ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 8 contracts
Samples: Lease Agreement (Lender Processing Services, Inc.), Lease Agreement (Lender Processing Services, Inc.), Lease Agreement (Lender Processing Services, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant (a) The Lessee shall have the privilege from time to time of making Additional Improvements to the Facility Realty as it may determine in its discretion to be desirable for its uses and purposes, provided that:
(i) as a result of the Additional Improvements, the fair market value of the Facility is not reduced below its fair market value immediately before the Additional Improvements are made and the usefulness, structural integrity or operating efficiency of the Facility is not materially impaired,
(ii) the Additional Improvements are effected with due diligence, in a good and workmanlike manner and in compliance with all applicable Legal Requirements,
(iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the applicable contract(s) therefor, and
(iv) the Additional Improvements do not change the nature of the Facility so that it would not constitute the Approved Facility and a qualified “project” within the meaning of the Act.
(b) All Additional Improvements shall constitute a part of the Facility, subject to the Company Lease, this Agreement and the Sublease Agreement.
(c) If at any time after the Operations Commencement Date, the Lessee shall make any Additional Improvements, the Lessee shall (i) notify an Authorized Representative of the Agency of such Additional Improvements by delivering written notice thereof within thirty (30) days after the completion of the Additional Improvements, and (ii) take the actions required by Section 5.1(f)(i)(3).
(d) In addition to the Facility Personalty, the Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause permit to be installed any trade fixtureat the Facility Realty, signsmachinery, floor coveringequipment and other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lessee’s prior written approval, which approval Property shall not constitute Facility Personalty and shall not be unreasonably withheld subject to the Company Lease, this Agreement or delayed. Upon the expiration Sublease Agreement, nor constitute part of the Initial Term of this LeaseFacility, Tenant provided that the same is not made fixtures appurtenant to the Facility Realty. The Lessee shall have the option right to remove such alterationscreate or permit to be created any mortgage, decorationsencumbrance, additions lien or improvements made by itcharge on, provided any damage to Premises resulting from such removal is repaired. Alsoor conditional sale or other title retention agreement with respect to, upon the expiration Lessee’s Property, without the consent of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages or notice to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcAgency., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 4 contracts
Samples: Agency Lease Agreement, Agency Lease Agreement, Agency Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant Sublessee shall have the right at any time throughout the term of this Lease Sublease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant Sublessee may deem necessary or suitable with LandlordSublessor’s prior written approval, which approval shall not be unreasonably withheld or delayeddelayed so long as the requested improvements do not violate the terms and conditions of the Master Lease Agreement. Upon the expiration of the Initial Term of this LeaseSublease, Tenant Sublessee shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this LeaseSublease, Tenant Sublessee if requested by Landlord Sublessor shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant Sublessee shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of LandlordSublessor, which approval shall not be unreasonably withheld or delayeddelayed so long as the request does not violate the terms and conditions of the Master Lease Agreement. Notwithstanding the foregoing, Tenant Sublessee shall be permitted to make Minor Alterations (as defined below) without LandlordSublessor’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord Sublessor approves any alterations, additions, improvements, etc., Landlord Sublessor shall notify TenantSublessee, in writing, along with LandlordSublessor’s approval notice, of whether Tenant Sublessee shall, upon termination of this LeaseSublease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Sublessor for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 3 contracts
Samples: Sublease Agreement (Lender Processing Services, Inc.), Sublease Agreement (Lender Processing Services, Inc.), Sublease Agreement (Lender Processing Services, Inc.)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord's written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord's request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvement and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the Property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, addition or improvement shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder's risk insurance throughout the term construction. Tenant does hereby indemnify and hold landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising our of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereof, to make or cause to be maderenewals thereof, any ad valorem or Property tax on such alterations, additions, improvements or improvements, or install or cause repairs. Repairs which are to be installed performed by contractors or workmen other than Landlord's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or with respect to any work performed by said contractor in connection with improvement made by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost request of removing such alterations or additions and the restoration of the PremisesTenant.
Appears in 3 contracts
Samples: Lease Agreement (KnowBe4, Inc.), Lease Agreement (KnowBe4, Inc.), Lease Agreement (American Recreational Enterprises Inc)
ALTERATIONS AND IMPROVEMENTS. 8.1 Save for the installation of trade fixtures and furnishings, the Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will make or cause to be made, any no alterations, additionsinstallations, removals, additions or improvements, improvements in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with about the Premises without the Landlord’s prior written approvalconsent, which approval shall consent will not be unreasonably withheld or delayed, and in the event of such consent, all work is done at the Tenant’s sole expense and at such times and such manner as the Landlord may reasonably approve.
8.2 The Tenant will not suffer or permit any builders’ liens to be filed against the interest of the Landlord in the Land or the Premises by reason of work, labour, services or material supplied or claimed to have been supplied to the Tenant or for which the Tenant may be in any way obligated, and if any such builders’ lien will at any time be filed against the Land or the Premises whatsoever, the Tenant will cause the same to be discharged from title to the Land within 20 days of the date the Tenant has knowledge of such filing. Upon The Landlord may wish to post security under the provisions of the Builders Lien Act or any legislation replacing such Act.
8.3 All articles of personal property and all business and trade fixtures, machinery and equipment, cabinet work, furniture and movable or immovable partitions owned or installed by the Tenant at the expense of the Tenant in the Premises will remain the property of the Tenant and may be removed by the Tenant at any time during the Term, provided that the Tenant at its expense will repair any damage to the premises or the Building caused by such removal of the original installation.
8.4 The Landlord may elect to require the Tenant to remove all or any part of the business and trade fixtures, machinery and equipment, cabinet work, furniture and movable and immovable partitions owned or installed by or on behalf of the Tenant after the commencement of the Term (other than those which constitute ordinary and reasonable commercial fixtures and improvements which would be reasonably useable by other commercial tenants) at the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from Lease in which event such removal is repaired. Alsodone at the Tenant’s expense and the Tenant will, upon the expiration of the Initial Term of this Leaseat its expense, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or to the buildings Building caused by such removal.
8.5 If the Tenant does not remove the property set out in which Section 8.4 forthwith after written demand by the Premises are located) occasioned by their installation or removal Landlord, such property will, if the Landlord elects, be deemed to become the Landlord’s property and restore the Premises to substantially Landlord may remove the same condition as existed prior to at the time when any such alterations or additions were made, or (ii) reimburse Landlord for same at the expense of the Tenant and the cost of removing such alterations or additions removal will be paid by the Tenant forthwith to the Landlord on written demand and the restoration Landlord will not be responsible for any loss or damage to such property because of the Premisessuch removal.
Appears in 3 contracts
Samples: Lease Agreement (Xenon Pharmaceuticals Inc.), Lease Agreement (Xenon Pharmaceuticals Inc.), Lease Agreement (Xenon Pharmaceuticals Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant During the Lease Term (and any Extension Term), Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make any alterations or cause improvements to the Property without Lessor’s consent except for Structural Alterations. Any Structural Alterations to the Property shall require the consent of Lessor, not to be madeunreasonably withheld, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld conditioned or delayed. Upon the expiration of the Initial Term of this Lease; provided, Tenant shall have the option to remove such alterationshowever, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not Lessee may make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises Structural Alteration without the prior written approval consent of LandlordLessor if such Structural Alteration (a) is of equal or better quality than any existing Improvement, which approval shall (b) does not be unreasonably withheld consist of adding any new structures or delayedreducing or enlarging any existing structures on the Property, and (c) does not have a Material Adverse Effect. Notwithstanding the foregoing, Tenant shall be permitted Lessee may undertake any alterations to make Minor the Property that are not Structural Alterations (as defined below) without LandlordLessor’s prior written consent. Minor AlterationsIf Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, as used hereinthe same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be defined of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. With respect to any alteration individually costing $250,000.00 or more, (x) at the commencement of any such alteration, Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any alterationsequivalent notice permitted under Legal Requirements and (y) upon completion of any such alteration, improvements, etc. made Lessee shall upon Lessor’s written request promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the Premises (excluding alterations. Lessee shall keep the facade thereof) which do not affect Property free from any liens arising out of any work performed on, or materials furnished to, the structure Property. Any addition to or alteration of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord Property shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration be deemed a part of the PremisesProperty and belong to Lessor, and Lessee shall execute and deliver to Lessor such instruments as Lessor may require to evidence the ownership by Lessor of such addition or alteration, excepting Lessee’s personal property, which shall remain the property of Lessee.
Appears in 3 contracts
Samples: Lease Agreement (Four Corners Property Trust, Inc.), Revolving Credit and Term Loan Agreement (Four Corners Property Trust, Inc.), Lease Agreement (Four Corners Property Trust, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant (a) The Lessee shall have the privilege from time to time of making Additional Improvements to the Facility Realty as it may determine in its discretion to be desirable for its uses and purposes, provided that:
(i) as a result of the Additional Improvements, the fair market value of the Facility is not reduced below its fair market value immediately before the Additional Improvements are made and the usefulness, structural integrity or operating efficiency of the Facility is not materially impaired,
(ii) the Additional Improvements are effected with due diligence, in a good and workmanlike manner and in compliance with all applicable Legal Requirements,
(iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the applicable contract(s) therefor, and
(iv) the Additional Improvements do not change the nature of the Facility so that it would not constitute the Approved Facility and a qualified “project” within the meaning of the Act.
(b) All Additional Improvements shall constitute a part of the Facility, subject to the Company Lease, this Agreement and the Sublease Agreement.
(c) If at any time after the Operations Commencement Date, the Lessee shall make any Additional Improvements, the Lessee shall (i) notify an Authorized Representative of the Agency of such Additional Improvements by delivering written notice thereof within thirty (30) days after the completion of the Additional Improvements, and (ii) take the actions required by Section 5.1(f).
(d) In addition to the Facility Personalty, the Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause permit to be installed any trade fixtureat the Facility Realty, signsmachinery, floor coveringequipment and other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lessee’s prior written approval, which approval Property shall not constitute Facility Personalty and shall not be unreasonably withheld subject to the Company Lease, this Agreement or delayed. Upon the expiration Sublease Agreement, nor constitute part of the Initial Term of this LeaseFacility, Tenant provided that the same is not made fixtures appurtenant to the Facility Realty. The Lessee shall have the option right to remove such alterationscreate or permit to be created any mortgage, decorationsencumbrance, additions lien or improvements made by itcharge on, provided any damage to Premises resulting from such removal is repaired. Alsoor conditional sale or other title retention agreement with respect to, upon the expiration Lessee’s Property, without the consent of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages or notice to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcAgency., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Samples: Agency Lease Agreement, Agency Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant (a) Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be made, made any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Improved Leased Premises without the prior written approval consent of LandlordLessor. All alterations, which approval shall not be unreasonably withheld additions or delayed. Notwithstanding the foregoing, Tenant improvements approved by Lessor shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinmade solely at Lessee's expense by a contractor approved by Lessor, shall be defined made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 5, and any fixtures installed as any alterationsa part thereof, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, either: (i) and Lessee shall promptly remove any such alterations or additions the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the buildings interest from such claim or in which any manner satisfactory to Lessor and any mortgagee. If Lessee desires to contest the Premises are located) occasioned by their installation validity of any lien or removal and restore the Premises to substantially the same condition as existed claim, Lessee may do so upon Lessor's prior to the time when any such alterations or additions were madewritten consent, or (ii) reimburse Landlord for provided Lessee sustains the cost of removing such alterations contest, and Lessee remains liable to pay or additions discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and the restoration holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of the Premisessuch contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 2 contracts
Samples: Commercial Lease Agreement (Embassy Bancorp, Inc.), Commercial Lease Agreement (Embassy Bancorp, Inc.)
ALTERATIONS AND IMPROVEMENTS. A. Upon completion of the Tenant Improvements in accordance with paragraph 2 hereof, Landlord shall assign to Tenant all warranties relating to such Tenant Improvements (a complete list of which is set forth in Exhibit D) and shall have no further obligation to make any alterations or improvements to the right at any time throughout the term of this Lease and any extensions Premises except as provided in paragraph 13.C. hereof, to and except for (i) punch list items designated by the Tenant after inspection of the Premises upon completion of the Tenant Improvements (which items shall be completed by the Landlord within thirty (30) days after the Commencement Date) and (ii) any defective workmanship and materials in the Tenant Improvements of which the Tenant has given the Landlord notice not later than sixty (60) days after the Commencement Date, or in the case of latent defects, not later than one (1) year after the Commencement Date.
B. Tenant further covenants that it will at no time or times make or cause to be made, any alterations, additions, improvements or improvements, or install or cause changes of any kind over Thirty Thousand Dollars ($30,000) to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s the Premises without first submitting the plans thereof and securing the prior written approvalconsent of the Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon ; however, Tenant agrees to submit all plans for alterations, improvements or changes of any kind to Landlord for its professional review and advice regarding construction matters prior to performing said alterations, improvements or changes; which review and advice shall be provided to the expiration Tenant within ten (10) days of submission of the Initial Term plans to the Landlord. Tenant may, at its own option and without having to secure the consent, written or otherwise of the Landlord,
(1) make any alterations or changes of any kind to the Premises which may be required by any governmental order or regulation, and such alterations or changes shall, if made by Tenant, be made at no expense to Landlord; and
(2) undertake any landscaping or similar work with respect to the Premises (including the Improvements) which are of a minor nature; provided that such work or alterations or changes are performed at no cost to Landlord. All improvements, alterations, replacements and building service equipment made or installed by or on behalf of Tenant and permanently affixed to the Improvements shall immediately upon completion or installment thereof be and become the property of Landlord, without payment therefor by Landlord, but subject to the provisions of this Lease; provided that all machinery, equipment (other than building service equipment), trade fixtures, movable partitions, furniture and furnishings installed by Tenant or maintained on the Premises, even if permanently affixed thereto, shall remain the property of Tenant, and Tenant shall have the option be entitled to remove such alterationsthe same or any part thereof at any time during the Lease term, decorationsbut Tenant shall, additions or improvements made by itat its expense, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages and all damage to the Premises resulting from or caused by such removal. During The interest of Tenant in any property which is not so removed shall at the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to end of thirty (30) days after the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings Lease vest in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the PremisesLandlord.
Appears in 2 contracts
Samples: Lease Agreement (Entrada Networks Inc), Lease Agreement (Sync Research Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant Resident shall have the no right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions alterations or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes Residence or other material changes to the Premises without the prior written approval consent of Landlord, which approval may be withheld in the Landlord’s sole discretion for purely aesthetic reasons. Additions, alterations, and/or improvements include, but are not limited to, changing the exterior paint color, exterior siding, constructing additions to the Residence/Premises, replacing the Residence located on the Premises, and all other alterations or improvements to the Premises. In the event the Residence is removed from the Premises during the term of this Sublease, or if the said Residence is damaged beyond fifty (50%) percent of its replacement value, the Resident shall not be unreasonably withheld replace the said Residence within ninety (90) days of its removal or delayeddestruction by reconstructing said damaged Residence or replacing the removed Residence, in accordance with the prior written approval obtained from Landlord. Notwithstanding the foregoing, Tenant The Premises shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, deemed abandoned and Resident shall be defined in default under this Sublease whenever Resident fails to repair or replace said damaged or removed Residence as any alterations, improvements, etcrequired herein. made to Time is of the essence. Any replacement home must be purchased through the Landlord or its agents. Resident shall maintain the Residence and the Premises (excluding in a neat and orderly condition in compliance at all times with the facade thereof) which do not affect the structure Rules and Regulations of the buildings, their systems Village. In the event Resident fails or equipment. If Landlord approves any alterations, additions, improvements, etc.is unable to maintain the Residence or Premises in this manner, Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, Resident of whether Tenant shall, upon termination such failure and Resident shall within ninety (90) days complete all such repairs or work. Failure of Resident to timely complete all repairs or work shall be a default under this Agreement. In addition to all other remedies at law and equity for such breach of this LeaseAgreement, either: (i) remove any such alterations or additions and repair any damage Landlord shall have the additional right, but not the obligation, to make the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were maderepairs, or (ii) reimburse Landlord for to maintain, clean-up, or repair the cost of removing such alterations or additions and the restoration exterior of the PremisesResidence and grounds, and Resident shall reimburse to Landlord within twenty (20) days of the date of invoice all costs thereof as additional rental, which shall include all costs and reasonable attorney’s fees.
Appears in 2 contracts
Samples: Sublease Agreement, Sublease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have (a) At the right at any time throughout the term of this Lease and any extensions hereof, to make end or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term other termination of this Lease, Tenant shall have deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to said condition in which they are to be delivered, reasonable wear and tear excepted, to Landlord shall be borne by Tenant. Tenant will not make or allow to be made any alterations, physical additions or improvements in excess of an aggregate amount of twenty five thousand and 00/100 dollars ($25,000.00) in any twelve (12) month period in or to the interior of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld as to non-structural alterations or improvements. All alterations, additions or improvements made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property on termination of this Lease and shall remain on the Premises without compensation to Tenant. All furniture, movable trade fixtures and personal property of Tenant may be removed by Tenant at the termination of this Lease if Tenant so elects, and shall be so removed if required by Landlord, or if not so removed shall, at the option of Landlord, become the property of Landlord. All such installations, removals and restoration shall be accomplished in a good workmanlike manner so as not to remove such damage the Premises or the primary structure or structural qualities of any building improvements or the plumbing, electrical lines or other utilities.
(b) Tenant shall indemnify and hold harmless Landlord from and against all costs (including attorneys’ fees and costs of suit), losses, damages, claims, demands, liabilities, or causes of action arising out of or relating to any alterations, decorations, additions or improvements made by itTenant to the Premises, provided including but not limited to any damage to Premises resulting from such removal is repairedmechanics’ or materialmen’s liens asserted in connection therewith. Also, upon The indemnity obligations of Tenant set forth herein shall survive the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: provided, however, in the event Landlord has not commenced litigation against Tenant regarding the indemnity obligations of Tenant set forth herein within two (i2) remove any years after the expiration or earlier termination of this Lease, this indemnity shall survive such alterations expiration or additions and repair any damage to the Premises earlier termination of this Lease for a period of two (or the buildings in which the Premises are located2) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesyears.
Appears in 2 contracts
Samples: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant (a) Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be made, made any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Improved Leased Premises without the prior written approval consent of LandlordLessor. All alterations, which approval shall not be unreasonably withheld additions or delayed. Notwithstanding the foregoing, Tenant improvements approved by Lessor shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinmade solely at Lessee's expense by a contractor approved by Lessor, shall be defined made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 6, and any fixtures installed as any alterationsa part thereof, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, either: (i) and Lessee shall promptly remove any such alterations or additions the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor or any mortgagee in the Improved Leased Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Leased Premises and/or the interest of Lessor, or any mortgagee of Lessor, or the buildings in which or improvements thereon to be erected on the Improved Leased Premises are locatedor any of the equipment thereof.
(d) occasioned In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by their installation or removal Lessee, its agents, employees, contractors, subcontractors, and restore materialmen, being filed against the interest of Lessor, any mortgagee of Lessor and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises to substantially the same condition as existed prior to the time when and any such alterations interest therein to be released from the legal effect of such lien or additions were madeclaim, either by payment or (ii) reimburse Landlord for by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the interest from such claim or in any manner satisfactory to Lessor, and any mortgagee of Lessor. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of removing such alterations contest, and Lessee remains liable to pay or additions discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and the restoration holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of the Premisessuch contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 2 contracts
Samples: Commercial Lease Agreement (Embassy Bancorp, Inc.), Commercial Lease Agreement (Embassy Bancorp, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make any alterations or cause improvements to be madethe Premises for Subtenant's use or occupancy thereof; however, any alterations, additions, or improvements, or install or cause Sublandlord shall reimburse Subtenant for up to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration $150,000.00 of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions actual paid invoices reflecting alterations or improvements made by itSubtenant to the Subleased Premises on or before August 31, provided 2002. In addition, Sublandlord shall cooperate with Subtenant to assist in Subtenant's reuse of Sublandlord's network cabling and in resolving any damage to Premises resulting from such removal is repaired. Also, upon questions regarding the expiration compliance of the Initial Term Subleased Premises with applicable life safety codes. Notwithstanding any provisions of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages the Master Lease to the Premises resulting from such removal. During the termcontrary, Tenant Subtenant shall not make any alterations, additions, improvements, non-cosmetic changes improvements or other material changes to installments in the Subleased Premises without in each instance obtaining the prior written approval consent of Landlordboth Master Landlord and Sublandlord, which approval consent shall not be unreasonably withheld withheld, delayed or delayedconditioned. Notwithstanding Sublandlord hereby consents to Subtenant's initial proposed alterations, additions and improvements shown on Exhibit D. If Sublandlord and Master Landlord consent to any such alterations, improvements or installations, Subtenant shall perform and complete such alterations, improvements and installations at its expense, in compliance with applicable laws and the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentMaster Lease. Minor Alterations, as used herein, shall be defined as If Subtenant performs any alterations, improvementsimprovements or installations without obtaining the prior written consent of both Master Landlord and Sublandlord, etc. made to the Premises Sublandlord (excluding the facade thereofor Master Landlord) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any may remove such alterations, additionsimprovements or installations, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions restore the Subleased Premises and repair any damage arising from such removal or restoration, and Subtenant shall be liable for all costs and expenses incurred in the performance of such removal, repairs or restoration. At the Master Landlord's option, all alterations, additions and improvements (except trade fixtures) shall be and remain the property of the Master Landlord upon installation and shall be surrendered to the Premises (or Master Landlord upon the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madetermination of this Sublease, or (iiif the Master Landlord has so advised Subtenant at the time it consented to such alterations, additions or improvements) reimburse Landlord for the cost of removing such alterations or additions shall be removed by Subtenant and the Premises restored to their condition on the Commencement Date. If the Master Landlord requires such removal and restoration of and Subtenant fails to comply with such requirement, Sublandlord may undertake such removal and restoration and Subtenant shall be liable to Sublandlord for all costs and expenses incurred by the PremisesSublandlord in connection therewith.
