereto, remain upon the Premises at the expiration or 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 and/or restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvement.
Appears in 2 contracts
Samples: Sublease (Sciquest Com Inc), Lease Agreement (Inspire Pharmaceuticals Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. 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 without Landlord's consent, such consent not to be granted or withheld in Landlord's sole discretionunreasonably withheld. Except for the initial upfitting of the Premises in accordance with the Plans, any Any other nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Landlord's consent shall not be required for the erection of movable partitions, shelving (other than built-in shelving) or standard office decorations. 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 paragraph entitled "Trade Fixtures and Equipment" belowbelow ) made by, for, or at the direction of Tenant shall, when made, become the property of Landlord, at Landlord's sole election, and shall, unless otherwise specified by Landlord if Landlord so elects at the time Landlord gives its consent thereto, and shall remain upon the Premises at the expiration or 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 asthetic 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 and/or restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvement.
Appears in 1 contract
Samples: Consent to Sublease Agreement (Inspire Pharmaceuticals Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no structural changes respecting alterations, decorations, installations, removals, additions or improvements in or to 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 Demised Premises without Landlord's consent’s prior written consent and then only by contractors, mechanics and laborers approved by Landlord, which approval shall be subject without limitation to reasonable insurance requirements. No such work shall be granted undertaken or withheld in Landlord's sole discretion. Except for the initial upfitting of the Premises in accordance with the Plans, any other nonstructural changes begun by Tenant until Landlord has approved written plans and specifications therefor; and no amendments or other alterations, additions, or improvements additions to the Premises such plans and specifications shall be made by or on behalf of Tenant only with the without prior written consent of Landlord. Any such alterations, which decorations, installations, removals, additions and improvements shall be done at the sole expense of Tenant and at such times and in such manner as Landlord may from time to time reasonably designate. Any consent or approval required under this Article shall not be unreasonably withheld or delayeddelayed in the case of any proposed work of a non-structural nature which does not affect the common areas or facilities of the Property. All If Tenant shall make any alterations, decorations, installations, removals, additions or improvements, improvements (including without limitation all partitionsraised flooring, wallssupplemental air conditioning systems and power generators), railingsthen Landlord may elect, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant's trade fixtures as described in the 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 shall, unless otherwise specified by Landlord at the time Landlord gives its consent of consenting thereto, remain upon the Premises at the expiration or earlier termination of this Lease. Notwithstanding anything contained herein to the contrary, all alterations and improvements undertaken by require 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 and/or of this Lease to restore the Demised Premises to the condition in which it existed prior to the undertaking and any affected common facilities of the proposed alteration or improvementBuilding to substantially the same condition as existed on the Term Commencement Date.
Appears in 1 contract
Samples: Lease Agreement (Viryanet LTD)
ALTERATIONS AND IMPROVEMENTS BY TENANT. 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 without Landlord's consent, to be granted or withheld in Landlord's sole discretionPremises. Except for the initial upfitting of the Premises in accordance with the Plans, any Any other nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. All alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings covering and other fixtures (excluding, however, Tenant's trade fixtures as described in the 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 shall, unless otherwise specified by Landlord at the time Landlord gives its consent theretoLandlord's sole election, remain upon the Premises at the expiration or earlier termination of this Lease. Notwithstanding anything contained herein , unless agreement is reached to the contrary, all alterations and improvements undertaken by contrary at the time Landlord gives approval for same. If Tenant shall be consistent with request Landlord's consent to a change, alteration, addition or improvement to the Premises and Landlord fails to respond, or withholds its consent but does not specify the reasons therefor in reasonable detail, within thirty (30) days after Tenant's request, then-existing quality, color scheme (where appropriate), general aesthetic appearance and tenor of the balance of the Building and, in any such event, Landlord may withhold its Landlord's consent shall be deemed given to any proposed alteration or improvement by Tenant unless Tenant agrees to remove said improvement such change, alteration, addition and/or improvement; provided, however, that at the end time of the Term and/or restore the Premises Tenant's request, Tenant may notify Landlord that, in Tenant's reasonable discretion, such request is an emergency and requires an expedited response by Landlord; in such event, Landlord's consent shall be deemed given if Landlord fails to the condition in which it existed prior to the undertaking of the proposed alteration or improvementrespond within ten (10) days.
Appears in 1 contract
Samples: Lease Agreement (H Power Corp)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no alterations, installations, improvements, changes or additions (collectively, “Alterations”) which are structural changes respecting to the Premises or the Building (or Business Park) (or to the mechanical or other systems or equipment of the Building) and shall make no changes Alterations of any kind respecting the Premises or the Building that which are visible from the exterior of the Premises without Landlord's ’s prior written consent, to be granted or withheld in Landlord's ’s sole and absolute discretion. Except for the initial upfitting of the Premises in accordance with the Plans, any other nonstructural changes or Any other alterations, additions, or improvements to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense, Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord, Tenant shall cause all Alterations to be performed in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord’s construction rules and regulations. All alterations, additions or improvementsAlterations, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant's ’s trade fixtures as described in the paragraph 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 ’s sole election, election (but without obligation) and shall, unless otherwise specified by Landlord at the time Landlord gives its consent thereto, remain upon the Premises at the expiration or earlier termination of this Lease. Notwithstanding anything contained herein to the contrary, all alterations and improvements Alterations 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 Alteration by Tenant unless Tenant agrees to remove said improvement Alteration at the end of the Term and/or restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration Alteration. Further, all Alterations, including without limitation the Tenant Improvements, whether undertaken by Tenant or improvementLandlord shall be subject to a fee (the “Construction Management Fee”) equal to Five percent (5%) of the total cost of planning and constructing any Alterations. Tenant agrees to pay Landlord the Construction Management Fee within ten (10) days after receipt of Landlord’s invoice therefor.