Appears in 2 contracts
Samples: Sublease Agreement (Rsa Security Inc/De/), Sublease Agreement (Serena Software Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld or delayedas to nonstructural alterations. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor AlterationsLandlord may require, as used herein, shall be defined as any alterations, improvements, etc. made a condition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove granting its consent to any such alterations or physical additions, that Tenant agree to remove such alterations or physical additions and repair any damage to at the Premises (or end of the buildings in which the Premises are located) occasioned by their installation or removal lease term and restore the Premises to substantially the condition in which the same condition as existed prior to the time when any before such alterations or physical additions were made. At the end or other termination of this lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to such condition in which they are to be delivered to Landlord shall be borne by Tenant. All permanent alterations, additions or improvements made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on termination of this lease and shall remain on the Premises without compensation to Tenant. All temporary alterations, furniture, movable trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or (ii) reimburse Landlord for if not so removed shall at the cost option of removing Landlord, become the property of Landlord. All such alterations installations, removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Premises or additions and the restoration primary structure or structural qualities of the PremisesBuilding or the plumbing, electrical lines or other utilities.
Appears in 2 contracts
Samples: Annual Report, Office Lease Agreement (Sonus Networks Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make cut, drill into, disfigure, deface or injure any part of the Premises or Building, nor obstruct or permit any obstruction, alternation, addition, improvement, decoration or installation in the Premises or Building. All alterations, additions, improvements, non-cosmetic changes decorations or other material changes installations, including but not limited to partitions, railing, air conditioning ducts or equipment (except movable furniture and fixtures put in at the expense of Tenant and removable without defacing or injuring the Building or the Premises) shall become the property of Landlord at the termination of this Lease. Landlord, however, reserves the option to require Tenant, upon demand in writing, to remove all fixtures and additions improvements, decoration or installations (including those not removable without defacing or injuring the Premises) and to restore the Premises and the Building to the same condition as when originally leased to Tenant, reasonable wear and tear excepted; provided, however, Landlord shall not have the right to require Tenant to remove any fixtures, additions, improvements, decorations, and/or installations which are initially installed by and for Tenant in order to prepare the Premises for occupancy by Tenant in a manner which has been approved by Landlord. Tenant agrees to restore the Premises immediately upon the receipt of the said demand in writing at its own cost and expense and agrees in case of his failure to do so, that Landlord may do so and collect the cost thereof from Tenant upon demand. Tenant will, at Tenant's own expense, keep the Leased Premises in good repair and tenantable condition during the lease term and will replace at its own expense any and all broken glass caused by Tenant in and about the Premises. Tenant will make no alterations, additions or improvements in or to the Premises without the prior written approval consent of Landlord, which approval shall not be unreasonably reasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (insofar as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcnon-structural alterations are concerned., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)
ALTERATIONS AND IMPROVEMENTS. (a) With respect to the initial tenant improvements to be performed at the Premises, Landlord shall perform the improvements to the Premises set forth in the plans and specifications annexed hereto as Exhibit C ("Landlord's Work"). All costs and expenses incurred by Landlord in respect of the Landlord's Work in excess of Seventy Thousand One Hundred Ten and No/100 Dollars ($70,110.00) or Nine and No/100 Dollars ($9.00) per rentable square foot of Premises (the "Allowance") shall be borne by Tenant, and Tenant shall have reimburse Landlord for any such excess cost within fifteen (15) days after Landlord's demand therefor, provided that Tenant has approved any excess amount in advance. Tenant shall give Landlord written notice of any incomplete work, unsatisfactory conditions or defects in the right Demised Premises within thirty (30) days after the Commencement Date and Landlord shall, at its sole expense, complete said work and/or remedy such unsatisfactory conditions or defects as soon as possible. The existence of any time throughout incomplete work, unsatisfactory conditions or defects as aforesaid shall not affect the term Commencement Date or the obligation of this Lease Tenant to pay rent, Additional Rent and all other charges hereunder, provided that the Premises has been substantially completed as required herein and a certificate of occupancy has been issued by the local building authority.
(b) Tenant shall not make any extensions hereof, to make alterations or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s improvements without the prior written approvalconsent of Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this LeaseLandlord may elect to perform on Tenant's behalf any alterations or improvements requested by Tenant. If alterations or improvements requested by Tenant are made by Landlord, Tenant shall have pay Landlord within ten (10) days of demand the option to remove such alterationscost therefor, decorations, additions or improvements made as determined by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without plus 7% for Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment's overhead and profit. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify gives its consent to the making of alterations or improvements by Tenant, all such work shall be done in writingaccordance with such requirements and upon such conditions as Landlord, along in its reasonable discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration or improvement is solely for Landlord’s approval notice's benefit, of whether and without any representation or warranty whatsoever to Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage with respect to the Premises adequacy or correctness thereof or otherwise.
(c) Tenant shall defend, indemnify and save Landlord harmless from and against any and all mechanics', materialmen's and other liens and encumbrances filed by any person claiming through or the buildings under Tenant, including security interests in which the Premises are located) occasioned by their installation any materials, fixtures, equipment or removal any other improvements or appurtenances installed in and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration constituting part of the Premises, and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred by Landlord in connection with any such lien or emcumbrance or any action or proceeding brought thereon or in connection therewith. Tenant at its expense shall procure the satisfaction, discharge or bond of record of all such liens and encumbrances within sixty (30) days after the filing thereof.
Appears in 2 contracts
Samples: Sublease Agreement (Accord Networks LTD), Sublease Agreement (Accord Networks LTD)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s 's prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s 's prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildingsBuilding, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s 's approval notice, of whether Tenant shall, upon termination of this Lease, either: :
(i) remove any such alterations or additions and repair any damage to the Premises (Buildings or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Samples: Lease Agreement (Fidelity National Title Group, Inc.), Lease Agreement (Fidelity National Title Group, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant A. Lessee shall make no changes, improvements, alterations, or additions to the leased premises unless such changes, improvements, alterations, or additions:
1) Are first approved in writing by Lessor. Lessor shall not unreasonably withhold approval.
2) Are not in violation of restrictions placed on Lessor by lenders or other third parties.
3) Will not materially alter the character of the leased premises.
4) Will not substantially lessen the value of the leased premises.
5) Are made in a workmanlike manner, utilizing good quality materials.
B. Lessee shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the leased premises, and fasten the same to the premises.
C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Lessee at the commencement of the Lease term or placed or installed on the leased premises by Lessee thereafter, shall remain Lessee's property free and clear of any claim by Lessor. Lessee shall have the right to remove the same at any time throughout during the term of this Idaho Commercial Lease provided that all damage to the leased premises caused by such removal shall be repaired by Lessee at Lessee's expense.
D. All improvements made by Lessee to the leased premises which are so attached to the leased premises that they cannot be removed without material injury to the leased premises, shall become the property of the Lessor upon installation.
E. Not later than the last day of the Term, Lessee shall, at Lessee’s sole expense
1) Remove all of Lessee’s personal property and any extensions hereofthose improvements made by Lessee which have not become the property of Lessor, to make including trade fixtures, cabinetwork, movable paneling, partitions, and the like,
2) Repair all injury done by or cause to be made, any alterations, additions, in connection with the installation or removal of such property and improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, and
3) Surrender the leased premises in as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon good condition as they were at the expiration beginning of the Initial Term, reasonable wear and tear excepted.
F. All property remaining on the leased premises after the last day of the Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant Idaho Commercial Lease shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentconclusively deemed abandoned and may be removed by Lessor. Minor Alterations, as used herein, Lessee shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Lessor for the cost of removing such alterations or additions and the restoration of the Premisesremoval.
Appears in 2 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages no alterations to the Leased Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises Grounds without the prior written approval consent of Landlord. Any alterations, which approval changes, or improvements built, constructed, planted, or placed anywhere in or on the Leased Premises or Grounds by Tenant, with the exception of fixtures removable without damage to the Leased Premises and movable personal property, shall, unless otherwise provided by a written agreement between the parties, be the property of Landlord and remain on the Leased Premises after expiration or termination of this Lease. Landlord reserves the right to alter, move, remove, or cut any improvement Tenant makes to or on the Leased Premises or Grounds including, without limitation, trimming, cutting, pruning, and removing flowers, shrubs and trees. Tenant shall not be unreasonably withheld install additional locks or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) gates on any door or window without Landlord’s prior written consent. Minor AlterationsIf Landlord permits Tenant to install new or different locks, Tenant shall provide Landlord with a key for each lock. Upon expiration or termination of this Lease, Tenant shall provide Landlord with all keys. Landlord may charge Tenant for unreturned keys, as used hereinprovided for in paragraph 7 of this Lease. Landlord shall provide reasonable accommodations to Tenant’s disabilities (if any), shall be defined as any alterationsincluding making changes to rules, improvementspolicies, etc. made or procedures, and making and paying for structural alterations to the Leased Premises or Grounds; provided, however, that Landlord shall not provide accommodations that constitute a fundamental alteration to Landlord’s program or which would pose a substantial financial and administrative hardship to Landlord. Landlord may, however, permit Tenant to make alterations to the Leased Premises to accommodate Tenant’s disabilities (excluding other than alterations required of Landlord). If alterations are approved, Landlord may require that Tenant restore the facade thereof) which do not affect the structure interior or exterior of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, Leased Premises to its pre-Lease condition upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant a. Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make any alterations or cause improvements to be made, the Subleased Premises for Subtenant's use or occupancy thereof. Notwithstanding any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration provisions of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Primary Sublease to the Premises resulting from such removal. During the termcontrary, Tenant Subtenant shall not make any alterations, additionsadditions or improvements (collectively, improvements, non-cosmetic changes or other material changes to “Subtenant Improvements”) in the Subleased Premises without in each instance obtaining the prior written approval consent of Landlordboth Primary Sublandlord and Sublandlord, which approval shall not consent such parties may grant, withhold or condition in their respective sole and absolute discretion. Any approved Subtenant Improvements must be unreasonably withheld or delayed. Notwithstanding completed in accordance with plans and specifications previously approved by Sublandlord and Primary Sublandlord.
b. If Subtenant performs Subtenant Improvements without obtaining the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsconsent of both Primary Sublandlord and Sublandlord, as used hereinSublandlord (or Primary Sublandlord) may remove the Subtenant Improvements, shall be defined as any alterations, improvements, etc. made to restore the Subleased Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage arising from such removal or restoration, and Subtenant shall be liable for all costs and expenses incurred in the performance of such removal, repairs or restoration. If Sublandlord and Primary Sublandlord consent to any Subtenant Improvements, Subtenant shall perform and complete Subtenant Improvements at its expense, in compliance with applicable laws and the Premises (or Primary Sublease, and, upon installation, the buildings in which Subtenant Improvements shall be the Premises are located) occasioned by their installation or removal and restore property of the Premises to substantially Sublandlord.
c. At Sublandlord's option, Subtenant shall remove the same condition as existed Subtenant Improvements prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration end of the PremisesSublease Term and shall restore the Subleased Premises to their condition as of the Sublease Commencement Date. If Sublandlord requires such removal and restoration and Subtenant fails to comply with such requirement, Sublandlord may, but shall not be obligated to, undertake such removal and restoration and Subtenant shall be liable to Sublandlord for all costs and expenses incurred by the Sublandlord in connection therewith.
d. If the Sublandlord is required by the Prime Landlord to carry out any restorations or other work on the Subleased Premises pursuant to the Sublandlord’s obligations to the Primary Sublandlord under the Primary Sublease, the Subtenant shall permit same to be performed without being entitled to any reduction in rental or other compensation. Sublandlord shall complete all such work in a manner so as to not unreasonably interfere with the use and occupancy of the Subleased Premises by Subtenant.
Appears in 2 contracts
Samples: Sublease (Cord Blood America, Inc.), Sublease (Cord Blood America, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant shall not have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, improvements in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld with regard to non-structural work only. Should Tenant desire to perform alterations or delayedimprovements upon the Premises, it shall, prior to commencing the work, transmit a reasonably detailed description of the work to Landlord, including drawings and/or plans. Within ten (10) business days of receipt of the same, Landlord shall notify Tenant as to its approval or disapproval of the proposed alteration, addition or improvement. If Landlord rejects such proposed alteration, addition or improvement and Tenant submits revised plans, then Landlord shall have five (5) business days after receipt to reject or approve the alteration, addition or improvement described in such revised plans. All work on such improvements shall be performed at Landlord’s election by either (i) Landlord’s employees or its designated agents or contractors or (ii) contractors selected by Tenant and reasonably approved by Landlord. If Tenant’s contractor is used for such work, Tenant shall provide Landlord with (x) evidence of contractor’s and subcontractors’ insurance in amounts reasonably required by Landlord, naming Landlord as an additional insured party and (y) any security for the performance of the work in amounts reasonably required by Landlord. All such work that Tenant is entitled to make hereunder, shall be done in a good and workmanlike manner and shall not impair the structural integrity of the Building. Any mechanic’s lien filed against the Premises or the Building for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant within thirty (30) days after Tenant receives notice thereof, at Tenant’s expense, by payment or filing the bond required by law. Tenant shall obtain all required building permits prior to commencing any construction in the Premises and arrange for all required municipal or governmental inspections upon completion of any construction. Upon the termination of this Lease, any or all such alterations, additions or improvements shall, at the option of Landlord, (1) become the property of Landlord or (2) be removed by Tenant; provided that, at the time of Tenant’s request for Landlord’s consent to make such alterations, additions or improvements, Tenant may request Landlord to specify at such time whether such alterations, additions or improvements, if consented to by Landlord, would become the property of Landlord or be required to be removed by Tenant upon the termination of this Lease and Landlord shall comply with such request and abide by its decision accordingly. Notwithstanding the foregoing, Tenant all of Tenant’s trade fixtures and equipment shall remain its property and shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to removed at the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations . Tenant shall repair all damage or additions and repair any damage defacement to the Premises (or Premises, the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions Building and the restoration fixtures, appurtenances and equipment of Landlord, caused by Tenant’s removal of its furniture, fixtures, equipment, machinery and the Premiseslike and the removal of any improvements or alterations.
Appears in 2 contracts
Samples: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)
ALTERATIONS AND IMPROVEMENTS. a. Landlord shall make the improvements as specified in Fxhibit "A" and "B" at no additional charge. Tenant, upon agreement of the Landlord, may modify these improvements with the written approval of the County Environmental Protection Department Director and facilities Manager, provided said modifications do not alter the rent. The Tenant reserves the right to make alternations to the leased premises during the term of the lease with written approval of the Landlord. Approval shall not be unreasonably withheld. Tenant shall also have the right to make alteration to the premises, subject to approval of the landlord, prior to the date of useful occupancy. The landlord shall provide reasonable access for the County and its contractors to the premises.
b. At the termination of the lease term by lapse of time or otherwise, the Tenant shall have the right to remove all personal property and fixtures of the Tenant brought onto or into the premises by the 1 enant or at any time the expense of the Tenant.
c. Tenant is allowed to install conduit into the building and install optical XXXXXXXX LFASP - 40« W Umwrsuv Ave 6-24-2011 Page 2 of 17 fiber throughout the term building as ncccssary. Tenant will notify Landlord of this Lease its cable design and any extensions hereof, installation plan. The landlord may request reasonable modification to make or cause such plans and may provide a recommendation as to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as the location of the fiber. Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of remove this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, equipment upon termination of this Lease, either: (i) remove any such alterations or additions .
d. Tenant may utilize the existing conduit in the building for its communications and repair any damage data needs. Tenant may attach communications equipment to the Premises (roof of the Seaglc Building or the buildings Scaglc Building Annex subjcct to approval of the Landlord and in which accordance with all building codes and, regulations. Approval shall not be unreasonably withheld. Any fiber, wire or conduit or communications equipment installed by Tenant may be removed by Tenant upon termination of the lease. Landlord understands that the ability to connect this communications equipment is ncccssary for the proper use of the Premises are located) occasioned by their installation Tenant and Landlord shall make every reasonable effort to accommodate Xxxxxx's needs and requests. Tenant may remove this equipment upon termination of this lease.
c. Tenant shall pay for any required permits for modifications or removal and restore alternation made by the Premises Tenant.
f. The Landlord is authorized to substantially modi ly the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration build out specified in Exhibit B with approval of the Premises.County Facility Manager and County linvironmental Protection Director provided said modifications do not increase the lease rate set forth in Section 4
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant A. Lessee shall make no changes, improvements, alterations, or additions to the leased premises unless such changes, improvements, alterations, or additions:
1) Are first approved in writing by Lessor. Lessor shall not unreasonably withhold approval.
2) Are not in violation of restrictions placed on Lessor by lenders or other third parties.
3) Will not materially alter the character of the leased premises.
4) Will not substantially lessen the value of the leased premises.
5) Are made in a workmanlike manner, utilizing good quality materials.
B. Lessee shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the leased premises, and fasten the same to the premises.
C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Lessee at the commencement of the Lease term or placed or installed on the leased premises by Lessee thereafter, shall remain Lessee's property free and clear of any claim by Lessor. Lessee shall have the right to remove the same at any time throughout during the term of this Hawaii Commercial Lease provided that all damage to the leased premises caused by such removal shall be repaired by Lessee at Lessee's expense.
D. All improvements made by Lessee to the leased premises which are so attached to the leased premises that they cannot be removed without material injury to the leased premises, shall become the property of the Lessor upon installation.
E. Not later than the last day of the Term, Lessee shall, at Lessee’s sole expense
1) Remove all of Lessee’s personal property and any extensions hereofthose improvements made by Lessee which have not become the property of Lessor, to make including trade fixtures, cabinetwork, movable paneling, partitions, and the like,
2) Repair all injury done by or cause to be made, any alterations, additions, in connection with the installation or removal of such property and improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, and
3) Surrender the leased premises in as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon good condition as they were at the expiration beginning of the Initial Term, reasonable wear and tear accepted.
F. All property remaining on the leased premises after the last day of the Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant Hawaii Commercial Lease shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentconclusively deemed abandoned and may be removed by Lessor. Minor Alterations, as used herein, Lessee shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Lessor for the cost of removing such alterations or additions and the restoration of the Premisesremoval.
Appears in 2 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement
ALTERATIONS AND IMPROVEMENTS. (a) Subject in each case to the requirements of Paragraph 13(b), Tenant shall have the right, without having obtained the prior written consent of Landlord or Lender and provided that no Event of Default then exists, (i) to make Pre-Approved Alterations and (ii) to install or replace Fixtures or accessions to the Fixtures. If Tenant desires to make any Major Alteration to either Related Premises the prior written approval of Landlord and Lender shall be required. Withholding of such approval shall be deemed reasonable only if the proposed Major Alteration will, in the judgment of Landlord or Lender, as applicable, in each case exercised reasonably and in good faith, fail to meet the requirements of Paragraph 13(b). Any such withholding of approval shall be evidenced by notice to Tenant, given within thirty (30) days after Tenant has submitted to Landlord design drawings prepared by a licensed architect or engineer if a building permit is required, or, if no building permit is required, such other reasonably detailed description of the proposed Major Alteration, which shall be sufficient to permit Landlord and Lender to make the determination required hereby, setting forth the reason(s) for such withholding of approval. Tenant shall promptly furnish Landlord with such other information as Landlord may reasonably request during such thirty (30) day period regarding such proposed Major Alteration. In the absence of such notice by Landlord or Lender, Landlord and Lender's approval of the proposed Major Alteration shall be deemed given so long as Tenant's request for approval is conspicuously marked in all capitals on both the outside of the package and within such correspondence with the notation "THIS REQUEST FOR APPROVAL SHALL BE DEEMED GRANTED UNLESS RESPONDED TO WITHIN THIRTY (30) DAYS OF RECEIPT". Upon not less than thirty (30) days prior notice (which notice shall include design drawings or other description sufficient to permit Landlord and Lender to make the determination required hereby), Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make Major Replacements unless, within said thirty (30) day period, Landlord furnishes Tenant with a notice objecting to the Major Replacement, which Landlord notice shall be accompanied by the certification of an independent architect or, if applicable, engineer that the proposed Major Replacement constitutes a material modification of the structure it is replacing (and, therefore, constitutes a Major Alteration) or cause such Major Replacement, if completed in the manner proposed, will be of such lesser quality or utility as to be made, below any alterations, additions, reasonable standards for comparable buildings in the applicable locale. Tenant shall not construct upon the Land any additional buildings (other than storage sheds or improvements, garages not requiring foundations) or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s underground storage tanks without having first obtained the prior written approval, consent of Landlord and Lender which approval shall not as to underground storage tanks may be unreasonably withheld by Landlord or delayedLender in their sole and absolute discretion. Upon the expiration or termination of the Initial Term with respect to a Related Premises, Landlord shall have the right to require Tenant to remove any Alterations except for Pre-Approved Alterations which complied with Paragraph 13(b), Major Replacements, Alterations required by Law and Alterations which Landlord approved in writing, unless such approval was specifically conditioned upon removal of such Alteration.
(b) If Tenant makes any Alterations pursuant to this Paragraph 13 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as "Work"), then (i) the market value and utility of the applicable Related of Premises shall not be lessened by any such Work, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the requirements of all insurance policies required to be maintained by Tenant hereunder, (v) if any such Work involves the replacement of Fixtures or parts thereto, all replacement Fixtures or parts shall have a value and useful life equal to (A) if the Fixtures are being replaced because they are obsolete or worn out, the value and useful life on the date hereof of the Fixtures being replaced or (B) if the Fixtures are being replaced because of damage or the occurrence of a Casualty, the value and useful life of the Fixtures being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Fixtures were then in the condition required by this Lease), (vi) subject to Paragraph 14, Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such Work, (viii) all such Work shall be the property of Landlord and shall be subject to this Lease, and Tenant shall have execute and deliver to Landlord any document requested by Landlord evidencing the option assignment to remove Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or any other Person thereto or therein, (ix) if any such alterationsAlterations are Major Alterations or Major Replacements, decorations, additions or improvements made by it, provided any damage Tenant shall provide to Premises resulting from such removal is repaired. Also, upon the expiration Landlord reasonable financial assurances of the Initial Term availability of funds necessary to complete such Alterations and (x) Tenant shall comply, to the extent requested by Landlord or required by this Lease, Tenant if requested by Landlord shall remove any signs with the provisions of Paragraphs 12(a) and repair any damages to the Premises resulting from 19(a), whether or not such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the Work involves restoration of the Leased Premises.
Appears in 2 contracts
Samples: Lease Agreement (Truserv Corp), Lease Agreement (Corporate Property Associates 15 Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld or delayedas to nonstructural alterations. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor AlterationsLandlord may require, as used herein, shall be defined as any alterations, improvements, etc. made a condition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove granting its consent to any such alterations or physical additions, that Tenant agree to remove such alterations or physical additions and repair any damage to at the Premises (or end of the buildings in which the Premises are located) occasioned by their installation or removal lease term and restore the Premises to substantially the condition in which the same condition as existed prior to the time when any before such alterations or physical additions were made. At the end or other termination of this lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to such condition in which they are to be delivered to Landlord shall be borne by Tenant. All permanent alterations, additions or Improvements made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on termination of this lease and shall remain on the Premises without compensation to Tenant. All temporary alterations, furniture, movable trade fixtures and equipment installed and paid for by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or (ii) reimburse Landlord for if not so removed shall at the cost option of removing Landlord, become the property of Landlord. All such alterations installations, removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Premises or additions and the restoration primary structure or structural qualities of the PremisesBuilding or the plumbing, electrical lines or other utilities.
Appears in 2 contracts
Samples: Annual Report, Office Lease Agreement (Sonus Networks Inc)
ALTERATIONS AND IMPROVEMENTS. Subject to the terms of the Existing Lease referred to in Section 1.2 above and subject to the last two (2) sentences of this Section 7.1, Tenant shall have the right, without obtaining any consent from Landlord therefore, from time to time during the term of this Lease, to erect any lawful building or buildings or other lawful improvements upon the demised premises of any kind, nature or description, as it deems desirable, and to make repairs, changes, alterations, additions and other improvements thereto, structural or otherwise, and to demolish and remove any of the same, as Tenant may from time to time deem necessary or desirable provided, however, that no such alteration, demolition or addition shall diminish the value of the demised premises when considering the aggregate effect of alterations, demolition or additions made by Tenant to the demised premises. Also, subject to the Existing Lease and the terms of any other leases or subleases entered into by Tenant for any portion of the demised premises, Tenant shall have the right at any time throughout during the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additionsLease, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon at the expiration of the Initial Term term, as Tenant shall see fit, to remove any and all improvements erected, installed or placed on the demised premises prior to or during the term hereof by Tenant, notwithstanding the fact that any such improvements may be deemed part of this Leasethe realty, and notwithstanding any rule, regulation or statute to the contrary. In the event Landlord has approved the specific structural alteration or demolition, Tenant shall have no obligation to restore the option demised premises except as otherwise set forth in the Existing Lease or as set forth in any other leases or subleases entered into by Tenant for any portion of the demised premises. In the event Landlord has not approved specific structural alterations or demolition in advance, then Tenant shall either restore the building and the demised premises with respect to remove such alterations, decorations, additions unapproved structural alteration or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, demolition upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions or, if this Lease is to expire at the end of the Original Term, and repair any damage if Tenant does not so restore the demised premises and the building, then Landlord shall have the right to "put" the demised premises to Tenant at the Purchase Price referred to in Article 16 below and Tenant shall be obligated to purchase the demised premises at the Purchase Price pursuant to the Premises (or the buildings process provided in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Section 16.3 below for the cost of removing such alterations or additions and the restoration of the PremisesPut Option.
Appears in 2 contracts
Samples: Lease Agreement (Brooks-Pri Automation Inc), Lease Agreement (Brooks Automation Inc)
ALTERATIONS AND IMPROVEMENTS. 9.1 Landlord understands that Tenant shall have has made and may in the right at any time throughout future make substantial improvements to the term interior of this Lease the Demised Premises including, but not limited to, the installation of the mezzanine, partitions, dropped ceilings, conduit, raised flooring, electrical systems, fire sprinkler systems, heating, ventilating and any extensions hereofair-conditioning systems, and other improvements necessary or desirable to prepare the Demised Premises for Tenant’s occupancy thereof (the “Tenant Improvements”).
9.2 Tenant may not make or cause to be made, any structural alterations, additions, additions or improvements, or install or cause improvements to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with the Demised Premises (“Structural Alterations”) without the consent of the Landlord’s prior written approval, which approval consent shall not be unreasonably withheld withheld, conditioned or delayed. Upon the expiration Landlord will review and consent or object in writing to Tenant’s submission of the Initial Term Tenant’s plans for structural alterations within ten (10) days of this Lease, Tenant receipt thereof. Landlord’s failure to respond within ten (10) days shall have the option to remove such operate as a refusal of consent. Landlord’s consent shall not be required for nonstructural alterations, decorations, additions or improvements made by itto the Demised Premises (“Nonstructural Alterations”). Tenant’s Structural Alterations and Nonstructural Alterations are sometimes hereinafter referred to as “Alterations”. In the event Landlord does not consent to the Tenant’s plans for Structural Alterations, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration Landlord shall specifically inform Tenant of the Initial Term reason for denial of this Lease, Tenant if requested such consent. Any work undertaken by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall be performed in compliance with all applicable codes and standards including, but not make any alterationslimited to, additionsthe New Jersey Uniform Construction Code.
9.3 Tenant, improvementsat Tenant’s sole cost and expense, non-cosmetic changes or other material changes shall prepare all necessary plans and specifications for the design and construction of all Tenant Improvements (the “Tenant Plans”). The Tenant Plans shall be subject to the Premises without the prior written review and approval of by Landlord, which approval Landlord shall not unreasonably delay or withhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Any material changes by Tenant to the Tenant Plans, once approved by Landlord, shall likewise be subject to review and approval by Landlord, which approval Landlord shall not unreasonably withheld delay or delayedwithhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Notwithstanding the foregoing, Tenant shall cause the construction and installation of the Tenant Improvements to be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made in compliance with the approved Tenant Plans.
9.4 In addition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.other provisions set forth in this Section 9, Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether and Tenant shall, upon termination of this Lease, eitheragree that: (i) remove any such alterations or additions each shall require all contractors retained by it to indemnify and repair any damage hold harmless Landlord and Tenant to the Premises (maximum extent permitted by law, to comply with all safety rules and regulations including, but not limited to OSHA regulations, and take all safety measures reasonably required to protect Landlord and Tenant and their respective agents, contractors and employees from injury or damage caused by or resulting from the buildings in which performance of the Premises are located) occasioned by their installation or removal and restore construction activities at the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or Demised Premises; (ii) reimburse all construction contracts in connection with construction activities at the Demised Premises shall contain provisions that obligate the contractors to: (a) carry public liability and property damage insurance with a combined single limit of not less than $5,000,000.00; and (b) carry workmen’s compensation insurance in compliance with New Jersey law.
9.5 The review and approval by Landlord of the plans and specifications for the cost Tenant Improvements is solely for the benefit of removing such alterations or additions Landlord, and, in reviewing and approving the restoration same, Landlord assumes no liability for the design of the Tenant Improvements or the adequacy thereof, nor shall such review or approval by Landlord release Tenant from any obligation or liability in respect thereof.
9.6 Upon Tenant’s request, from time to time, Landlord shall promptly submit to Tenant the current copies of any and all plans, specifications and/or working drawings relative to the Demised Premises which have not been previously submitted to Tenant pursuant to other provisions of this Lease. Upon Landlord’s request, from time to time, Tenant shall promptly submit to Landlord then current copies of any and all plans, specifications and/or working drawings relative to the Tenant Improvements which have not been previously submitted to Landlord pursuant to other provisions of this Lease. Landlord will not impose any fee for review or approval of the plans for the Tenant Improvements. Landlord will not impose any fees for construction, supervision, or plan review unless Landlord is acting as the general contractor.
9.7 Neither party shall, at any time prior to or during the Term, directly or indirectly employ or permit the employment of, any contractor, mechanic or laborer in the Demised Premises if such employment would interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Demised Premises. In the event of such interference or conflict, each party, upon demand of the other, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Demised Premises immediately.
9.8 Tenant shall, in connection with the construction and installation of Tenant Improvements, comply with all applicable laws, ordinances, rules and regulations and shall, with Landlord’s assistance as may be required, obtain all permits and approvals required or necessary thereunder in order for Tenant to perform the Tenant Improvements.
9.9 If, because of any acts or omission of Tenant or anyone claiming through or under Tenant, any mechanic’s or materialmen’s notice of intention or mechanic’s or materialmen’s or other construction lien or order for the payment of money shall be filed against the Demised Premises, or against Landlord (whether or not such lien or order is valid or enforceable as such), Tenant shall, at Tenant’s own cost and expense, cause the same to be canceled and discharged of record or bonded off within forty-five (45) days after the date of filing thereof, and shall also indemnify and save harmless Landlord from and against any and all costs, expenses, claims, losses or damages, including reasonable counsel fees, resulting therefrom or by reason thereof. If, because of any acts or omission of Landlord or anyone claiming through or under Landlord, any mechanic’s or materialmen’s notice of intention or mechanic’s or materialmen’s or other construction lien or order for the payment of money shall be filed against the Demised Premises, or against Tenant (whether or not such lien or order is valid or enforceable as such), Landlord shall, at Landlord’s own cost and expense, cause the same to be canceled and discharged of record or bonded off within forty-five (45) days after the date of filing thereof, and shall also indemnify and save harmless Tenant from and against any and all costs, expenses, claims, losses or damages, including reasonable counsel fees, resulting therefrom or by reason thereof.
Appears in 2 contracts
Samples: Lease Agreement (SunGard VeriCenter, Inc.), Lease Agreement (Sungard Capital Corp Ii)
ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have not make or perform, or permit the right making or performance of, any initial or subsequent tenant finish work or any alterations, installations, decorations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord agrees not to withhold its consent unreasonably to any nonstructural Alterations proposed to be made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may from time to time reasonably designate. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. No Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value or utility of the Building. No alteration shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration. Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. If Landlord shall require to assure payment of all costs of such alterations, prior to commencement of any approved Alteration. Tenant shall cause to be issued and delivered to Landlord an irrevocable documentary letter of credit or payment bond in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole or in part, from time to time to the order of Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to the obligation secured thereby. The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations. Tenant shall cause its contractor to provide Landlord with a certificate of completion of the Alterations and a bills paid affidavit and full lien waiver: and upon receipt of same, and no fewer than thirty-one (31) days following completion, if Tenant is not in default hereunder, Landlord shall return the letter of credit to Tenant unused and endorsed for cancellation. Tenant shall, if requested by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with all applicable laws, orders and regulations of Federal, State, County, and Municipal authorities and with all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the Dallas Board of Fire Underwriters or any similar body. All alterations shall be made and performed in accordance with the Building rules. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises, Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the city in which the Leased Premises are located. Tenant shall furnish such certificate to Landlord promptly after issuance of same.
(b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employ or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant, or other, in the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics, or laborers causing such interference or conflict to leave the Building immediately.
(c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense, or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause to be and other property which have been installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as at the sole expense of Tenant may deem necessary or suitable with Landlord’s prior written approval, and which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any are removable without material damage to the Leased Premises resulting from such removal is repairedshall be and remain the property of Tenant. Also, upon the expiration of the Initial Term of this Lease, At Landlord's option. Tenant if requested by Landlord shall remove any signs property belonging to Tenant at the end of the term hereof, and Tenant shall repair or, at Landlord's option, shall pay to Landlord the cost of repairing any damages to the Premises resulting damage arising from such removal. During the term, Tenant shall not make Any replacements of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at Tenant's expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Samples: Commercial Lease Agreement (Avanex Corp), Commercial Lease Agreement (Avanex Corp)
ALTERATIONS AND IMPROVEMENTS. (a) Tenant acknowledges that it is leasing the Leased Premises “as is” and “where is” and that Landlord is not responsible for making any Tenant improvements or alterations. Tenant shall have the right at not make any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, alterations additions or install installments to or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with at the Leased Premises without Landlord’s prior written approval, which approval shall will not be unreasonably withheld or delayed.
(b) Xxxxxx hereby releases and agrees to hold Landlord forever harmless from any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with improvements, alterations, additions or installations on or to the Leased Premises. Tenant shall pay the cost of all such improvements, alterations, additions, or installations and also the cost of interior painting, restoring or repairing the Building occasioned by such improvements, alterations, additions, or installations.
(c) Any improvements, alterations, additions or installations made by Tenant shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all applicable governmental authorities, and shall be constructed in a good and workmanlike manner., and shall immediately become the property of Landlord and surrendered to Landlord upon the expiration or termination of this Lease, unless required to be removed as provided in the next sentence. Upon the expiration of the Initial Term or other termination of this Lease, Tenant shall have the option to shall, upon written demand by Landlord, at Xxxxxx’s sole cost and expense, promptly and with all due diligence remove such any alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested and designated by Landlord to be removed and shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned Building caused by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesremoval.
Appears in 1 contract
Samples: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right not at any time throughout during the lease term make any alteration, addition or improvement to the Premises or any improvements located thereon, including without limitation creating any openings in the roof or exterior walls, without in each instance the prior written consent of Landlord. Landlord shall not unreasonably withhold its consent to minor, non-structural alterations and improvements made by Tenant, provided the costs of any such alterations or improvements shall not exceed $25,000.00. No alteration, addition or improvement to the Premises shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen's compensation coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen's compensation coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such alterations, additions or improvements. All alterations, additions and improvements (except Tenant's equipment, as hereinafter defined), made at the expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease and any extensions hereof, to make or cause to be made, any alterations, additionslease, or improvementsat Landlord's option, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Landlord may require Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal improvements and restore the Premises to substantially its original condition Landlord may require Tenant to remove such alterations, additions and improvements and restore the same condition as existed prior Premises to its original condition. Tenant, at its sole cost and expense, will make all additions, improvements and alterations on the Premises and to the time when improvements, appurtenances and equipment thereon which may be necessary by the act or neglect of any such other person or corporation (public or private), including supporting the streets and alleys adjoining the Premises. No additions, improvements or alterations or additions were made, or (ii) reimburse Landlord for exceeding the cost of removing such alterations or additions and $25,000.00 shall be commenced until Tenant has first satisfied the restoration of the Premisesrequirements set forth in Section 9.2 hereof.
Appears in 1 contract
Samples: Lease (Alaron Com Holding Corp)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have Without the right at any time throughout the term written consent of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not (a) make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without exterior of the prior written approval of LandlordBuilding, which approval shall not be unreasonably withheld or delayed(b) make any addition or alterations to the Leased Premises. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations certain cosmetic changes in order to make the Leased Premises suitable for Tenant’s occupancy and use before and during the Lease Term (hereinafter referred to as defined below) without “Tenant’s Work”). The scope of the initial Tenant’s Work is attached as Exhibit C and must be approved by Landlord. Tenant shall cause Tenant’s prior written consent. Minor AlterationsWork to be done in a good and workmanlike manner by competent, licensed contractors, in strict accordance with the plans and specifications approved by Landlord, and in compliance with all applicable laws, orders, rules, regulations, codes and requirements of any governmental authority affecting Tenant’s Work or the Leased Premises, including, but not limited to, the Americans With Disabilities Act, as used hereinit may be amended, and in compliance with any applicable insurance requirements (hereinafter collectively referred to as “applicable law or regulation”). Tenant shall obtain and furnish Landlord at Tenant’s expense any and all certificates and approvals with respect to Tenant’s Work and occupancy of the Leased Premises that may be required by any applicable law or regulation. Landlord shall have no liability whatsoever for loss, injury or damage to (a) Tenant’s Work; (b) fixtures, equipment or other property of Tenant or Tenant’s contractors; or (c) any other person or the property of any other person. Tenant shall indemnify and hold Landlord harmless from any claim, cost (including reasonable attorneys’ fees) or loss relating to Tenant’s Work and from any claim of nonpayment for any aspect of Tenant’s Work. All debris which accumulates in connection with Xxxxxx’s Work shall be defined as removed daily by Tenant at its sole expense. No person shall be entitled to any alterations, improvements, etc. lien directly or indirectly derived through or under Tenant or through or under any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever. Nothing in this Lease contained shall be construed to constitute consent by Landlord to the creation of any lien. In the event Tenant causes, suffers or permits the creation of any lien against the Leased Premises, or any part thereof, or a lien is filed because of alleged non-payment by Tenant, Tenant shall cause such lien to be released within ten (excluding the facade thereof10) which do not affect the structure days after Tenant’s actual notice of the buildingsfiling thereof, their systems or equipmentshall furnish Landlord a bond, in form, with surety, and in an amount satisfactory to Landlord, conditioned to indemnify Landlord against the foreclosure of such lien, and all matters and proceedings related thereto. If required by Landlord, during the performance of Tenant’s Work, Tenant shall maintain Builder’s Risk insurance on a non-reporting basis with “all risk” extended coverage endorsements on a completed value basis for full insurable value covering the Leased Premises from casualty resulting from Tenant’s Work, the interest of Tenant (and its contractors and subcontractors) in all work incorporated in the Leased Premises, and all materials and equipment on or about the Premises or incident to the construction thereof (but not including machinery, tools or equipment used by contractors or subcontractors). Tenant shall also provide Landlord approves any alterationswith all other policies and endorsements of insurance required by Landlord, additionsincluding, improvementsbut not limited to, etc., Independent Contractor’s coverage in Tenant’s General Liability policy and General Liability policies of insurance from Tenant’s contractors and subcontractors. Landlord shall notify be named an additional insured under all such policies of insurance which shall be written on terms and by companies satisfactory to Landlord. Tenant shall provide Landlord with copies of the policies and certificates evidencing that such insurance is in full force and effect and stating the terms thereof, prior to commencement of Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage Work. This paragraph shall not apply to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.initial Tenant’s Work set forth on Exhibit C.
Appears in 1 contract
Samples: Office Lease
ALTERATIONS AND IMPROVEMENTS. Tenant
(a) Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be made, made any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Improved Leased Premises without the prior written approval consent of LandlordLessor. All alterations, which approval shall not be unreasonably withheld additions or delayed. Notwithstanding the foregoing, Tenant improvements approved by Lessor shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinmade solely at Lessee's expense by a contractor approved by Lessor, shall be defined made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 5, and any fixtures installed as any alterationsa part thereof, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, either: (i) and Lessee shall promptly remove any such alterations or additions the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the buildings interest from such claim or in which any manner satisfactory to Lessor and any mortgagee. If Lessee desires to contest the Premises are located) occasioned by their installation validity of any lien or removal and restore the Premises to substantially the same condition as existed claim, Lessee may do so upon Lessor's prior to the time when any such alterations or additions were madewritten consent, or (ii) reimburse Landlord for provided Lessee sustains the cost of removing such alterations contest, and Lessee remains liable to pay or additions discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and the restoration holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of the Premises.such contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval Landlord shall not be unreasonably withheld required to alter or delayedimprove the Premises or the Building. Upon Tenant accepts the expiration of Premises in an "as is" condition and agrees to perform alterations or improvements to the Initial Term of this LeasePremises in accordance with plans and specifications prepared by a certified architect, all at Tenant's sole cost and expense, subject to Landlord's prior approval, and in accordance with all applicable laws, ordinances, rules and regulations. Prior to commencing any alteration or improvement to the Premises, Tenant shall have forward to Landlord three (3) sets of blueprints and one (1) set of sepias of Tenant's proposed work. Landlord may in its sole discretion impose requirements as to the option manner of performance of any work by or for Tenant in the Premises. All work shall be performed in a good and workmanlike manner using quality material and shall be promptly completed, lien-free, by a contractor who is insured, bonded and has been pre-approved by Landlord. Prior to remove the commencement of such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Leasework, Tenant if requested by agrees to deliver to Landlord shall remove any signs a Certificate of Worker's Compensation insurance in statutory limits from each contractor and repair any damages subcontractor as well as evidence of automobile insurance, including "non-owned" automobiles, covering personal injury, bodily injury and property damage, including death resulting therefrom, in the combined single limit amount of $1,000,000.00 and comprehensive general liability in the combined single limit amount of $1,000,000.00, with Landlord listed as an additional named insured. After the date hereof and prior to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoingRent Commencement Date, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made access to the Premises for the sole purpose of completing Tenant's Work (as hereinafter defined). Such access shall be subject to all of the terms and conditions of this Lease excluding the facade thereof) which do not affect the structure payment of the buildings, their systems or equipmentRent. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether reimburse Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing renovation or construction work performed by Tenant (excluding all consultation and design fees), in the amount and manner hereinafter provided. The amount of such alterations or additions reimbursement being hereinafter referred to as "Tenant's Allowance". It is understood and agreed that Tenant's Allowance shall cover the restoration cost of the construction to be completed by Tenant on the Premises and Licensed Areas, hereinafter referred to as "Tenant's Work", as delineated in the plans and specifications approved by Landlord. Tenant's Allowance shall not exceed (i) a total amount of Two and 00/100 Dollars ($2.00) per RSF in connection with Tenant's Work in the Licensed Areas, and (ii) a total amount of Ten and 00/100 Dollars ($10.00) per RSF in connection with Tenant's Work in the Premises, and, in no event shall Tenant's Allowance exceed the actual cost of construction of Tenant's Work as evidenced by the lowest competitive bid therefore, whichever is less. Landlord shall pay Tenant's Allowance to Tenant after the thirty seventh (37th) month of the Term upon satisfaction of the following conditions:
(a) That Tenant is not in default under any of the conditions, covenants, or agreements of this Lease;
(b) That Tenant's right and option to terminate this Lease pursuant to paragraph 55 hereof or otherwise has expired, terminated or is otherwise null and void and of no further force and effect, and (c)
(c) That Tenant's Work has been completed and that Tenant's architect has so certified to Landlord, subject, however, to Landlord's verification that Tenant's Work has been completed;
(d) That Tenant has furnished to Landlord Tenant's affidavit that Tenant's Work has been completed to its satisfaction and in strict accordance with the above-referenced plans and specifications, which affidavit may be relied upon by Landlord; and
(e) That Tenant has furnished to Landlord the affidavit of the general contractor performing Tenant's Work to the effect that Tenant's Work has been fully completed in accordance with the plans and specifications approved by Landlord and that all subcontractors, laborers and materials for Tenant's Work have been paid in full, and paid bills or paid invoices and such other evidence of same is forwarded to Landlord; Tenant agrees that it will provide a description of all work invoices and evidence of payment thereof, all in sufficient detail. Tenant shall provide Landlord with properly completed lien waivers executed by Tenant's general contractor, and as to labor and materials valued in excess of $5,000.00, every subcontractor and laborer participating in Tenant's work, and every material supplier delivering materials directly to the Premises. Tenant's failure to provide said lien waivers within thirty (30) days after the completion of renovation work in the Premises may be deemed a material default of this Lease. Tenant shall also submit a Certificate of Occupancy to Landlord upon demand therefor.