Appears in 1 contract
Samples: Lease Agreement (Novan, Inc.)
ALTERATIONS AND IMPROVEMENTS BY TENANT. 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 without Landlord's ’s consent, to be granted or withheld in Landlord's ’s sole discretion. Except for the initial upfitting of the Premises in accordance with the Plans, any other nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. All alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant's ’s trade fixtures as described in the 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 ’s sole election, and shall, unless otherwise specified by Landlord at the time Landlord gives its consent thereto, remain upon the Premises at the expiration or 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 asthetic 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 and/or restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvement.
Appears in 1 contract
Samples: Lease Agreement (Icagen Inc)
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no structural changes respecting alterations, decorations, installations, removals, additions or improvements in or to the Premises or Premises, the Building and shall make no changes of or elsewhere on the Property, nor permit any kind respecting holes to be drilled or made in or on the Premises or Premises, the Building that are visible from or elsewhere on the exterior of the Premises without Property except in each instance in such place and manner and by contractors or mechanics all as shall first have been approved in advance and in writing by Landlord's 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 nonstructural changes No such installations or other alterations, additions, work shall be undertaken or improvements begun by Tenant until Landlord has approved written plans and specifications therefor; and no amendments or additions to the Premises such plans and specifications shall be made by or on behalf of Tenant only with the without prior written consent of Landlord. Any such alteration, which consent decoration, installation, removal, addition and improvement shall not be unreasonably withheld or delayeddone at the sole expense of Tenant and at such times and in such manner as Landlord may designate. All If Tenant shall make any alterations, decorations, installations, removals, additions or improvements, including without limitation all partitionsthen Landlord may elect to require Tenant, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, at the Tenant's trade fixtures expense, at the expiration of this Lease, to restore the Premises, the Building and the Property (as the case may be) to substantially the same condition as existed at the Term Commencement Date. If, prior to the installation of such items and as part of Tenant's request for Landlord's approval of such items, Tenant requests in writing that Landlord 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 Landlord response. Notwithstanding anything to the contrary contained 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 provides Landlord with (a) 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 and (c) a building permit for the proposed alteration issued by the City of Waltham. Subject to all applicable terms and conditions of the Lease (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 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 paragraph entitled "Trade Fixtures and Equipment" below) made by, for, Lease if those things to which Landlord has agreed in concept are not permitted under applicable law or at the direction of Tenant shall, when made, become the property of Landlord, at Landlord's sole election, and shall, unless otherwise specified by Landlord at the time Landlord gives its consent thereto, remain upon the Premises at the expiration zoning ordinances or 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 and/or restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvementotherwise.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no structural changes respecting to the Premises or the Building (or to the mechanical or building systems of the Building) and shall make no changes of any kind respecting the Premises or the Building that which are visible from the exterior of the Premises without Landlord's ’s prior written consent, to be granted or withheld in Landlord's ’s sole discretion. Except for the initial upfitting of the Premises in accordance with the Plans, any Any other nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. All alterations, additions or improvements, including without limitation all partitions, walls, railings, carpeting, floor and wall coverings and other fixtures (excluding, however, Tenant's ’s trade fixtures as described in the 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 ’s sole election, election and shall, unless otherwise specified by Landlord at the time Landlord gives its consent theretoof Landlord’s approval of same or Tenant’s installation of same, remain upon the Premises at the expiration or 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 and/or restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvement. Further, all alterations and improvements to the Premises, including without limitation the Tenant Improvements, whether undertaken by Tenant or Landlord shall be subject to a fee (the “Construction Management Fee”). Tenant agrees to pay Landlord the Construction Management Fee as follows:
(a) Five percent (5%) of the total cost of planning and constructing any alterations and improvements if such 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).
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS BY TENANT. Tenant shall make no structural changes respecting to the Premises or the Building (or to the mechanical or building systems of the Building) and shall make no changes of any kind respecting the Premises or the Building that which are visible from the exterior of the Premises without Landlord's prior written consent, to which consent shall not be granted unreasonably withheld, conditioned or withheld in Landlord's sole discretiondelayed. Except for the initial upfitting of the Premises in accordance with the Plansminor interior cosmetic alterations, any other nonstructural changes or other alterations, additions, or improvements to the Premises shall be made by or on behalf of Tenant only with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. 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 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, election and shall, unless otherwise specified by Landlord at the time Landlord gives its consent thereto, remain upon the Premises at the expiration or 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 and/or restore the Premises to the condition in which it existed prior to the undertaking of the proposed alteration or improvement. Further, all alterations and improvements to the Premises, including without limitation the Tenant Improvements, whether undertaken by Tenant or Landlord shall be subject to a fee (the "Construction Management Fee"), save and except any cosmetic work or minor repairs performed by Tenant providing Landlord neither needs to nor is involved in such work or repairs. Tenant agrees to pay Landlord the Construction Management Fee as follows: Five percent (5%) of the total cost of planning and constructing any alterations and improvements if such construction costs exceed Ten Thousand and No/100 Dollars ($10,000.00).
Appears in 1 contract
Samples: Change in Control Severance Agreement (Capital Bank Corp)