Appears in 1 contract
Samples: Lease Agreement (Tangibledata Inc)
ALTERATIONS AND IMPROVEMENTS. 9.1 Landlord understands that Tenant will be making substantial improvements to the interior of the Demised Premises including, but not limited to, partitions, dropped ceilings, conduit, raised flooring, electrical systems, fire sprinkler systems, heating, ventilating and air-conditioning systems, and other improvements necessary or desirable to prepare the Demised Premises for Tenant’s initial occupancy thereof (the “Initial Tenant Improvements”). The Initial Tenant Improvements shall have consist of all improvements made to the right at any time Demised Premises up to and including the date on which Tenant obtains its final Certificate of Occupancy for the Demised Premises. The Initial Tenant Improvements and all other improvements constructed or installed by or on behalf of Tenant throughout the term of this Lease and any extensions hereofTerm by Tenant, its contractors, and/or the Landlord or its affiliated companies shall be collectively referred to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as the “Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration Improvements.” As of the Initial Term Termination Date or such earlier date as Tenant’s right of possession is terminated under this Lease, the Tenant shall have at its sole cost and expense remove all Tenant Improvements (except as otherwise provided herein) and shall restore the option Landlord’s Premises to remove such alterations, decorations, additions or improvements made by it, provided any damage the condition it was in prior to Premises resulting from such removal is repaired. Also, upon the expiration installation of the Initial Term Tenant Improvements, subject to ordinary wear and tear due to passage of this Leasetime and normal use, Tenant if requested and damage by casualty. If Landlord, at the time Landlord shall remove any signs and repair any damages consents to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes alterations or other material changes installations, advises Tenant that such removal will not be required, then such Tenant Improvements to the Premises without Demised Premises, except Tenant’s movable fixtures and furniture, shall become the prior written approval property of LandlordLandlord and shall remain upon, which approval shall not and be unreasonably withheld surrendered with, said Demised Premises, as a part thereof, at the end of said term or delayedrenewal term, as the case may be. Notwithstanding the foregoing, the parties agree that only that portion of the Initial Tenant shall be permitted to make Minor Alterations Improvements consisting of the Private Communication Ductbank (as defined in Section 45.1 below), including (A) the conduits and the wiring therein from the public right of way to the Demised Premises, and (B) the conduits and wiring therein running from the Demised Premises to the existing Private Communication Ductbank servicing the buildings located at 000 Xxxxxxx Xxxxxxxxx and 000 Xxxxxxxxxx Xxxxxx shall not be removed at the Termination Date and shall become the sole property of the Landlord from and after the Termination Date.
9.2 Tenant may not make structural alterations, additions or improvements to the Demised Premises (“Structural Alterations”) without the consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord will review and consent or object in writing to Tenant’s submission of Tenant’s plans for structural alterations within ten (10) days of receipt thereof. Landlord’s prior written failure to respond within ten (10) days shall operate as a refusal of consent. Minor Alterations, as used herein, Landlord’s consent shall not be defined as any required for nonstructural alterations, improvements, etc. made additions or improvements to the Demised Premises (excluding the facade thereof) which do not affect the structure of the buildings“Nonstructural Alterations”); however, their systems or equipment. If Tenant may at its option submit to Landlord approves any alterations, additions, improvements, etc., Tenant’s plans and specifications for Nonstructural Alterations in order to determine whether Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) Lease will require Tenant to remove any such alterations or additions Nonstructural Alterations. Tenant’s Structural Alterations and repair any damage Nonstructural Alterations are sometimes hereinafter referred to as “Alterations”. In the event Landlord does not consent to the Premises Tenant’s plans for Structural Alterations, Landlord shall specifically inform Tenant of the reason for denial of such consent. Any work undertaken by Tenant shall be performed in compliance with all applicable codes and standards including, but not limited to, the New Jersey Uniform Construction Code.
9.3 Tenant, at Tenant’s sole cost and expense, shall prepare all necessary plans and specifications for the design and construction of the Initial Tenant Improvements. The Initial Tenant Improvements shall be built and completed substantially in accordance with Tenant’s plans and specifications (the “Tenant Plans”). The Tenant Plans shall be subject to review and approval by Landlord, which approval Landlord shall not unreasonably delay or withhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Any material changes by Tenant to the buildings Tenant Plans, once approved by Landlord, shall likewise be subject to review and approval by Landlord, which approval Landlord shall not unreasonably delay or withhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. When and if Tenant commences construction of the Tenant Improvements, the Tenant shall cause the construction to be completed within a commercially reasonable time period and in which substantial compliance with the Premises are located) occasioned by their installation or removal and restore approved Tenant Plans. At all times, upon reasonable prior notice, Landlord shall have the right to enter upon the Demised Premises to substantially inspect the same condition as existed prior to Demised Premises and the time when any such alterations or additions were madeTenant Improvements, or (ii) reimburse Landlord for the cost purpose of removing such alterations or additions and determining that the restoration construction of the Tenant Improvements is proceeding substantially in accordance with the Tenant Plans, provided that such inspections shall not unreasonably interfere with or cause any delay of the activities of Tenant or its contractors.
9.4 From and after the Commencement Date with respect to Unit D of the Demised Premises., Landlord shall provide to Tenant the following monetary allowances for the installation of the Initial Tenant Improvements:
9.4.1. Underground work for the sanitary sewer system $ 37,361
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant may place partitions and fixtures and may make improvements and other alterations to the interior of the Leased Premises at Tenant’s expense, provided, however, that prior to commencing any such work, Tenant shall first obtain the written consent of Landlord to the proposed work, including the plans, specifications, the proposed architect and/or contractor(s) for such alterations and/or improvements and the materials used in connection with such alterations, including, without limitation, paint, carpeting, wall or window coverings and the use of carpet glues and other chemicals for installation of such materials. At least ten (10) days prior to the commencement of any construction in the Leased Premises, Tenant shall deliver to Landlord copies of the plans and specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. Landlord shall inform Tenant of whether the work proposed by Tenant will result in Tenant’s incurring increased costs under Section 8.2 hereof. Landlord shall have the right at any time throughout the term of this Lease to approve Tenant’s contractor and any extensions hereofarchitect, such approval not to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon Landlord may, as a condition to consenting to such work, require that Tenant provide security adequate in Landlord’s judgment so that the expiration improvements or other alterations to the Leased Premises will be completed in a good, workmanlike and lien free manner. Landlord may also require that any work done to the interior of the Initial Term Leased Premises be subject to the supervision of this LeaseLandlord or its designee; if the cost of such work exceeds Fifty Thousand and No/100 Dollars ($50,000.00), Tenant shall have the option pay to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. AlsoLandlord, upon the expiration completion of such work, a supervision fee in an amount equal to ten percent (10%) of the Initial Term cost of this Lease, Tenant if requested by Landlord such work. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the quality and appearance of the improvements in the remainder of the Building. All such improvements shall remove any signs and repair any damages to be the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Upon Landlord’s approval notice, of whether Tenant shall, upon termination Tenant’s architect and/or contractor for the installation of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed improvements, prior to the time when commencement of such work, Tenant shall provide Landlord with evidence that Tenant’s contractor has procured worker’s compensation, liability and property damage insurance (naming Landlord as an additional insured) in a form and in an amount approved by Landlord, and evidence that Tenant’s architect and/or contractor has procured the necessary permits, certificates and approvals from the appropriate governmental authorities. Tenant acknowledges and agrees that any review by Landlord of Tenant’s plans and specifications and/or right of approval exercised by Landlord with respect to Tenant’s architect and/or contractor is for Landlord’s benefit only and Landlord shall not, by virtue of such alterations review or additions were maderight of approval, be deemed to make any representation, warranty or (ii) reimburse Landlord for acknowledgment to Tenant or to any other person or entity as to the cost adequacy of removing such alterations Tenant’s plans and specifications or additions and as to the restoration ability, capability or reputation of the PremisesTenant’s architect and/or contractor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. 10.1 Neither Tenant nor any Subtenants shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, add any alterations, additions, permanent or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any non-movable alterations, additions, improvements, non-cosmetic changes fixtures or other material changes equipment to the Premises without the prior written approval consent of Landlord, except for the installation of unattached, readily movable trade fixtures which approval may be installed in the Premises without drilling, cutting or otherwise defacing the Premises. All alterations, additions, improvements, equipment and fixtures (including, without limitation, all floor coverings, wallcoverings, baseboards, doors, door fixtures, windows, walls, electrical wiring and switches, lights, plumbing, bathroom equipment, and all heating and air conditioning equipment, but excluding Tenant's unattached, readily movable furniture and office equipment) which may be made or installed upon the Premises by Landlord, Tenant, any Subtenant or any other person or entity shall not remain upon and be unreasonably withheld surrendered with the Premises, without compensation therefor to Tenant, any Subtenant or delayedany other person or entity, and become the property of Landlord at the termination of this Lease or Tenant's rights of possession under this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Premises (or other area where such property may be located) to their original condition at Tenant's expense. Notwithstanding the foregoing, Tenant may remove, so long as it restores the Premises to the condition existing prior to their installation, any light fixtures, furniture, kitchen equipment, security equipment or fire detection equipment. Tenant promptly shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made repair all damage to the Premises (excluding the facade thereof) which do not affect the structure resulting from any removal of the buildings, their systems property. This covenant shall survive any expiration or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease.
10.2 All construction work done by or on behalf of Tenant or any Subtenant within the Premises shall be performed in a good and workmanlike manner, either: in compliance with all governmental requirements, and in such manner as to cause a minimum of interference with other construction in progress on the Shoreside Complex (ias defined in the Ground Lease) remove and with the transaction of business relating thereto. Xxxxxx agrees to, and does hereby, indemnify and hold Landlord and its partners and their respective officers, directors, members, shareholders, employees and agents harmless from and against all losses, liabilities and damages (including attorneys' fees and litigation expenses) resulting from such work, and Tenant shall, if requested by Landlord, furnish bonds or other security satisfactory to Landlord against such loss, liability or damage. Tenant shall promptly pay each of its contractors, subcontractors and suppliers as may be necessary to prevent the imposition or assertion of any mechanic's, laborer's or materialman's lien on any of the Premises or Tenant's or Landlord's leasehold interest therein. Nothing herein contained shall be construed as constituting the consent or request of Landlord that any contractor, subcontractor or supplier provide any labor, service or material for any construction, repair or demolition in, of or to any of the Premises. Landlord is not, and shall not be, liable for any labor, services or materials furnished or to be furnished to Tenant or any Subtenant, and no mechanic's, laborer's, materialman's or other liens for any such alterations labor, services or additions materials shall attach to or affect the interest of Landlord in any of the Premises. Tenant shall reimburse Landlord, on demand, for Landlord's costs incurred in complying with any laws or regulations applicable to any construction, repair or demolition by or for Tenant.
10.3 In the event that Landlord elects to remodel or repair all or any portion of the Premises, or modify or reconfigure any portions of the Premises, Tenant will cooperate with such remodeling, repair, modification or reconfiguration, including, without limitation, Tenant's tolerating temporary inconveniences (and repair any damage even the temporary removal of Tenant's signs in order to facilitate such remodeling, repair, modification or reconfiguration as it may relate to the Premises (or exterior of the buildings Premises), provided, in which the event any election to reconfigure portions of the Premises are located) occasioned by their installation results in a displacement of Subtenants and such Subtenants incur out-of-pocket costs as a result of such displacement, Landlord will reimburse such Subtenants for reasonable, actual out-of-pocket costs incurred as a result of such displacement upon receipt of the original invoices therefor.
10.4 In the event Tenant or removal any Subtenant uses a general contractor to perform construction work within the Premises, Tenant shall, prior to the commencement of such work, require said general contractor to execute and restore deliver to Landlord a waiver and release of any and all claims against Landlord and liens against the Premises to substantially which such contractor might at any time be entitled. The delivery of the same waiver and release of lien within the time period set forth above shall be a condition as existed prior precedent to the time when ability of Tenant or any such alterations or additions were madeSubtenant to enter on and begin its construction work at the Premises and, or (ii) reimburse if applicable, to any reimbursement from Landlord for the cost of removing such alterations or additions and the restoration of the Premisesits construction work.
Appears in 1 contract
Samples: Retail Space Lease (HCS Ii Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have not make or perform, or permit the right making or performance of, any initial or subsequent tenant finish work or any alterations, installations, decorations, improvements, additions or other physical changes in or about the Leased Premises (refer-red to collectively as "Alterations") without Landlord's prior consent. Landlord agrees not to withhold its consent unreasonably to any nonstructural alterations proposed to be made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent of any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may from time to time reasonably designate. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. No alteration shall affect any part of the building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupancy of the building or reduce the value or utility of the Building. No alteration shall affect the outside appearance of the building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord duplicate original policies of workers' compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. If Landlord shall require to assure payment of all cost of such alterations, prior to the commencement of any approved Alteration, Tenant shall cause to be issued and delivered to Landlord an irrevocable documentary letter of credit or payment bond in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole or in part, from time to time to the order of Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to the obligation secured thereby. The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations. All permits,
(b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employ or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance operation of the Building by Landlord, Tenant, or other. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
(c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense, or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause and other property which have been installed at the sole expenses of Tenant and which are removable without material damage to the Leased Premises shall be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with and remain the property of Tenant. At Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease's option, Tenant shall have remove any property belonging to Tenant at the end of the term hereof, and Tenant shall repair, or at Landlord's option shall pay to remove such alterations, decorations, additions or improvements made by it, provided Landlord the cost of repairing any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting arising from such removal. During the term, Tenant shall not make Any replacement of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at Tenants expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Company Doctor)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, do not require a permit, are not visible from outside the Premises and do not cost in excess of $10,000.00 for any single project (or group of related projects), Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in Landlord’s sole discretion if the alterations will affect the Building structure or systems or will be visible from outside the Premises, but which consent shall not be unreasonably withheld if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises. Upon Landlord’s request, Tenant will deliver to Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for Landlord’s reasonable cost to review such plans. Any alterations, physical additions or improvements shall become the property of Landlord upon the expiration or earlier termination of the Lease provided, however, that Landlord, at its option, may require Tenant to remove any alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date (if Landlord notified Tenant at the time of Landlord’s consent to any such alterations, additions or improvements that Landlord reserved the right at to require the removal thereof). Notwithstanding the foregoing, in no event shall Tenant be required to remove any time of the Tenant Improvement Work unless otherwise required pursuant to the Work Letter. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements shall be made in a good, workmanlike manner and in a manner that does not unreasonably disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against any and all claims for damages or death of persons or damage or destruction of property arising out of or relating to the performance of any such alterations, additions or improvements made by or on behalf of Tenant (excluding any Landlord’s Work). Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, any such contractors or workmen must first be approved, in writing, by Landlord (which approval shall will not be unreasonably withheld or delayedwithheld). Upon Landlord agrees to assign to Tenant and itself, for the expiration of the Initial Term term of this Lease, Tenant shall any rights Landlord may have against the option contractor of the Premises with respect to remove any work performed by such alterations, decorations, additions or contractor in connection with improvements made by it, provided any damage to Premises resulting from such removal is repairedLandlord at the request of Tenant. Also, upon the expiration The cost of the Initial Term of this LeaseAlterations to be paid by Tenant shall include a reasonable charge for the administration, Tenant if requested by Landlord or an agent, of the construction or installation of the Alterations, the amount of which shall remove any signs and repair any damages bear a reasonable relationship to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure scope of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions Alterations and the restoration costs of performing the Premisesadministration.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant Lessee shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Expansion Premises beyond the initial tenant improvements, if any, without first obtaining Landlord's written consent, which consent may be granted or withheld in the sole discretion of Landlord. Upon Landlord's request, Lessee will furnish plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable costs to review such plans. Any alterations, physical additions or improvements shall at once become the Property of Lessor; provided, however, Lessor, at its sole option may require Lessee to remove any time alterations, additions or improvements in order to restore the Expansion Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Lessee. All alterations, additions or improvements must be made in good, first class, workmanlike manner that does not disturb other tenants (i.e.: any loud work must be performed during no-business hours) and Lessee must maintain such liability and builder's risk insurance as Lessor may reasonably require throughout construction. Lessee does hereby indemnify, defend and hold Lessor harmless from and against all claims for damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Lessee. Under no circumstances shall Lessor be required to pay during the term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Lessee hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed performed by contractors or workmen other than Lessor's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant workmen must first be approved in writing by Lessor. Lessor agrees to assign to Lessee any rights it may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon have against the expiration contractor of the Initial Term of this Lease, Tenant shall have the option Expansion Premises with respect to remove such alterations, decorations, additions or any work performed by said contractor in connection with improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon Lessor at the expiration request of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLessee., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Open Solutions Inc)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Office Building structure or systems, do not materially adversely impact other tenants, are not visible from outside the Premises and do not cost in excess of $100,000.00 in the aggregate in any rolling twelve (12) month period during the Term, Tenant shall have not make or allow to be made any alterations, physical additions or improvements (which shall be deemed to include the right relocation or replacements of the Rooftop Equipment and the Exclusive Equipment from time to time) in or to the Premises without first obtaining in writing Landlord's written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord if the alterations will affect the Office Building structure or systems or will be visible from outside the Premises, but which consent shall not be unreasonably withheld, delayed or conditioned if the alterations will not affect the Office Building structure or systems and will not be visible from outside the Premises. Any alterations, additions or improvements shall maintain a finish level at or exceeding the finish level existing in the Premises as of the Commencement Date. Upon Landlord's request but only with respect to alterations, additions or improvements that require Landlord’s consent as provided herein, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements; provided, however, that if the nature of Tenant’s proposed alterations, additions or improvements does not necessitate the preparation of plans LEGAL02/30607851v15 and specifications, then Tenant shall deliver to Landlord a reasonable working description of the proposed alterations, additions or improvements. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any alterations, additions or improvements that are reasonably anticipated not to be re-usable for Landlord’s actual or contemplated future tenant(s) and/or that are reasonably anticipated to result in higher than customary demolition costs (and/or any cabling installed by or on behalf of Tenant) in order to restore the Premises to the condition existing on the Commencement Date. Notwithstanding the foregoing to the contrary, the foregoing removal option shall not apply if at the time Tenant requested Landlord's consent to such alterations, additions or improvements, Tenant delivered a notice to Landlord which included the phrase in bold type, "LANDLORD MUST RESPOND TO TENANT IN WRITING WHETHER OR NOT THE ALTERATIONS, ADDITIONS OR IMPROVEMENTS WHICH ARE THE SUBJECT OF THIS NOTICE MUST BE REMOVED IN ORDER TO RESTORE THE PREMISES TO THE CONDITION EXISTING ON THE COMMENCEMENT DATE". Following receipt of such a notice from Tenant, Landlord shall indicate whether such alterations, additions or improvements will need to be removed at the expiration or earlier termination of this Lease, and Landlord shall be bound by such determination thereafter. Tenant shall not be required to remove alterations, physical additions or improvements (other than cabling) that are both reasonably anticipated to be re-usable for Landlord’s actual or contemplated future tenant(s) and reasonably anticipated not to result in higher than customary demolition costs. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain or cause to be maintained appropriate liability and builder's risk insurance throughout the term construction. Except to the extent due to the negligence or willful misconduct of Landlord, Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed performed by contractors or workmen other than Landlord's contractors or workmen, any trade fixturesuch contractors or workmen must first be approved, signsin writing, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld withheld, delayed or delayedconditioned unreasonably. Notwithstanding Landlord agrees to assign to Tenant any rights it may have against the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to contractor of the Premises (excluding with respect to any work performed by said contractor in connection with improvements made by Landlord at the facade thereof) which do not affect the structure request of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcTenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Healthsouth Corp)
ALTERATIONS AND IMPROVEMENTS. 9.1 Tenant shall have may, at Tenant’s sole cost and expense, during the right at any time throughout the term first year of this Lease and any extensions hereofLease, but subject to the conditions hereinafter stated, make or cause to be made, any initial alterations, additions, additions or improvements, (hereinafter collectively called “alterations”), in, on, to or install or cause about the Premises which are required to be installed any trade fixturecommence Tenant’s use, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with per Paragraph 6.1 subject to Landlord’s prior written approvalapproval of Tenant’s plans, which written approval shall not be unreasonably withheld. Tenant shall submit detailed plans, specifications and drawings necessary for the construction of said alterations to Landlord, by certified mail, within fifteen (15) days following the date upon which Landlord delivers a fully executed copy of this Lease to Tenant, and Landlord shall notify Tenant of its approval or disapproval of, and any necessary changes or modifications to, said plans within a reasonable period of time following receipt of the same, not to exceed ten (10) days. In the event Landlord disapproves said plans, as submitted, Tenant shall be advise of the reasons for such disapproval and shall revise and resubmit said plans, in form and content acceptable to Landlord, within ten (10) days following Landlord’s notice to Tenant of such disapproval. All of the foregoing alterations shall be at the sole cost and expense of Tenant, and shall be constructed and performed subject to the terms, covenants, and conditions of this Lease.
9.2 With respect to all alterations, additions or improvements made by Tenant in, on, to or about the Premises, whether or not pursuant to Paragraph 9.1 hereof, such alterations shall be for the purpose of facilitating Tenant’s permitted use and shall also be subject to Landlord’s prior written approval of Tenant’s plans, which approval shall not be unreasonably withheld or delayed. Upon withheld, as well as the expiration of the Initial Term terms, covenants and conditions of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration All of the Initial Term foregoing alterations shall be at the sole cost and expense of this LeaseTenant, Tenant if requested including the reasonable cost for review of Tenant’s plans by Landlord or its agents. All said alterations shall remove any signs be made in compliance with applicable zoning and repair any damages to building codes, and shall not diminish the Premises resulting from such removalfair market value of the improvements on the Premises. During the termExcept as herein stated, Tenant shall not make any alterationshave the right, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent, which written consent shall not be unreasonable withheld, to demolish any part of the improvements existing on the Premises at the date of the execution of this Lease. Minor AlterationsTenant shall pay when due all claims for labor and materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises; shall take all steps necessary to keep the Premises free from any liens, as used hereinclaims, or encumbrances; and Tenant agrees to indemnify and hold Landlord, the Premises and the Center harmless from and against any and all liability arising out of any such claims. Tenant shall not be defined as permitted to place any mortgage, deed of trust, or other form of lien or encumbrance on the Premises, Tenant’s leasehold interest therein, or any portion of the Center, for purposes of financing the construction of any such alterations, securing the repayment of any such financing, or otherwise.
9.3 Before the commencement of any alterations, Tenant, at its sole cost, shall furnish to Landlord a Performance and Completion Bond issued by an insurance company qualified to do business in California, in a sum equal to the cost of the alterations (as determined by the construction contract between Tenant and its contractor) guaranteeing the completion of the alterations free and clear of all liens and other charges, in accordance with the plans and specifications approved by Landlord. Following approval of said plans and specifications by Landlord, Tenant shall immediately commence said alterations and improvements, etcand shall use best efforts to complete the same in an expeditious fashion. made to The alterations shall be performed in a manner that will not interfere with the Premises (excluding the facade thereof) which do not affect the structure quiet enjoyment of the buildings, their systems or equipmentother tenants of the Center. If Tenant shall give Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantnot less than ten (10) days’ notice, in writing, along with Landlord’s approval noticeprior to the commencement of the alterations, and Landlord shall have the right to post Notices of whether Non-Responsibility in or on the Premises, as provided by law. Tenant shall have the right, in good faith, to contest the validity of any such lien, claim or demand, and Tenant shall, at its sole expense, defend itself and Landlord against the same, and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Landlord or the Premises, and as a condition of contesting any such lien, Tenant shall provide such bonds or other security as Landlord shall reasonably require. Landlord may require Tenant to pay Landlord’s reasonable attorney’s fees and costs in participating in any such action if Landlord participates therein at the request of Tenant, or if Landlord is joined as a defendant in such action and Tenant’s counsel determines that it cannot ethically or effectively represent both Tenant’s and Landlord’s interest in such action.
9.4 Any alterations made shall, unless Landlord elects otherwise, remain on, become part of, and be surrendered with the Premises on the expiration or termination of the term, except that Landlord can elect within ninety (90) days before the expiration of the term, or within thirty (30) days after termination of the term, to require Tenant to remove any alterations that Tenant has made to the Premises. If Landlord so elects, Tenant at its cost, shall restore the Premises to the condition designated by Landlord in its election before the last day of the term, or within thirty (30) days after notice of election is given, whichever is later. The foregoing provision shall not apply to any trade fixtures installed by Tenant or any subtenant which are capable of being removed by Tenant, or any subtenant, without substantial and unrepairable damage to the Premises, and which Tenant, or any subtenant, elects to remove upon the termination of this Lease, either: (i) remove provided that Tenant or any such alterations or additions subtenant promptly repairs, at its sole cost and repair any expense, all damage to the Premises (or the buildings in which remaining improvements on the Premises are located) occasioned caused by their installation or removal such removal, and restore provided further, that the value of the improvements remaining on the Premises following such removal, are substantially equal to substantially what the value of the improvements existing on the Premises at the time of the execution of this Lease would have been, if the same condition as existed prior had only normal wear and tear since the date of the execution of this Lease, and, provided further that Tenant’s right to the time when any remove such alterations shall be suspended at any time Tenant is in default under this Lease.
9.5 On completion of any work of alteration, addition or additions were madeimprovement by Tenant, or (ii) reimburse any subtenant, Tenant shall supply Landlord for the cost of removing with “as built” drawings accurately reflecting all such alterations or additions and the restoration of the Premiseswork.
Appears in 1 contract
Samples: Lease (Wilshire Bancorp Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be madeinstall any alteration, any alterationsinstallation, additionsaddition, or improvementshardware, or install or cause to be installed any trade fixture, signswindow treatment, floor covering, interior fixture or exterior painting other improvements to the Premises, or lightingadd to, disturb or in any way change any plumbing fixturesor wiring, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s without in each and every of such cases (Individually and collectively "Improvements") the prior written approvalconsent of Landlord. Landlord's written consent shall include any requirement to remove said alteration upon expiration or termination of the lease. Landlord's approval of plans or specifications for improvements shall not constitute an assumption of the responsibility for the accuracy or sufficiency of such plans and specifications, or their compliance with applicable codes, regulations or statutes, which approval responsibility shall not be unreasonably withheld solely Tenant's. All such improvements shall be made at Tenant's sole cost and expense and any contractor or delayedperson selected by Tenant to make improvements must first be approved in writing by Landlord. Upon Landlord may require that the expiration of the Initial Term of this Lease, contractor provide payment and performance bonds. All improvements and all repairs required to be made by Tenant shall have be made in a good and workmanlike manner and in compliance with all governmental requirements, codes and rating bureau recommendations, and shall be performed by competent workmen approved in advance by Landlord. Tenant shall hold Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by, or in connection with the option construction or installation of improvements. Tenant shall obtain all necessary permits from governmental authorities. Tenant shall repair any damage and perform any necessary clean-up to remove such alterations, decorations, additions the Building or its contents resulting from any improvements made by itTenant. All Improvements, provided temporary or permanent, including wall paneling, built in cabinets, sinks, doors, floor coverings, or other built in units of any kind, however attached (except trade fixtures, medical equipment or devices, furniture and equipment belonging to Tenant which are removable without causing damage to Premises resulting from such removal is repaired. Alsothe Building) or installed by Tenant in, upon on or about the expiration of the Initial Term of this LeasePremises, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon expiration or sooner termination of this Lease, either: (i) become Landlord's property, and remain upon the Premises, all without compensation, allowance or credit to Tenant provided, Tenant shall at the expiration or termination of this Lease remove any such alterations improvements placed in the Premises by or additions on behalf of Tenant and so designated in the notice. Tenant shall, at Tenant's sole expense, repair any damage to the Premises (or the buildings in which Building resulting from such removal, and Landlord may require a payment and performance bond for the Premises are located) occasioned work of such removal. If Tenant fails to remove such designated improvements, they will be deemed to be abandoned by their installation or removal Tenant and restore the Premises to substantially Landlord may remove the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the at Tenant's sole cost of removing such alterations or additions and the restoration of the Premisesexpense.
Appears in 1 contract
Samples: Lease (Cacheflow Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have not make or perform, or permit the right making or performance of, any initial or subsequent tenant finish work or any alterations, installations, decorations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord agrees not to withhold its consent unreasonably to any nonstructural Alterations proposed to be made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may from time to time reasonably designate. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. No Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value of the Building. No alteration shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) from each proposed Alterations and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors and comprehensive Public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. If Landlord shall require to assure payment of all costs of such alterations, prior to commencement or any approved Alteration, Tenant shall cause to be issued and delivered to Landlord an irrevocable documentary letter of credit or payment bond in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole or in part, from time to time to the order of Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to the obligation secured thereby. The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations. Tenant shall cause its contractor to provide Landlord with a certificate of completion of the Alterations and a bills paid affidavit and full lien waiver, and upon receipt of same, and no fewer than thirty-one (31) days following completion if Tenant is not in default hereunder, Landlord shall return the letter of credit to Tenant unused and endorsed for cancellation. Tenant shall, if requested by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with applicable laws, orders and regulations of Federal, State, County, and Municipal authorities and with all directions pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the Dallas Board of Fire Underwriters or any similar body. All alterations shall be made and performed in accordance with the Building rules. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises, Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the city in which the Leased Premises are located. Tenant shall furnish such certificate to Landlord promptly after issuance of same.
(b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employed or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant, or other. In the event of any such interference or conflict. Tenant, upon demand of Landlord, shall cause all contractors, mechanics, or laborers causing such interference or conflict and leave the Building immediately.
(c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause and other property which have been installed at the sole expense of Tenant and which are removable without material damage to he Leased Premises shall be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with and remain the property of Tenant. At Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease's option, Tenant shall have remove any property belonging to Tenant at the option end of the term hereof, and tenant shall repair or, at Landlord's option, shall pay to remove such alterations, decorations, additions or improvements made by it, provided Landlord the cost of repairing any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting arising from such removal. During the term, Tenant shall not make Any replacements of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at tenant's expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Commercial Lease Agreement (Graham Field Health Products Inc)
ALTERATIONS AND IMPROVEMENTS. A. Tenant shall have acknowledges that Landlord owns the right at any time throughout Building(s). Tenant accepts the term Building(s) from Landlord in its "as is" conditions, the conditions that exist as of the Effective Date of this Lease Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (i) the physical condition of the Building(s); (ii) the Property's suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Building(s), except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and any extensions hereof, the Building(s) and to conduct its own investigation as to the suitability of the Property and the Building(s) for Tenant's use.
B. If Tenant proposes to make or cause to be made, construct any alterations, additionsimprovements, additions or fixtures (“Alterations”) that affect any portion of the Property or any structures located on the Property that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Tenant shall not attach any fixture or item of equipment to the Building without Landlord's prior written consent. All such Alterations shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $15,000 for any single instance, or improvementsif the proposed work involves the Building structure or utility systems, any contractor or install person selected by Tenant to make the same shall first be approved by Landlord. Landlord, in its sole discretion, shall approve or cause disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalasbestos and fiber glass, which approval Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not be unreasonably withheld or delayedperform any of Tenant's Work until Tenant has obtained all requisite permits. Upon Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq.; to the expiration of the Initial Term of extent, such requirements are applicable to Tenant's work.
C. Except as otherwise expressly provided in this Lease, Tenant shall have not repair, replace, or modify any utility system located within the option to remove such alterations, decorations, additions or improvements made by it, provided Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to Premises resulting from such removal is repaired. Alsoany utility system, upon the expiration structural element of the Initial Term Building(s), facilities of this LeaseLandlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, Tenant if requested by Landlord shall remove any signs however, such provision is not intended to and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not be interpreted to make any alterationsother person or entity a third party beneficiary thereof.
D. This Lease specifically prohibits Tenants, additionsor any other party, improvementsfrom expanding uses or structures allowed on the Property beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, non-cosmetic changes or other material changes any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Premises without Property, are all subject to the prior written approval of Landlordthe Landlord and all improvements are subject to the environmental review and permit regulations and approvals of same by all applicable local, which approval state, and federal agencies.
E. Tenant shall not be unreasonably withheld substantially deface or delayed. Notwithstanding the foregoingchange any floors, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationswalls, as used hereinceilings, shall be defined as roofs, or partition any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems structures or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to improvements on the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.Property without first providing thirty
Appears in 1 contract
Samples: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall bear the expense of all permits, alterations and improvements which are necessary in order to make the Premises suitable for Tenant’s occupancy and use during the Term (hereinafter referred to as “Tenant’s Work”). Tenant shall commence and thereafter complete with due diligence, all of Tenant’s Work. Tenant shall cause Tenant’s Work to be done in a good and workmanlike manner by competent, licensed contractors, in strict accordance with the plans and specifications approved by Landlord, and in compliance with all applicable laws, orders, rules, regulations, codes and requirements of any governmental authority affecting Tenant’s Work or the Premises, including, but not limited to the Americans With Disabilities Act, as it may be amended, and in compliance with any applicable insurance requirements (hereinafter collectively referred to as “applicable law or regulation”). Tenant shall obtain and furnish Landlord at Tenant’s expense all certificates and approvals with respect to Tenant’s Work and occupancy of the Premises that may be required by any applicable law or regulation. Landlord shall have no liability whatsoever for loss, injury or damage to (a) Tenant’s Work; (b) fixtures, equipment or other property of Tenant or Tenant’s contractors; or (c) any other person or the right property of any other person. Tenant shall indemnify and hold Landlord harmless from any claim, cost (including reasonable attorneys’ fees) or loss relating to Tenant’s Work and from any claim of nonpayment for any aspect of Tenant’s Work. All debris which accumulates in connection with Tenant’s Work shall be removed by Tenant at its sole expense. Tenant’s Work shall be constructed under a no-lien contract if permitted under the law of the State. No person shall be entitled to any time throughout lien directly or indirectly derived through or under Tenant or through or under any act or omission of Tenant upon the term Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Premises or for or on account of any matter or thing whatsoever. Nothing in this Lease and contained shall be construed to constitute a consent by Landlord to the creation of any extensions hereoflien. In the event Tenant causes, to make suffers or cause to be made, permits the creation of any alterations, additionslien against the Premises, or improvementsany part thereof, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration a lien is filed because of the Initial Term of this Leasealleged non-payment by Tenant, Tenant shall have the option cause such lien to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration be released within 10 days after Tenant’s actual notice of the Initial Term filing thereof, or shall furnish Landlord a bond, in form, with surety, and in an amount satisfactory to Landlord, conditioned to indemnify Landlord against the foreclosure of this Leasesuch lien, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removalall matters and proceedings related thereto. During the termperformance of Tenant’s Work, Tenant shall not make any alterations, additions, improvements, maintain Builder’s Risk insurance on a non-cosmetic changes reporting basis with “all risk” extended coverage endorsements on a completed value basis for full insurable value covering the Premises from casualty resulting from Tenant’s Work, the interest of Tenant (and its contractors and subcontractors) in all work incorporated in the Premises, and all materials and equipment on or other material changes about the Premises or incident to the Premises without the prior written approval construction thereof (but not including machinery, tools or equipment used by contractors or subcontractors). Tenant shall also provide Landlord with all other policies and endorsements of insurance required by Landlord, including but not limited to Independent Contractor’s coverage in Tenant’s General Liability policy and General Liability policies of insurance from Tenant’s contractors and subcontractors. Landlord shall be named an additional insured under all such policies of insurance which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoingwritten on terms and by companies satisfactory to Landlord, and Landlord and Tenant shall be permitted given not less than 30 days’ written notice by the insurance company prior to make Minor Alterations (as defined below) without Landlord’s prior written consentcancellation, termination or change in such insurance. Minor Alterations, as used herein, Tenant shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure provide Landlord with copies of the buildingspolicies and certificates evidencing that such insurance is in full force and effect and stating the terms thereof, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost commencement of removing such alterations or additions and the restoration of the PremisesTenant’s Work.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. a. Tenant will not make any alterations, improvements or additions to or about the Demised Premises, or affix or attach any articles to or make any holes in or about the Demised Premises or the building of which the Demised Premises is a part without first having submitted plans for same to Landlord for its prior approval. If said plan receives Landlord’s approval, Landlord Endo Pharmaceuticals Inc. Page 10 Confidential alone will make or do the same on behalf of Tenant and for Tenant’s benefit, solely at the cost, expense and risk of Tenant unless otherwise provided in writing. Notwithstanding the foregoing, the parties agree that Tenant may make any non-structural alterations, non-structural improvements or non-structural additions to the Demised Premises that do not exceed $10,000.00 in cost without seeking and/or receiving Landlord’s approval. All alterations, improvements, additions or fixtures, whether installed, made or placed before or after the execution of this Lease, shall have remain upon the right Demised Premises at any time throughout the term expiration or earlier termination of this Lease and any extensions hereofbecome the property of Landlord unless Landlord shall, at the time Landlord approves such alterations give written notice to make or cause Tenant to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon remove the same at the expiration of the Initial Term of this LeaseLease term, in which event Tenant shall have remove the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon same at the expiration of the Initial Term of Lease term and restore the Demised Premises to the same good order and condition in which it now is; provided, however, trade fixtures may be removed if there is no existing default under this Lease.
b. Tenant will not lay any linoleum, oil cloth, rubber or other air-tight covering upon the floors of the Demised Premises, nor fasten articles to or drill holes or drive nails or screws into the walls or partitions of the Demised Premises; nor will Tenant if requested paint, paper or otherwise cover or in any way xxxx, deface or break said walls or partitions; nor make any attachment to the electric lighting wires of the Demised Premises or building of which the Demised Premises is a part for storing electricity, running electric fans or motors or other purposes; nor will Tenant use any method of heating other than that provided by Landlord shall remove any signs and repair any damages to the Premises resulting from provided that Tenant may make such removal. During the term, Tenant shall not make any non-structural alterations, additions, improvements, and/or repairs to the extent that such non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any structural alterations, additions, improvements, etc.and/or repairs do not exceed $10,000.00 in cost. If Tenant desires to have telephone, Landlord telegraph or other similar wires and instruments installed on the Demised Premises, he shall notify Landlord, and Landlord will direct where and how the same are to be installed. Landlord reserves at all times the right to require Tenant to install and use in the Demised Premises such electrical protective devices and to change wires and their placing and arrangement, as Landlord may deem necessary, and further, to require compliance on the part of all using or seeking access to such wires with such rules as Landlord may establish relating thereto; and further reserves, in the event of non-compliance with such requirements and rules, the right to cut and prevent the use of any wires to which such non-compliance relates.
c. No contract entered into or that may be subsequently entered into by Landlord with Tenant, relative to any alterations, additions, improvements or repairs, nor the failure of Landlord to make such alterations, additions, improvements or repairs as required by any such contract, nor the making by Landlord or his agents or contractors of such alterations, additions, improvements or repairs shall in writing, along with Landlord’s approval notice, any way affect the payment of whether Tenant shall, upon termination of the rent or said other charges at the time specified in this Lease. Endo Pharmaceuticals Inc. Page 11 Confidential d. Items of a decorative nature, either: (i) remove any such alterations or additions and repair any damage as small pictures, are not intended to the Premises (or the buildings in which the Premises are located) occasioned be prohibited by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesthis paragraph. 11.
Appears in 1 contract
Samples: Tenancy Agreement
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $25,000.00 in the aggregate, Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause allow to be made, made any alterations, physical additions or improvements in or to the Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or improvementswithheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or install systems or cause to will be installed any trade fixturevisible from outside the Premises), signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, but which approval consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or delayedsystems and will not be visible from outside the Premises). Upon Landlord’s request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Tenant shall bear responsibility for compliance with all applicable laws, ordinances, the expiration CC&R’s and governmental approvals, for obtaining the approval of the Initial Term association or architectural committee governing the Building, and for complying with any other requirements of this LeaseMission Industrial Park, the City of Fremont or the County of Alameda (the compliance with which, including the procurement of all necessary permits and licenses, is Tenant’s responsibility). Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant shall have the option to remove any alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, decorationsadditions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and, if the Building is multi-tenanted in the future, in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder’s risk insurance throughout the construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by itor on behalf of Tenant. Under no circumstances shall Landlord be required to pay, provided any damage to Premises resulting from such removal is repaired. Also, upon during the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from ad valorem or Property tax on such removal. During the termalterations, additions or improvements, Tenant shall not make hereby covenanting to pay all such taxes when they become due. In the event any alterations, additions, improvements, non-cosmetic changes improvements or repairs are to be performed by contractors or workmen other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without than Landlord’s prior written consent. Minor Alterationscontractors or workmen, as used herein, shall any such contractors or workmen must first be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (with respect to any work performed by said contractor in connection with improvements made by Landlord at the request of Tenant. Upon the completion of any alterations, additions or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for improvements the cost of removing such alterations or additions and which is in excess of $25,000.00, Tenant agrees to cause a Notice of Completion to be recorded in the restoration office of the PremisesRecorder of Alameda County in accordance with Section 3093 of the Civil Code of the State of California or any successor statute.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) The Tenant may make alterations or improvements to the Premises provide that the same do not affect any structural components of the Building or the Premises provided that any such alteration or improvement shall (i) not change the general character of the Premises, or reduce the fair market value thereof below its value immediately before such alteration or addition, or impair the usefulness of the Premises; (ii) is effected with due diligence, in a good and workmanlike manner and in compliance with all Legal Requirements; and (iii) is promptly and fully paid for by the Tenant. The Landlord's failure to object to a written notice from the Tenant requesting the Landlord's consent to any alterations or improvements that do affect structural components, within 15 days of such request, shall constitute an approval of the same. On expiration or earlier termination of this Lease, the Tenant shall have the right to remove any improvements, alterations, trade fixtures, furniture, machinery and equipment installed within the Premises by and at the expense of the Tenant, provided that the Tenant shall repair any time throughout damage caused to the term Premises or the Building in effecting such removal, and provided, further, that the Tenant shall not have the right so to remove any structural component, partition, or any portion of the HVAC, plumbing, electrical or mechanical systems.
(b) All improvements, alterations, trade fixtures, furniture, machinery and equipment of the Tenant located at the Leased Premises 30 days following expiration or earlier termination of this Lease shall be considered abandoned by the Tenant and any extensions hereofmay be appropriated, to make or cause to be madesold, any alterations, additionsdestroyed, or improvementsotherwise disposed of by the Landlord without obligation to account therefor, and the Tenant will pay the Landlord, upon demand, all reasonable costs and expenses incurred by the Landlord in removing, storing or install or cause to be installed disposing of any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Langer Inc)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $25,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord’s request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Tenant shall bear responsibility for compliance with all applicable laws, ordinances, the CC&R’s and governmental approvals, for obtaining the approval of the association or architectural committee governing the Building, and for complying with any other requirements of Interlocken Park, the City of Broomfield or the County of Boulder (the compliance with which, including the procurement of all necessary permits and licenses, is Tenant’s responsibility). Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, upon the expiration or earlier termination of this Lease Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements (plus any installed cabling, wiring or other connection lines) in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and, if the Building is multi-tenanted in the future, in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, which approval shall not any such contractors or workmen must first be unreasonably withheld or delayedapproved, in writing, by Landlord. Upon Landlord agrees to assign to Tenant any rights it may have against the expiration contractor of the Initial Term Premises with respect to any work performed by said contractor in connection with improvements made by Landlord at the request of this Lease, Tenant. Tenant shall have the option right to remove such alterationsuse the Building’s roof, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, shafts and risers for its HVAC and other utility needs upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinwhich consent shall not be unreasonably withheld, and further provided that Tenant shall be defined as remove all cables and any alterations, improvements, etc. made other equipment installed therein or thereon prior to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems Expiration Date or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove any such alterations or additions Lease and shall repair any damage to caused in connection with the Premises (or the buildings in which the Premises are located) occasioned by their installation or installation, repair, maintenance and/or removal and restore the Premises to substantially the same condition as existed prior to the time when any of such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesitems.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant (a) Lessee shall conduct a facilities infrastructure assessment for the Building under Xxxxxx’s care and control during the first six (6) months of the Initial Term and each five-year Extension Term (each an “Assessment”). Xxxxxx agrees to share the results of each Assessment conducted by Xxxxxx with the City Council and Mayor by submission to the City Clerk. Based on the results of each Assessment, Lessee shall develop a facilities improvement plan that addresses necessary and desired improvements to the Building during the then-current term, including, without limitation, a schedule of when such improvements shall be made over the course of the term, as well as the estimate cost of such improvements (each a “Facilities Improvement Plan”). Lessee shall provide the City Council and Mayor by submission to the City Clerk with Xxxxxx’s Facilities Improvement Plan for each term no later than six (6) months after the completion of the Assessment.
(b) The Lessee, at its sole cost and expense, shall have the right, with the prior written consent of the Lessor, which consent shall not be unreasonably withheld, conditioned, or delayed, to make such structural alterations, additions, and improvements (the “Structural Alterations”) to the Property or Building in accordance with the Facilities Improvement Plan, provided such Structural Alterations do not decrease the value of the Property or Building in any material respect.
(c) The Lessee shall, before making any alterations, additions or improvements (including Structural Alterations), at its sole cost and expense, obtain all permits, approvals and certificates required by any governmental authority. The Lessor agrees to use its best reasonable efforts in assisting the Lessee in obtaining such permits, approvals and certificates.
(d) The Lessee will cause the Lessee’s contractors and subcontractors to carry such worker’s compensation, general liability, and personal and property damage insurance as the Lessor may reasonably require. The Lessee shall use its best efforts to utilize 30% MBE and WBE contractors during construction. The Lessee will comply with, and ensure contractor compliance with, all applicable state and federal laws and regulations, including, if applicable, prevailing wage statutes.
(e) Lessee and Lessor agree to work in good faith to secure funding to implement the Facilities Improvement Plan during such Extension Term, which may include State Housing Aid Reimbursements through the Rhode Island Department of Education or other sources of funding including, without limitation, philanthropy and/or third-party financing arrangements.
(f) Xxxxxx agrees to make at minimum $2,500,000 (two million five hundred thousand dollars) worth of capital improvements, maintenance, and upkeep to the Property during the Initial Term and each Extension Term.
(g) The Lessee, at its sole cost, shall have the right at to make such non-structural alterations, additions, and improvements to the Property as may be necessary or desirable, provided that such non-structural alterations, additions, and improvements do not decrease the value of the Property or Building in any time throughout material respect.
(h) Any alterations, additions, or improvements (including Structural Alterations) to the term Property or Building made by the Lessee during the Term shall upon the expiration of the Term be the property of the Lessor without payment therefor by the Lessor, and shall be deemed included in the Property, except for trade fixtures and moveable property, and the terms and conditions of this Lease and shall be fully applicable thereto. The Lessee may, prior to making any extensions hereofsuch additions, alterations, or improvements, request the Lessor’s written consent to make or cause their removal at the end of the Term. If such consent is requested, the Lessor shall be deemed to be made, have given such consent unless a written denial is given to the Lessee within thirty (30) days after such consent is requested in writing. Lessee shall have no obligation to remove any alterations, additions, or improvements, improvements (including Structural Alterations) to the Property or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, Building upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcTerm., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld or delayedas to nonstructural alterations. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor AlterationsLandlord may require, as used herein, shall be defined as any alterations, improvements, etc. made a condition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove granting its consent to any such alterations or physical additions, that Tenant agree to remove such alterations or physical additions and repair any damage to at the Premises (or end of the buildings in which the Premises are located) occasioned by their installation or removal lease term and restore the Premises to substantially the condition in which the same condition as existed prior to the time when any before such alterations or physical additions were made. At the end or other termination of this lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to such condition in which they are to be delivered to Landlord shall be borne by Tenant reasonable wear and tear excepted. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property on termination of this lease and shall remain on the Premises without compensation to Tenant. All furniture, movable trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or (ii) reimburse Landlord for if not so removed shall at the cost option of removing Landlord, become the property of Landlord. All such alterations installations, removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Premises or additions and the restoration primary structure or structural qualities of the PremisesBuilding or the plumbing, electrical lines or other utilities.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right not at any time throughout during the lease term make any alteration, addition or improvement to the Premises or any improvements located thereon, including without limitation creating any openings in the roof or exterior walls, without in each instance the prior written consent of Landlord. Landlord shall not unreasonably withhold its consent to minor, non-structural alterations and improvements made by Tenant, provided the costs of any such alterations or improvements shall not exceed $25,000.00. No alteration, addition or improvement to the Premises shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen's compensation coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such alterations, additions or improvements. All alterations, additions and improvements (except Tenant's equipment, as hereinafter defined), made at the expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease and any extensions hereof, to make or cause to be made, any alterations, additionslease, or improvementsat Landlord's option, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Landlord may require Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal improvements and restore the Premises to substantially its original condition. Landlord may require Tenant to remove such alterations, additions and improvements and restore the same condition as existed prior Premises to its original condition. Tenant, at its sole cost and expense, will make all additions, improvements and alterations on the Premises and to the time when improvements, appurtenances and equipment thereon which may be necessary by the act or neglect of any such other person or corporation (public or private), including supporting the streets and alleys adjoining the Premises. No additions, improvements or alterations or additions were made, or (ii) reimburse Landlord for exceeding the cost of removing such alterations or additions and $25,000.00 shall be commenced until Tenant has first satisfied the restoration of the Premisesrequirements set forth in Section 9.2 hereof.
Appears in 1 contract
Samples: Lease (Alaron Com Holding Corp)
ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause permit to be made, made any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Alterations without Landlord’s prior written approvalconsent, which approval consent shall not be unreasonably withheld or delayed. Upon , provided that: (i) the expiration outside appearance of the Initial Term Building shall not be affected; (ii) the strength of this Leasethe Building shall not be affected; (iii) the structural parts of the Building shall not be adversely affected; (iv) no part of the Building outside of the Premises shall be affected; and (v) the proper functioning of the heating system, electrical system, plumbing, roof, floor, wall penetration and other Building system (“Building Systems”) shall not be adversely affected and the use of such systems by Tenant shall not be increased beyond Tenant’s allocable portion of the reserve capacity thereof, if any. If consent to any Alterations is not given, Landlord shall notify Tenant in sufficient detail to enable Tenant to amend its plans and specifications regarding such Alterations to comply with Landlord’s objections. In the event Landlord consents to the making of any Alterations by Tenant, the same shall be made at Tenant’s sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord’s and Tenant’s insurance policies and only in accordance with plans and specifications approved by Landlord (except that any such requested Alterations to the Building or Building Systems shall be done by Landlord, and Tenant shall reimburse Landlord for the entire cost thereof). Any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord, approval not to be unreasonably withheld, or, the Alterations shall be made by Landlord for Tenant’s account and Tenant shall fully reimburse Landlord for the entire cost thereof within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any Alterations to the Premises made by Tenant, Tenant shall have the option to remove supply Landlord with a set of scaled and dimensioned, reproducible mylars of “as-built” plans for such alterations, decorations, additions Alterations certified by Tenant’s architect or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayedspace planner. Notwithstanding the foregoing, with respect to any Alterations affecting any Building Systems, Tenant shall employ Landlord’s designated contractor, and such Alterations shall be designed by the Landlord’s engineer at Tenant’s expense. “Alterations” shall not include Tenant’s free standing furniture or modular furniture. Notwithstanding the foregoing, or anything to the contrary herein, Landlord’s consent shall not be required for decorating or redecorating such as painting and wallpapering.
(b) All Alterations erected by Tenant shall be permitted to make Minor Alterations (the property of Tenant during the Term and the property of Landlord as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems Expiration Date or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) . Landlord reserves the right to require Tenant to remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal Tenant’s Alterations erected and restore the Premises to substantially the same their condition as existed of the Commencement Date, reasonable wear and tear excepted, on or before the Expiration Date or any sooner date of termination of this Lease; provided, however, that if Landlord so elects prior to termination or expiration of this Lease, such Alterations shall become the time when property of Landlord as of the Expiration Date or any such alterations sooner date of termination of this Lease and shall be delivered to the Landlord with the Premises. The provisions of this Paragraph 7 shall survive the Expiration Date or additions were made, or earlier termination of this Lease.
(iic) reimburse Landlord for Tenant shall pay Manager a supervisory fee equal to four (4%) percent of the cost of removing such alterations or additions Alterations over $10,000.00, but less than $100,000.00 and the restoration three (3%) percent of the PremisesAlterations over $100,000.00, which fee shall be paid within ten (10) days after demand by Landlord.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any No alterations, additions, or improvementsimprovements to the Leased Premises, or install or cause except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be subject to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which the approval of Landlord and work shall not be unreasonably withheld commenced until approval is obtained. Landlord approval of the plans, specifications and working drawings for Tenant’s alterations shall create no responsibility or delayedliability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Upon Tenant shall complete alterations, additions, or improvements to the Leased Premises strictly in compliance with the Americans with Disabilities Act (the ADA). Any improvements, additions or alterations made by the Tenant after such consent shall have been given, including any and all fixtures installed, excepting trade fixtures, shall at Landlord’s option unless otherwise agreed in writing, remain on the Leased Premises as the property of the Landlord, without compensation to Tenant, or shall be removed therefrom and the Leased Premises restored to their original condition at cost to Tenant, at the expiration of the Initial Term or sooner termination of this Leaselease. The Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures restoring the Leased Premises to their original condition. The Tenant shall have the option agrees to remove such save Landlord harmless on account of claims for mechanics, materialmen or other liens in connection with any alterations, decorations, additions or improvements made to which Landlord may give its consent within the Leased Premises and Tenant will, if required by itLandlord, provided furnish a lien waiver or a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any damage work in connection with alterations, additions or improvements to Premises resulting the Leased Premises. Further, Tenant agrees to hold Landlord harmless from such removal is repaired. Also, upon liability in the expiration event Tenant fails to comply with the requirements of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Americans with Disabilities Act in completing alterations additions or improvements to the Leased Premises. Except as otherwise provided herein, all installations and improvements now or hereafter placed on the Leased Premises resulting from such removal. During the term, other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall not make any alterations, additions, improvements, non-cosmetic changes pay ad valorem taxes and increased insurance thereon or other material changes to the Premises without the prior written approval of Landlordattributable thereto), which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant cost shall be permitted payable by Tenant to make Minor Alterations (Landlord upon demand as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcadditional rent., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Senetek PLC /Eng/)
ALTERATIONS AND IMPROVEMENTS. 9.1 Landlord understands that Tenant will be making substantial improvements to the interior of the Demised Premises including, but not limited to, partitions, dropped ceilings, conduit, raised flooring, electrical systems, fire sprinkler systems, heating, ventilating and air-conditioning systems, and other improvements necessary or desirable to prepare the Demised Premises for Tenant's initial occupancy thereof (the "Initial Tenant Improvements"). The Initial Tenant Improvements shall consist of all improvements made to the Demised Premises up to and including the date on which Tenant obtains its final Certificate of Occupancy for the Demised Premises. The Initial Tenant Improvements and all other improvements constructed or installed by Tenant throughout the Lease Term shall be collectively referred to as the "Tenant Improvements." As of the Termination Date or such earlier date as Tenant's right of possession is terminated under this Lease, the Tenant shall have at its sole cost and expense remove all Tenant Improvements (except as otherwise provided herein) and shall restore the Landlord's Premises to the condition it was in prior to the installation of the Tenant Improvements, subject to ordinary wear and tear due to passage of time and normal use, and damage by casualty. If Landlord, at the time Landlord consents to additions, improvements, alterations or installations, advises Tenant that such removal will not be required, then such Tenant Improvements to the Demised Premises, except Tenant's movable fixtures and furniture, shall become the property of Landlord and shall remain upon, and be surrendered with, said Demised Premises, as a part thereof, at the end of said term or renewal term, as the case may be. Notwithstanding the foregoing, the parties agree that the Initial Tenant Improvements consisting of (A) the second floor mezzanine of approximately 17,874 square feet, (B) the conduits and the wiring therein from the public right of way to the Demised Premises, and (C) the conduits and wiring therein running from the Building to the building located at any time throughout 000 Xxxxxxx Xxxxxxxxx, shall not be removed at the term Termination Date and shall become the sole property of the Landlord from and after the Termination Date.
9.2 Tenant may not make structural alterations, additions or improvements to the Demised Premises ("Structural Alterations") without the consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord will review and consent or object in writing to Tenant's submission of Tenant's plans for structural alterations within ten (10) days of receipt thereof. Landlord's failure to respond within ten (10) days shall operate as a refusal of consent. Landlord's consent shall not be required for nonstructural alterations, additions or improvements to the Demised Premises ("Nonstructural Alterations"); however, Tenant may at its option submit to Landlord Tenant's plans and specifications for Nonstructural Alterations in order to determine whether Landlord upon termination of this Lease will require Tenant to remove such Nonstructural Alterations. Tenant's Structural Alterations and any extensions hereofNonstructural Alterations are sometimes hereinafter referred to as "Alterations". In the event Landlord does not consent to the Tenant's plans for Structural Alterations, Landlord shall specifically inform Tenant of the reason for denial of such consent. Any work undertaken by Tenant shall be performed in compliance with all applicable codes and standards including, but not limited to, the New Jersey Uniform Construction Code.
9.3 Landlord and Tenant have approved the Landlord Specifications. Any material changes made to make or cause the Landlord Specifications by Landlord shall be subject to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalthe approval of Tenant, which approval shall not be unreasonably withheld or delayed. Upon Landlord covenants that all warranties contained in the expiration construction contracts entered into by Landlord in connection with the Landlord Improvements in the Demised Premises shall be assigned to Tenant not later than the Commencement Date, or if not, will be enforced by Landlord at Tenant's request.
9.4 Tenant, at Tenant's sole cost and expense, shall prepare all necessary plans and specifications for the design and construction of the Initial Term of this Lease, Tenant Improvements. The Initial Tenant Improvements shall have be built and completed with reasonable diligence substantially in accordance with Tenant's plans and specifications (the option "Tenant Plans"). The Tenant Plans shall be subject to remove such alterations, decorations, additions or improvements made review and approval by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval Landlord shall not unreasonably delay or withhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Any material changes by Tenant to the Tenant Plans, once approved by Landlord, shall likewise be subject to review and approval by Landlord, which approval Landlord shall not unreasonably withheld delay or delayedwithhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Notwithstanding the foregoing, Tenant shall cause the construction and installation of the Initial Tenant Improvements to be permitted in compliance with the approved Tenant Plans.
9.5 Landlord shall proceed, with due diligence and in a continual manner, to make Minor Alterations cause the Landlord Improvements (as defined belowin Schedule "B", "Landlord Specifications, " attached hereto and made a part hereof) without to be constructed in a good and workmanlike manner, in compliance with all applicable laws, ordinance and regulations, and to be "Substantially Completed" prior to the Substantial Completion Date (as hereinafter defined). The "Substantial Completion Date" of the Landlord Improvements shall be no later than October 6, 2002, subject to a Force Majeure Event (as hereinafter defined) and extensions due to delays caused by the Tenant from and after the date hereof. Landlord shall notify Tenant of the Substantial Completion Date, which shall be the date when the Landlord has so completed the Landlord Improvements that Tenant is permitted to enter the Landlord’s prior written consent's Premises to commence construction of the Initial Tenant Improvements, with appropriate means of ingress and egress to the site, in a manner that shall not materially impair Tenant's ability to diligently construct the Initial Tenant Improvements. Minor AlterationsFrom and after the Substantial Completion Date, as used hereinLandlord shall permit Tenant reasonable access to the Building for the construction of the Initial Tenant Improvements. Such access shall be at Tenant's own risk, shall not interfere or delay completion of the Landlord Improvements by Landlord, and shall be defined only after Tenant has obtained and delivered the insurance required under this Lease. Landlord and Tenant agree to cooperate during the construction of the Landlord Improvements and the Initial Tenant Improvements, to coordinate the scheduling of such work and to keep each other informed as any alterations, improvements, etcto their respective progress. made Not less than five (5) business days prior to the Premises Substantial Completion Date, Landlord shall furnish Tenant with a detailed punch list of items, which, in Landlord's judgment, will not be completed by the Substantial Completion Date (excluding the facade thereof) which do not affect the structure of the buildingsi.e., their systems or equipment. If Landlord approves any alterationspaving, additionscurbs, improvementslandscaping, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.)
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, (a) Tenant shall not make any alterations, additions, improvements, non-cosmetic changes additions or other material changes improvements to the Premises without Property (the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below"Alterations") without Landlord’s 's prior written consent. Minor Alterations, as used hereinexcept for interior non-structural Alterations which do not exceed $10,000.00 in cost which are not visible from the outside of the Building and which meet all applicable laws and building codes, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) and which do not affect the structure insurability or cost of insuring the Premises. In no event shall Alterations reduce the size of the buildingsBuilding or reduce the value of the Property. Tenant shall submit to Landlord detailed plans and specifications for Alterations requiring Landlord's consent and reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review thereof. Tenant shall also provide to landlord for its reasonable approval the identity of the contractor Tenant proposes to employ to construct. the Alterations for those Alterations requiring Landlord's consent. All Alterations shall be accomplished in accordance with the following conditions:
(1) Tenant shall procure all governmental permits and authorizations for the Alterations, their systems or equipmentand obtain and provide to Landlord an official certificate of occupancy and/or compliance upon completion of the Alterations, if appropriate.
(2) Tenant shall arrange for extension of its general liability insurance to apply to the construction of the Alterations. If Further, Tenant shall procure and maintain Builders Risk Casualty Insurance in the amount of the full replacement cost of the Alterations and statutory Workers Compensation Insurance covering persons employed in connection with the work.
(3) Tenant shall construct the Alterations in a good and workmanlike manner utilizing materials of quality commensurate with others in the building and in compliance with all laws and governmental regulations.
(b) Upon completion of the Alterations, if Landlord approves any alterationsso requests, additionsTenant shall provide Landlord with "as built" reproducible transparency plans of the Alterations; however, improvements, etcTenant will not be required to provide plans for non-structural alterations which do not require a building permit.,
(c) Alterations shall be the property of Landlord and shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, remain on the Property upon termination of this Leasethe Lease or, either: (i) remove any such alterations if Landlord so requires, a portion of or additions and repair any damage to the Premises (all Alterations shall be removed by Tenant on or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration termination of the PremisesLease and Tenant shall restore the Property to its condition prior to such Alterations, reasonable wear and tear excepted. Landlord will, upon Tenant's request, notify Tenant of those Alterations which must be removed at Lease end.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon place partitions and fixtures and may make improvements and other alterations to the expiration interior of the Initial Term of this LeaseLeased Premises at Tenant's expense, provided, however, that prior to commencing any such work, Tenant shall have first obtain the option written consent of Landlord to remove the proposed work, including the plans, specifications, the proposed architect and/or contractor(s) for such alterations and/or improvements and the materials used in connection with such alterations, decorationsincluding, additions without limitation, paint, carpeting, wall or improvements made by it, provided any damage to Premises resulting from window coverings and the use of carpet glues and other chemicals for installation of such removal is repairedmaterials. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages At least ten (10) days prior to the Premises resulting from such removal. During commencement of any construction in the termLeased Premises, Tenant shall not make any alterationsdeliver to Landlord copies of the plans and specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. Landlord may require that the work be done by Landlord's own employees, additionsits construction contractors, improvementsor under Landlord's direction, non-cosmetic changes but at the expense of Tenant, and Landlord may, as a condition to consenting to such work, require that Tenant provide security adequate in Landlord's judgment so that the improvements or other material changes alterations to the Leased Premises without will be completed in a good, workmanlike and lien free manner. Landlord may also require that any work done to the prior written approval interior of the Leased Premises be subject to the supervision of Landlord or its designee. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the quality and appearance of improvements in a first-class institutional grade building. All such improvements shall be the property of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding In the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made event Landlord consents to the Premises (excluding use by Tenant of its own architect and/or contractor for the facade thereof) which do not affect the structure installation of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed improvements, prior to the time when commencement of such work, Tenant shall provide Landlord with evidence that Tenant's contractor has procured worker's compensation, liability and property damage insurance (naming Landlord as an additional insured) in a form and in an amount approved by Landlord, and evidence that Tenant's architect and/or contractor has procured the necessary permits, certificates and approvals from the appropriate governmental authorities. Tenant acknowledges and agrees that any review by Landlord of Tenant's plans and specifications and/or right of approval exercised by Landlord with respect to Tenant's architect and/or contractor is for Landlord's benefit only and Landlord shall not, by virtue of such alterations review or additions were maderight of approval, be deemed to make any representation, warranty or (ii) reimburse acknowledgment to Tenant or to any other person or entity as to the adequacy of Tenant's plans and specifications or as to the ability, capability or reputation of Tenant's architect and/or contractor. Landlord for the cost of removing such alterations or additions and the restoration of the Premisesapproves Pinnacle Design as Tenant’s architect.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (A) Landlord's Consent. Subject to the prior written approval of Landlord not to be unreasonably withheld, Tenant may from time to time request changes and non-structural alterations, additions or improvements in or to the Leased Property. Tenant shall not make, or cause or permit the making of, any structural alterations, additions or improvements, including demolition and rebuilding in or to the Leased Property without obtaining Landlord's prior consent thereto in each instance. Notwithstanding the foregoing, Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause non-structural alterations to be madethe Leased Property which do not exceed $50,000 in the aggregate and change the paint and wallpaper in the Leased Property without Landlord’s consent, any provided that Tenant shall give Landlord prior written notice of its intention to do so, which notice shall include a detailed statement of the anticipated non-structural alterations and/or design changes. Plans and Specifications showing the proposed structural alterations, additions, or improvements, or install or cause additions and improvements shall be submitted to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, Landlord for approval as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration part of the Initial Term application for Landlord's consent along with copies of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repairednecessary permits. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove respond to Tenant’s request for consent within 15 days after receipt of such request. Contractors for any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of alterations must be approved by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding Notwithstanding, if Tenant includes in its written request a notice that Landlord’s failure to respond within 15 days shall be deemed an approval, then if Landlord fails to respond to Tenant within said 15 days after receipt of Tenant’s request, the foregoingrequest shall be deemed approved. At its sole cost and expense, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsobtain all required licenses, as used herein, shall be defined as temporary and permanent certificates of occupancy and other governmental approvals in connection with any structural alterations, additions or improvements, etc. made Tenant shall not make any changes to the Premises (excluding the facade thereof) which do not affect the structure exterior common areas of the buildings, their Building or the Building systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord systems designated for the cost of removing such alterations or additions and the restoration of the PremisesLeased Property.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. 17.1 Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions no alterations or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes in or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld withheld, conditioned or delayed. Notwithstanding Tenant shall not be deemed to be the foregoingagent of Landlord with respect to any contracts entered into or work done regardless of such consent. Tenant shall indemnify Landlord against any and all mechanics’ liens or other liens or claims in connection with the construction of any permitted alterations or improvements by Tenant and shall pay when due all costs, expenses and charges therefor.
17.2 All alterations or improvements (whether or not made or installed with the prior written consent of Landlord) shall be and remain part of the Premises and the property of Landlord and subject to this Lease; but personal property and removable trade fixtures of tenant shall not be deemed to become a part of the Premises and the property of Landlord unless so affixed to the Premises that their removal will substantially damage the Premises.
17.3 All personal property and fixtures placed in or about the Premises shall be at Tenant’s own risk. Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsresponsible for and shall pay when due and payable all municipal, as used hereincounty, shall be defined as state or other taxes assessed during the Term of this Lease against any alterations, improvements, etc. improvements or alterations made by Tenant to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves against any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether personal property or fixtures placed by Tenant shallin, upon or about the Premises.
17.4 Provided Tenant shall have fully performed all of Tenant’s obligations under this Lease, Tenant may, at the expiration or other termination of this Lease, either: (i) remove all of its personal property and trade fixtures permitted to be removed, but any such alterations or additions and repair any all damage to the Premises (resulting from or caused by such removal shall be promptly repaired by Tenant at Tenant’s expense. If at the buildings in which expiration or other termination of this Lease, Tenant fails to remove any personal property, trade fixtures or other property herein permitted to be removed, such property and fixtures shall be deemed abandoned by Tenant and shall become the property of Landlord, and Landlord may thereafter cause such property to be removed from the Premises are located) occasioned by their installation or removal and restore disposed of, with the Premises to substantially the same condition as existed prior to the time when costs of any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesremoval being borne by Tenant.
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ALTERATIONS AND IMPROVEMENTS. Tenant shall have bear the right expense of all permits, alterations and improvements which, are necessary in order to make the Demised Premises suitable for Tenant's occupancy. Such alterations and improvements shall be constructed under a no-lien contract and in compliance with all applicable codes, laws and ordinances and shall be made by competent licensed contractors in strict accordance with plans and specifications submitted to and approved by Landlord prior to the commencement of any work at the Demised Premises. Landlord's approval of such plans and specifications shall not excuse Tenant from compliance with all applicable laws, regulations, codes, and ordinances nor render Landlord liable for any time throughout incompleteness or design insufficiency therein. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or under any act or omission of Tenant upon the term Demised Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Demised Premises or for or on account of any matter or thing whatsoever. Nothing in this Lease and contained shall be construed to constitute a consent by Landlord to the creation of any extensions hereoflien. In the event Tenant causes, to make suffers or cause to be made, permits the creation of any alterations, additionslien against the Demised Premises, or improvementsany part thereof, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration a lien is filed because of the Initial Term of this Leasealleged non-payment by Tenant, Tenant shall have the option cause such lien to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration be released within ten (10) days after actual notice of the Initial Term of this Leasefiling thereof, Tenant if requested by or shall furnish Landlord shall remove any signs a bond, in form, with surety, and repair any damages in an amount satisfactory to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding conditioned to indemnify Landlord against the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure foreclosure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcsuch lien., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
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ALTERATIONS AND IMPROVEMENTS. 9.1. Tenant shall have will make no alteration, change, improvement, repair, replacement or addition to the right at any time throughout Leased Premises without the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, consent of Landlord which approval consent shall not be unreasonably withheld or delayed. Upon If Landlord grants such prior written consent, then the work to be done in connection therewith shall be done at Tenant’s sole cost and expense, but by Landlord’s contractors or other qualified contractors reasonably approved in advance, in writing, by Landlord and in a manner and upon terms and conditions and at a time reasonably satisfactory to Landlord. In any instance where Landlord grants such consent, Landlord may grant such consent contingent and conditioned upon Tenant’s contractors, laborers, materialmen and others furnishing labor or materials for Tenant’s job working in harmony and not interfering with any labor utilized by Landlord, Landlord’s contractors or mechanics or by any other tenant or such tenant’s contractors or mechanics; and if at any time such entry by one or more persons furnishing labor or materials for Tenant’s work shall cause disharmony or interference, the consent granted by Landlord to Tenant may be withdrawn immediately upon notice to Tenant. Notwithstanding anything contained herein to the contrary, Tenant may make non-structural cosmetic improvements to the Leased Premises that do not include any changes, additions, or effect the structural, HVAC, electrical or plumbing without prior Landlord written approval as long as the cost of such non-structural cosmetic improvements do not exceed $100,000.00 in any twenty-four (24) consecutive month period. Tenant agrees to notify Landlord in writing as to any non-structural cosmetic improvements to be made by Tenant.
9.2. Any and all permitted alterations, additions, improvements, or changes (when made to the Leased Premises by Tenant) shall become property of Landlord at the expiration of the Initial Lease Term and shall be surrendered to Landlord upon termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to moveable equipment or furniture owned by Tenant. Tenant hereby expressly waives all rights to any payment or compensation for any alterations, changes or improvements to the Leased Premises. Notwithstanding the provision that such alterations, improvements and changes will remain in the Leased Premises upon termination of this Lease, if Landlord so requests in writing or if it is expressly stated in Exhibit “C” to the Lease, Tenant, shall prior to termination of this Lease, Tenant shall remove any and all alterations, cabling, fixtures and property placed or installed by Tenant in the Leased Premises and will repair any damages caused by such removal.
9.3. Tenant may remove its trade fixtures, moveable office furniture, and equipment not attached to the Building provided;
9.3.1. Such removal is made not later than ten (10) days following termination of this Lease.
9.3.2. Tenant is not in default beyond any applicable cure period of any obligation or covenant of this Lease at the lime of such removal.
9.3.3. Tenant shall promptly repair all damage caused by such removal.
9.4. If any property not belonging to Landlord remains at the Leased Premises after ten (10) days after expiration of the Term of this Lease, Tenant shall have hereby authorizes Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the option to remove event that such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from property is property of Tenant; and in the event that such removal property is repaired. Also, upon the expiration property of the Initial Term of this Leasesomeone other than Tenant, Tenant if requested by agrees to expressly indemnify, defend and hold Landlord shall remove harmless from any signs and repair all claims, damages, suits, liability, loss and expenses in connection therewith or incident to any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes exercise or other material changes to the Premises without the prior written approval dominion over and/or disposition of such property by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Franklin Bank Corp)
ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have not make or perform, or permit the right making or performance of, any initial or subsequent tenant finish work or any alterations, installations, decorations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord agrees not to withhold its consent unreasonably to any nonstructural Alterations proposed to be made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may from time to time reasonably designate. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. No Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value of the Building. No alteration shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors and comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. If Landlord shall require Tenant to assure payment of all costs of such alterations, prior to commencement of any approved Alteration, Tenant shall cause to be issued and delivered to Landlord an irrevocable documentary letter of credit or payment bond in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole or in part, from time to time to the order of Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to the obligation secured thereby. The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations. Tenant shall cause its contractor to provide Landlord with a certificate of completion of the Alterations and a bills paid affidavit and full lien waiver; and upon receipt of same, and no fewer than thirty-one (31) days following completion if Tenant is not in default hereunder, Landlord shall return the letter of credit to Tenant unused and endorsed for cancellation. Tenant shall, if requested by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with applicable laws, orders and regulations of Federal, State, County, and Municipal authorities and with all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the Dallas Board of Fire Underwriters or any similar body. All alterations shall be made and performed in accordance with the Building rules. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises, Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the city in which the Leased Premises are located. Tenant shall furnish such certificate to Landlord promptly after issuance of same.
(b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employ or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant, or other. In the event of any such interference or conflict. Tenant, upon demand of Landlord, shall cause all contractors, mechanics, or laborers causing such interference or conflict to leave the Building immediately.
(c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense, or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause and other property which have been installed at the sole expense of Tenant and which are removable without material damage to the Leased Premises shall be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with and remain the property of Tenant. At Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease's option, Tenant shall have remove any property belonging to Tenant at the option end of the term hereof, and Tenant shall repair or, at Landlord's option, shall pay to remove such alterations, decorations, additions or improvements made by it, provided Landlord the cost of repairing any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting arising from such removal. During the term, Tenant shall not make Any replacements of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at Tenant's expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Commercial Lease Agreement (Monitronics International Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right to make alterations and Improvements to the Premises, subject to the following terms and conditions:
(a) No alterations or improvements made by Tenant shall in any way impair the structural stability of any building or improvement on the Premises or diminish the value of the Premises.
(b) All alterations or improvements requiring an expenditure greater then TEN THOUSAND DOLLARS ($10,000) shall be first approved in writing by Landlord.
(c) Tenant shall keep all of the Premises and every part thereof, including buildings and other improvements at any time throughout the term located thereon, free and clear of this Lease any and all mechanics', materialmen's, and other liens arising out of, or in connection with, any extensions hereofwork or services performed, or materials or appliances furnished to make Tenant as part of any alterations, improvements, or repairs that Tenant may make, or cause to be made, any alterations, additionson or about the Premises, or improvementsany obligations of any kind incurred by Tenant. Tenant further agrees to promptly and fully discharge any and all claims on which such liens might be based, and to hold Landlord free and harmless from any and all such liens and claims of liens and suits or install or cause other proceedings pertaining thereto. Should Tenant desire to be installed contest any trade fixturelien that may attach to the Premises, signsTenant shall first notify Landlord in writing of Tenant's intention so to do within five (5) business days of the lien having been filed. In such a case, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayedconsidered in default hereunder until ten (10) business days after the final determination of the validity thereof, within which time Tenant shall satisfy and discharge the lien to the extent held valid. Upon The satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered on the lien, and that delay shall be a default of Tenant under this Lease. In the event of any such contest, Tenant shall protect and indemnify Landlord against all loss, cost, expense, and damage resulting from the contest.
(d) All alterations and improvements made to the Premises shall become the property of Landlord and shall remain on and be surrendered with the Premises at the expiration or earlier termination of the Initial Term of this Lease, including any extension thereof. Notwithstanding any other provision in this Lease, Tenant shall have the option right to remove such alterations, decorations, additions or improvements made by it, provided any damage to its trade fixtures from the Premises resulting from such removal is repaired. Also, upon at the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove any such alterations or additions Lease term provided Tenant is not then in default under this Lease and provided that Tenant shall repair any damage to the Premises caused by that removal.
(or e) All alterations and improvements shall comply with the buildings in which the Premises are located) occasioned by their installation or removal applicable laws, ordinances, and restore the Premises to substantially the same condition as existed prior to the time when regulations of any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of governmental authority with jurisdiction over the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right to make alterations and improvements to the Premises, subject to the following terms and conditions:
(a) No alterations or improvements made by Tenant shall in any way impair the structural stability of any building or improvement on the Premises or diminish the value of the Premises.
(b) All alterations or improvements requiring an expenditure greater than Ten Thousand Dollars ($10,000) shall be first approved in writing by Landlord.
(c) Tenant shall keep all of the Premises and every part thereof, including buildings and other improvements at any time throughout the term located thereon, free and clear of this Lease any and all mechanics’, materialmen’s, and other liens arising out of, or in connection with, any extensions hereofwork or services performed, or materials or appliances furnished to make Tenant as part of any alterations, improvements, or repairs that Tenant may make, or cause to be made, any alterations, additionson or about the Premises, or improvementsany obligations of any kind incurred by Tenant. Tenant further agrees to promptly and fully discharge any and all claims on which such liens might be based, and to hold Landlord free and harmless from any and all such liens and claims of liens and suits or install or cause other proceedings pertaining thereto. Should Tenant desire to be installed contest any trade fixturelien that may attach to the Premises, signsTenant shall first notify Landlord in writing of Tenant’s intention so to do within five (5) business days of the lien having been filed. In such a case, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayedconsidered in default hereunder until ten (10) business days after the final determination of the validity thereof, within which time Tenant shall satisfy and discharge the lien to the extent held valid. Upon The satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered on the lien, and that delay shall be a default of Tenant under this Lease. In the event of any such contest, Tenant shall protect and indemnify Landlord against all loss, cost, expense, and damage resulting from the contest.
(d) All alterations and improvements made to the Premises shall become the property of Landlord and shall remain on and be surrendered with the Premises at the expiration or earlier termination of the Initial Term of this Lease, including any extension thereof. Notwithstanding any other provision in this Lease, Tenant shall have the option right to remove such alterations, decorations, additions or improvements made by it, provided any damage to its trade fixtures from the Premises resulting from such removal is repaired. Also, upon at the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove any such alterations or additions Lease term provided Tenant is not then in default under this Lease and provided that Tenant shall repair any damage to the Premises caused by that removal.
(or e) All alterations and improvements shall comply with the buildings in which the Premises are located) occasioned by their installation or removal applicable laws, ordinances, and restore the Premises to substantially the same condition as existed prior to the time when regulations of any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of governmental authority with jurisdiction over the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any no alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlordlandlord, which unless in each instance and for each such alteration, addition or improvement Landlord or a contractor approved by Landlord is hired to do such alterations, additions or improvements. Such approval shall not be unreasonably withheld or delayed. Notwithstanding in the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any case of alterations, improvements, etc. made additions or improvements to the Premises (excluding the facade thereof) which do not affect the structure interior of the buildings, their systems or equipment. If Landlord approves any premises if such alterations, additions, or improvements are normal for the use described in Item 1 (d) of this Lease, do not adversely affect utility of the Premises for future tenants, do not alter the exterior of the Building, and are accompanied by prepayment or bond provisions or waivers by the contractor in form satisfactory to landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Furthermore, such alterations, additions or improvements absolutely shall not affect the plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and as not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverages prescribed by Landlord, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior to the commencement of any work by such contractors. All alterations, additions or improvements, etc.whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the end of the term hereof shall remain in or upon the Premises without compensation to Tenant. If, however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to expiration or earlier termination of this Lease, either: (i) remove any such alterations or and all alterations, additions and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant's furniture, movable trade fixtures and equipment not attached to the Premises (Building may be removed by Tenant at the termination of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations, additions or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior improvements and/or to the time when any extent Landlord on behalf of Tenant under an "Extra Work Agreement" makes such alterations alterations, additions or additions were madeimprovements, and as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or (ii) reimburse insurance premiums, then Tenant shall be responsible for reimbursing Landlord for such increases as Landlord may pay. Tenant shall keep the cost of removing premises and Building free from any liens arising from any work performed in accordance with this Lease. Any such alterations alterations, additions or additions improvements conducted by Tenant shall be in accordance with all federal, state and local laws, rules and regulations, including, without limitation, the restoration of the PremisesADA.
Appears in 1 contract
Samples: Sublease (Brite Voice Systems Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, Except for alterations to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the termTenant's sales equipment, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes alterations or other material changes improvements in or to the Premises without the prior written approval consent of Landlord, Landlord which approval consent shall not be unreasonably withheld as to interior non- structural, non-mechanical, non-electrical changes. At Landlord's option, such improvements or delayedalterations shall be performed by Landlord, at the cost of Tenant provided Landlord's charge and schedule shall be competitive and said charge shall not exceed ten percent (10%) of any responsive and responsible bid tendered by another contractor. Notwithstanding Any approved alteration or improvement shall be done by contractors approved by Landlord and in a good and workmanlike manner and in a manner so that the foregoing, structural integrity of the building in which the Premises is located shall not be impaired. Tenant shall be permitted obtain all necessary permits and, at Landlord's option shall submit to make Minor Alterations Landlord architectural renderings and insurance and lien waivers to Landlord required by Landlord. Upon the making of such alterations or improvements the same shall become the property of Landlord; provided, however, that, at its option, Landlord may, on the termination of this Lease (as defined belowprovided this election is made by Landlord at the time of its consent) without Landlord’s prior written consent. Minor Alterations, as used herein, require that Tenant remove the same at no expense to Landlord and repair any damage caused by such removal and that the Premises shall be defined as any alterations, improvements, etc. made to left by Tenant in the condition that the Premises (excluding were in at the facade thereof) which do not affect the structure commencement of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination term of this Lease, either: (i) remove any such alterations or additions ordinary wear and repair any damage tear casualty, condemnation and Landlord's obligations excepted. With respect to the Premises (provisions of this Section 14.1, Tenant shall comply with all governmental requirements; including but no limited to building, electrical and plumbing codes. All work performed shall be done in such a manner as not to disturb or disrupt the buildings operation of the Park or of any other occupants in which the Park. Following completion of any changes, additions or improvements, Tenant shall furnish Landlord with current "as-built" drawings and specifications for the Premises are located) occasioned by their installation reflecting such changes, additions or removal and restore the Premises to substantially the same condition as existed prior improvements made to the time when any Premises. Any increase in the Real Estate Taxes or insurance premiums on the Park attributable to such alterations change, addition or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.improvements shall be paid by Tenant. ARTICLE XV ---------- Limitation on Landlord's Liability; Tenant's indemnity; Insurance
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant (a) Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be made, made any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Improved Lease Premises without the prior written approval consent of LandlordLessor. All alterations, which approval shall not be unreasonably withheld additions or delayed. Notwithstanding the foregoing, Tenant improvements approved by Lessor shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinmade solely at Lessee's expense by a contractor approved by Lessor, shall be defined made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Lease Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 5, and any fixtures installed as any alterationsa part thereof, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, either: (i) and Lessee shall promptly remove any such alterations or additions the same and repair any damage to the Improved Lease Premises caused by such removal. Notwithstanding the foregoing, Lessee shall not be obligated to remove the vault from the Improved Lease Premises.
(b) All persons to whom these presents may come are put upon notice of the fact that Lessee shall never, under any circumstances, have the power to subject the interest of Lessor, Ground Lessor or any mortgagee in the Improved Lease Premises to any mechanic's, materialman's or similar lien.
(c) Any contract or agreement for labor, equipment, services, materials or supplies in connection with the rights set forth hereunder shall provide that no lien or claim shall thereby be created or arise, or be filed by anyone thereunder, upon or against the Improved Lease Premises and/or the interest of Lessor, Ground Lessor or any mortgagee, or the buildings in which or improvements thereon to be erected on the Improved Lease Premises are locatedor any of the equipment thereof.
(d) occasioned In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by their installation Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, Ground Lessor, any mortgagee and/or against the Improved Lease Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, or removal and restore the Premises to substantially the same condition within such shorter time as existed prior may be required pursuant to the time when Ground Lease, cause the Improved Lease Premises and any such alterations interest therein to be released from the legal effect of such lien or additions were madeclaim, either by payment or (ii) reimburse Landlord for by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Lease Premises or the interest from such claim or in any manner satisfactory to Lessor, Ground Lessor and any mortgagee. If Lessee desires to contest the validity of any lien or claim, Lessee may do so upon Lessor's prior written consent, provided Lessee sustains the cost of removing such alterations contest, and Lessee remains liable to pay or additions discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and the restoration holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of the Premisessuch contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant (a) The Lessee shall have the right from time to time of making Additional Improvements to the Facility Realty as it may determine in its discretion to be desirable for its uses and purposes, provided that:
(i) as a result of the Additional Improvements, the fair market value of the Facility is not materially reduced below its fair market value immediately before the Additional Improvements are made and the usefulness, structural integrity or operating efficiency of the Facility is not materially impaired,
(ii) the Additional Improvements are effected with due diligence, in a good and workmanlike manner and in compliance with all applicable Legal Requirements,
(iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the applicable contract(s) therefor, and
(iv) the Additional Improvements do not change the nature of the Facility so that it would not constitute the Approved Facility and a qualified “project” within the meaning of the Act.
(b) All Additional Improvements shall constitute a part of the Facility, subject to the Company Lease and this Agreement.
(c) If at any time throughout after the term Project Completion Date, the Lessee shall make any Additional Improvements, the Lessee shall (i) notify an Authorized Representative of this Lease the Agency of such Additional Improvements by delivering written notice thereof within thirty (30) days after the completion of the Additional Improvements, and any extensions hereof(ii) take the actions required by Section 5.1(f).
(d) In addition to the Facility Personalty, the Lessee shall have the right to make or cause to be made, any alterations, additions, or improvements, or install or cause permit to be installed any trade fixtureat the Facility Realty, signsmachinery, floor coveringequipment and other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lessee’s prior written approval, which approval Property shall not be unreasonably withheld subject to the Company Lease or delayed. Upon the expiration this Agreement, nor constitute part of the Initial Term of this LeaseFacility, Tenant provided that the same is not made fixtures appurtenant to the Facility Realty. The Lessee shall have the option right to remove such alterationscreate or permit to be created any mortgage, decorationsencumbrance, additions lien or improvements made by itcharge on, provided any damage to Premises resulting from such removal is repaired. Alsoor conditional sale or other title retention agreement with respect to, upon the expiration Lessee’s Property, without the consent of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages or notice to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes Agency.
(e) Notwithstanding anything to the Premises without contrary in this Section 3.6, the prior written approval of Landlord, which approval Lessee shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted required to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as replace any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems Facility Personalty that performed a function that has become obsolete or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, is otherwise no longer necessary or desirable in writing, along connection with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions the use and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration operation of the PremisesFacility Realty for Approved Project Operations.
Appears in 1 contract
Samples: Agency Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, (a) Tenant shall not make any alterations, additions, improvements, non-cosmetic changes additions or other material changes improvements to the Premises without Property (the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below"Alterations") without Landlord’s 's prior written consent. Minor The foregoing notwithstanding, Tenant shall have the right to make minor, non-structural, interior alterations in, to, or for the Building, including but not limited to the erection and/or removal of interior wall partitions, work stations, cabinets, interior storage systems, shelves, racking, painting and interior decorations and other work of a substantially similar nature. In no event shall Alterations permanently reduce the size or cubic content of the Building or reduce the value of the Property. Tenant shall submit to Landlord detailed plans and specifications for Alterations requiring Landlord's consent and reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review thereof. Tenant shall also provide to Landlord for its reasonable approval the identity of the contractor Tenant proposes to employ to construct the Alterations. All Alterations shall be accomplished in accordance with the following conditions:
(1) Tenant shall procure all governmental permits and authorizations for the Alterations, and obtain and provide to Landlord an official certificate of occupancy and/or compliance upon completion of the Alterations, if appropriate.
(2) Tenant shall arrange for extension of the general liability insurance provided for in Section 7(b) to apply to the construction of the Alterations. Further, Tenant shall procure and maintain Builders Risk Casualty Insurance in the amount of the full replacement cost of the Alterations and statutory Workers Compensation Insurance covering all persons employed in connection with the work. All such insurance shall conform to the requirements of Section 7(c).
(3) Tenant shall construct the Alterations in a good and workmanlike manner utilizing materials of first class quality and in compliance with all laws and governmental regulations.
(b) Upon completion of the Alterations, Tenant shall provide Landlord with "as used hereinbuilt" reproducible transparency plans of the Alterations, except in the case of minor alterations where plans are not available.
(c) Alterations shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems Tenant and shall be removed by Tenant on or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration termination of the PremisesLease and Tenant shall restore the Property to its condition prior to such Alterations.
Appears in 1 contract
Samples: Lease Agreement (Net Grocer Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have not make or perform, or permit the right making or performance of, any initial or subsequent tenant finish work or any alterations, installations, decorations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord agrees not to withhold its consent unreasonably to any nonstructural Alterations proposed to be made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity, with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may from time to time reasonably designate. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. No Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value of the Building. No alteration shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration. Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors and comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. If Landlord shall require Tenant to assure payment of all costs of such alterations, prior to commencement of any approved Alteration, Tenant shall cause to be issued and delivered to Landlord an irrevocable documentary letter of credit or payment bond in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole or in part, from time to time to the order of Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to the obligation secured thereby. The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations. Tenant shall cause its contractor to provide Landlord with a certificate of completion of the Alterations and a bills paid affidavit and full lien waiver; and upon receipt of same, and no fewer then thirty-one (31) days following completion if Tenant is not in default hereunder. Landlord shall return the letter of credit to Tenant unused end endorsed for cancellation. Tenant shall, if requested by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with applicable laws, orders and regulations of Federal, State, County, and Municipal authorities and with all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the Dallas Board of Fire Underwriters or any similar body. All alterations shall be made and performed in accordance with the Building rules. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises, Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the city in which the Leased Premises are located. Tenant shall furnish such certificate to Landlord promptly after issuance of same.
(b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employ or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant, or other. In the event of any such interference or conflict. Tenant, upon demand of Landlord, shall cause all contractors, mechanics, or laborers causing such interference or conflict to leave the Building immediately.
(c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense, or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause and other property which have been installed at the sole expense of Tenant and which are removable without material damage to the Leased Premises shall be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with and remain the property of Tenant. At Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease's option, Tenant shall have remove any property belonging to Tenant at the option end of the term hereof, and Tenant shall repair or, at Landlord's option, shall pay to remove such alterations, decorations, additions or improvements made by it, provided Landlord the cost of repairing any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting arising from such removal. During the term, Tenant shall not make Any replacements of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at Tenant's expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Commercial Lease Agreement (Monitronics International Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have At the right at any time throughout the term of this Lease and any extensions hereof, to make end or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term other termination of this Lease, Tenant shall have deliver the option Premises to remove such alterationsLandlord with all improvements located thereon (except as otherwise herein provided) in good repair and condition, decorationsreasonable wear and tear, additions or improvements made by itcasualty and condemnation excepted, provided and shall deliver to Landlord all keys to the Premises. The cost and expense of any damage repairs necessary to Premises resulting from such removal is repaired. Also, upon restore the expiration condition of the Initial Term of this Lease, Tenant if requested by Premises to said condition in which they are to be delivered to Landlord shall remove any signs and repair any damages to the Premises resulting from such removalbe borne by Tenant. During the term, Tenant shall will not make or allow to be made any alterations, additions, improvements, non-cosmetic changes alterations or other material changes physical additions in or to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld as to non-structural alterations PROVIDED THAT NO CONSENT SHALL BE REQUIRED FOR NON-STRUCTURAL ALTERATIONS NOT EXCEEDING $15,000.00 IN THE AGGREGATE, WHICH ARE OTHERWISE IN COMPLIANCE WITH THIS LEASE, PROVIDED, HOWEVER, TENANT SHALL PROVIDE LANDLORD WITH AS-BUILT DRAWINGS AND A COMPUTER DISKETTE (DXF FORMAT) WITHIN TEN (10) DAYS OF COMPLETION OF SUCH ALTERATIONS. In such cases, Tenant agrees to cause such alterations to comply with all applicable governmental laws, ordinances and regulations. Tenant shall promptly pay for the costs of all work performed and shall indemnify Landlord against liens, costs, damages or delayedexpenses incurred therewith including reasonable attorney's fees incurred by Landlord if Landlord shall be joined in any action or proceeding involving such work. Notwithstanding Under no circumstances shall Tenant commence such work until Landlord has been provided with evidence that Tenant's contractor(s) is licensed and carries adequate public liability and builders risk insurance and xxxxxxx compensation as required by the foregoingState of Texas and in amounts deemed satisfactory by Landlord. Upon completion of the alterations, Tenant shall be permitted deliver to make Minor Alterations (as defined below) without the Landlord "as-built" plans. At Tenant's option, if Landlord performs such alterations, Tenant shall pay Landlord’s prior written consent. Minor Alterations, as used hereinAdditional Rent, the cost thereof plus fifteen percent (15%) as reimbursement for Landlord's overhead. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be defined as any alterationsat Landlord's option, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon 's property on termination of this Lease, either: (i) remove any such alterations or additions lease and repair any damage to shall remain on the Premises (without compensation to Tenant. All furniture, movable trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or if not so removed shall, at the option of Landlord, become the property of Landlord. All such installations, removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the Premises or the buildings in which primary structure or structural qualities of any building improvements or the Premises are located) occasioned by their installation plumbing, electrical lines or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesother utilities.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any no alterations, additionsadditions or improvements to the Premises without prior written approval of Landlord, unless Landlord is hired to do such alterations, additions or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which . Such approval shall not be unreasonably withheld or delayed. Upon in the expiration case of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration interior of the Initial Term of this LeasePremises, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, or improvements are normal for office use, do not adversely affect utility of the Premises for future tenants, do not alter the exterior of the Building, are not of a structural nature and are accompanied by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and is not to interfere with the operation of the Building and shall, prior to commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All alterations additions or improvements, non-cosmetic changes whether temporary or other material changes to permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property and at the end of the term hereof shall remain in or upon the Premises without the prior written approval of Landlordcompensation to Tenant, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoingIf, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to termination of this Lease, either: (i) remove any such alterations or and all alterations, additions and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant’s furniture, movable trade fixtures and equipment not attached to the Premises (or Building may be removed by Tenant at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration termination of the PremisesLease, if Tenant so elects, and shall be so removed, if required by Landlord, and, if not so removed, shall, at the option of Landlord, become the property of Landlord.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations, mobile partitions, racking and shelving which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $50,000.00 in the aggregate, Tenant shall not make or allow to be made any alterations, physical additions (including cables) or improvements in or to the Premises without first obtaining in writing Landlord’s consent for such alterations or additions, which consent may be granted or withheld in Landlord’s sole discretion if the alterations will affect the Building structure or systems or will be visible from outside the Premises, but which consent shall not be unreasonably withheld if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises. Upon Landlord’s request, Tenant shall deliver to Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for Landlord’s reasonable cost to review such plans upon demand. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, that Landlord, at its option, may require Tenant to remove any alterations, additions or improvements in order to restore the Premises to the condition existing prior to the installation of the same. In all circumstances Tenant shall remove, by the date Landlord is entitled to possession of the Premises, all cable installed in the Premises by or on behalf of Tenant. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements shall be made (i) in a good, workmanlike, first-class and prompt manner; (ii) using only new materials approved by Landlord; (iii) by an experienced, reputable contractors and subcontractors approved by Landlord; (iv) in accordance with plans and specifications prepared by an architect and engineer acceptable to Landlord, which plans and specifications are approved by Landlord; (v) in accordance with all applicable laws; (vi) in a manner that does not disturb the business operations of any other occupant of the Building; (vii) after Tenant has obtained public liability, worker’s compensation, Builder’s All-Risk, Completed Operations Coverage, and such other insurance policies required by Landlord, all in forms, amounts and issued by companies approved by Landlord, which policies shall cover every person who will perform work with respect to the alterations, additions or improvements; and (viii) after Tenant has obtained and delivered to Landlord unconditional waivers, in form satisfactory to Landlord, of mechanics’ and materialmen’s liens against the Premises, the Building and the Property from all proposed contractors, subcontractors, laborers and material suppliers for the alterations, additions or improvements. If Tenant fails to comply with the terms of this Section in connection with alterations, additions or improvements, Landlord may cause the cessation of construction or installation of the same until such time as Tenant complies with the terms of this Section. Further, in the event the subject matter of non-compliance may affect any structural component of the Building, any Building system or the exterior appearance of the Premises or the Building, then Landlord may take such action as Landlord may elect to address the subject matter without incurring any liability on Landlord’s part, and Tenant shall pay to Landlord upon demand all costs incurred by Landlord in connection therewith. If any alterations, additions or improvements are made without Landlord’s prior consent, Landlord shall have the right to remove and correct the same and restore the Premises and the Building to their condition immediately prior thereto or to require Tenant to do the same, and Tenant shall pay to Landlord upon demand all costs incurred by Landlord in connection therewith. Upon completion of any alterations, additions or improvements, Tenant shall, at its expense, deliver to Landlord: (1) two sets of mylar reproducible “as-built” drawings and a CAD disk for the same; (2) certifications executed by Tenant’s architects, engineers and contractors for the same which certifications shall certify that the “record-set” of as-built drawings for such alterations, additions or improvements are true and correct; (3) copies of all permits, other approvals of governmental authorities, warranties, guaranties and operating manuals relating to the alterations, additions or improvements; and (4) full and final waivers of all liens for labor, services or materials for the alterations, additions or improvements, in form reasonably satisfactory to Landlord. Tenant does hereby agree to indemnify, protect, defend and hold harmless Landlord from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any time throughout such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the term Term of this Lease and any extensions or renewals hereof, any ad valorem or property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, any such contractors or workmen must first be approved, by Landlord (which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcwithheld)., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right A. Lessee may, at any time throughout the term of this Lease its sole cost and any extensions hereofexpense, to make or cause to be made, any additional alterations, additions, or improvementsimprovements to the interior of the Premises, which is the subject of this Lease (hereinafter called “Alterations and Improvements”), provided that such Alterations and Improvements shall not adversely or otherwise affect the roof and Structural portions of the Premises or the building of which the Premises is a part in the case of multi-tenant properties, or install or cause any Systems contained therein. THE ABOVE NOTWITHSTANDING, LESSEE SHALL NOT, UNDER ANY CIRCUMSTANCES MAKE ANY HOLES IN OR PENETRATIONS OF THE ROOF OF THE BUILDING WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, WHICH MAY BE WITHHELD, DELAYED OR REFUSED FOR ANY REASON OR NO REASON WHATSOEVER.
B. All such Alterations and Improvements shall be in accordance with detailed plans and specifications to be installed any trade fixturesupplied by Lessee to Lessor, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordwhich plans shall in all instances first be subject to Lessor’s prior written approvalapproval (“Lessor’s Approval”), which approval Lessor’s Approval shall not be unreasonably withheld or delayedwithheld. Upon In the expiration event that Lessor grants approval for the construction of such Interior Improvements, Lessor shall also advise Lessee, if Lessor will allow such Interior Improvements to remain upon the Premises as of the Initial Term of this Lease, Tenant Lease Termination Date. If Lessor shall have the option determine that such Interior Improvements are to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, remain upon the expiration Premises, as of the Initial Term of this LeaseLease Termination Date, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant Lessee shall be permitted required to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made restore them to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed upon the initial completion of the construction of such Interior Improvements and to the specifications initially approved by the Lessor. In the event that Lessor shall not confirm in writing to Lessee that such Interior Improvements shall remain upon the Premises, it shall be deemed to be a requirement that such Interior Improvements be removed from the Premises prior to the time when Lease Termination Date specified in Subparagraph D hereinbelow. Lessee shall provide Lessor with evidence that each contractor performing work on the Premises has adequate workmen’s compensation insurance, Commercial General Liability insurance, and Vehicular Liability insurance (written on an occurrence basis) in the amount of at least One Million Dollars ($1,000,000.00) per occurrence and at least Two Million Dollars ($2,000,000.00) aggregate as to the Premises for bodily injury, including death, personal injury and property damage, in the form of a certificate from an insurer, who shall be reasonably satisfactory to Lessor, to the effect that such insurance may not be canceled or substantially modified without at least thirty (30) days’ prior written notice, certified mail, return receipt requested, to Mxxx Xxxxxx, personally, as authorized representative of Lessor. Said insurance policies shall be with an insurance company having a Best Rating of A and shall name Lessor, Mxxxxxxxxx County Industrial Development Authority, any such alterations or additions were mademortgagee of record and other appropriate parties designated by Lessor as additional named insureds. Lessor’s Approval is intended solely for purposes of this Paragraph 24, or (ii) reimburse Landlord for the cost purpose of removing such alterations or additions providing Lessor with notice of all Alterations and Improvements, and the restoration opportunity to reject any adverse effect on the Premises and Lessor’s obligations under this Lease. Lessor’s Approval shall not signify approval by Lessor of the Premisesdesign or functionality of any Alterations and Improvements and shall not confer any rights whatsoever on third parties.
Appears in 1 contract
Samples: Lease Agreement (American Bank Note Holographics Inc)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord's written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord's request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements (and/or any cabling installed by or on behalf of Tenant) in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder's risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed performed by contractors or workmen other than Landlord's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or with respect to any work performed by said contractor in connection with improvements made by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost request of removing such alterations or additions and the restoration of the PremisesTenant.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon place partitions and fixtures and may make improvements and other alterations to the expiration interior of the Initial Term Leased Premises at Tenant's expense, provided, however, that prior to commencing any structural work or any other work costing in excess of this LeaseTwenty Thousand and No/100 Dollars ($20,000.00), Tenant shall have first obtain the option written consent of Landlord to remove the proposed work, including the plans, specifications, the proposed architect and/or contractor(s) for such alterations and/or improvements and the materials used in connection with such alterations, decorationsincluding, additions without limitation, paint, carpeting, wall or improvements made by it, provided any damage to Premises resulting from window coverings and the use of carpet glues and other chemicals for installation of such removal is repairedmaterials. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages At least ten (10) days prior to the Premises resulting from such removal. During commencement of any construction in the termLeased Premises, Tenant shall not make any alterationsdeliver to Landlord copies of the plans and specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. Landlord may, additionsas a condition to consenting to such work, improvements, non-cosmetic changes require that Tenant provide security adequate in Landlord's judgment so that the improvements or other material changes alterations to the Leased Premises without will be completed in a good, workmanlike and lien free manner. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the prior written approval quality and appearance of the improvements in the remainder of the Building. All such improvements shall be the property of Landlord, which approval shall not be unreasonably withheld or delayedunless otherwise agreed to in writing by Landlord. Notwithstanding Prior to the foregoingcommencement of such work, Tenant shall provide Landlord with evidence that Tenant's contractor has procured worker's compensation, liability and property damage insurance (naming Landlord as an additional insured) in a form and in an amount approved by Landlord, and evidence that Tenant's architect and/or contractor has procured the necessary permits, certificates and approvals from the appropriate governmental authorities. Tenant acknowledges and agrees that any review by Landlord of Tenant's plans and specifications and/or right of approval exercised by Landlord with respect to Tenant's architect and/or contractor is for Landlord's benefit only and Landlord shall not, by virtue of such review or right of approval, be permitted deemed to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsany representation, as used herein, shall be defined as warranty or acknowledgment to Tenant or to any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.other person or
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant 6.01 Lessee shall have the right at not make any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, alterations or improvements, improvements in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lease Premises (“Alterations”) without Lessor’s prior written approvalconsent, which approval consent shall not be unreasonably withheld withheld, conditioned, or delayed. Lessee shall not permit or allow any lien to be filed or recorded against the Leased Premises or Lessor’s interest therein, and Lessee shall fully cooperate with Lessor in obtaining the protection afforded Lessor under Section 38-22-105(2), C.R.S., as amended to date. All Alterations made in or to the Leased Premises by Lessee shall immediately become part of the Leased Premises and be surrendered with the Leased Premises at the termination of this Lease. Upon the expiration of the Initial Term Lease, the Lessee shall not be required to remove any of the initial Fit-out work or any improvements existing at the time of delivery of the Premises to Lessee, regardless of who performed or paid for such work. Notwithstanding the foregoing, any generators and/or chill-packs installed by Lessee shall be considered personal property, and Lessee shall have the option, at Lessee’s sole election, to remove such generator(s) and/or chill-pack(s) or leave said installations on the Premises upon Lease expiration.
6.02 All equipment, fixtures and improvements of a detachable or temporary nature installed or placed upon the Leased Premises by Lessee, including trade fixtures, shall remain the property of Lessee, subject to Lessee’s right, at its option, to remove same not later than ten (10) days after termination of this Lease. Lessee, Tenant at its expense, shall have the option to remove such alterations, decorations, additions or improvements made by it, provided promptly repair any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the termThe failure of lessee to remove its equipment, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions fixtures and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.detachable improvements within ten
Appears in 1 contract
Samples: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have not, without prior written consent of the right at any time throughout the term of this Lease and any extensions hereofLandlord, to make or cause to be made, any alterations, additionsadditions or improvements to the Leased Premises which (a) require structural changes, (b) lessen the value of the Leased Premises, (c) require penetration of the roof, (d) require modification of the exterior of the building, or improvements(e) require modification of utility services, plumbing, electrical or install heating systems or cause lines. If Landlord’s consent is requested, Landlord will respond within twenty (20) days after the receipt by Landlord of Tenant’s written request. If Landlord does not respond within such twenty (20) day period, Tenant may give a second request to Landlord which shall inform Landlord that a failure to respond within seven (7) days shall be deemed to be installed any trade fixturean approval of the request, signsand if Landlord does not respond within seven (7) days following Landlord’s receipt of the second request, floor covering, interior or exterior painting or lighting, plumbing the request shall be deemed to be approved. All fixtures, shades or awningspaneling, as partitions and other items installed by the Tenant, except those replacements required to be made by Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon under the expiration of the Initial Term terms of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted removed by the Tenant at the Tenant’s own expense prior to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove unless Landlord elects in writing to have said improvements remain in the Premises, in which case said improvements then become the property of the Landlord. Nothing in this Article shall be construed to prevent Tenant’s removal of trade fixtures. Upon removal of any such alterations trade fixtures from Premises or additions upon removal of other installations as may be required by the Landlord, Tenant shall immediately and at its own expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Leased Premises (due to such removal, reasonable wear and tear excepted. All property permitted or required to be removed by Tenant at the buildings end of the Lease Term, which remains in which the Premises are located) occasioned by their installation after Tenant’s removal shall be deemed abandoned and may at the election of the Landlord, either be retained as Landlord’s property or removal and restore may be removed from the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse by Landlord for the cost of removing such alterations or additions and the restoration of the Premisesat Tenant’s expense.
Appears in 1 contract
Samples: Lease Agreement (Sielox Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant Sublessee shall have the right at any time throughout the term of this Lease Sublease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant Sublessee may deem necessary or suitable with Landlord’s Sublessor's prior written approval, which approval shall not be unreasonably withheld or delayeddelayed so long as the requested improvements do not violate the terms and conditions of the Master Lease Agreement. Upon the expiration of the Initial Term of this LeaseSublease, Tenant Sublessee shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this LeaseSublease, Tenant Sublessee if requested by Landlord Sublessor shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant Sublessee shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of LandlordSublessor, which approval shall not be unreasonably withheld or delayeddelayed so long as the request does not violate the terms and conditions of the Master Lease Agreement. Notwithstanding the foregoing, Tenant Sublessee shall be permitted to make Minor Alterations (as defined below) without Landlord’s Sublessor's prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord Sublessor approves any alterations, additions, improvements, etc., Landlord Sublessor shall notify TenantSublessee, in writing, along with Landlord’s Sublessor's approval notice, of whether Tenant Sublessee shall, upon termination of this LeaseSublease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Sublessor for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Sublease Agreement (Fidelity National Title Group, Inc.)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises, Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause allow to be made, made any alterations, physical additions or improvements in or to the Premises without first obtaining in writing Landlord's written consent for such alterations or additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval consent shall not be unreasonably withheld withheld. Landlord and Tenant anticipate that Tenant shall make alterations to the Premises (the "Initial Tenant Improvements"). Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or delayed. Upon the expiration of improvements, including the Initial Term Tenant Improvements. All costs of this Lease, Tenant shall have the option to remove any such alterations, decorationsadditions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner, and Tenant must maintain appropriate liability and builder's risk insurance throughout the construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repairedor on behalf of Tenant. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any Any alterations, additions, improvements, non-cosmetic changes improvements or other material changes repairs that are subject to the Premises without the prior written Landlord's approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinprovided above, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantperformed by a bonded licensed general contractor approved, in writing, along with by Landlord (such approval not to be unreasonably withheld). Landlord’s approval notice's interest in the real property encumbered hereby shall not be subject to liens or improvements made by the Tenant. Tenant shall notify the contractor making any improvements, of whether this provision, and the knowing or willful failure of the Tenant to provide such notice to the contractor shall, upon termination of this Leaseas provided by Fla. Stat. 713.10, either: (i) remove any such alterations or additions and repair any damage to render the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions contract between Tenant and the restoration contractor voidable at the option of the PremisesContractor. The Landlord's interest shall not be subject to liens for improvements made by Tenant and Tenant agrees to execute a short form lease agreement in recordable form which shall be recorded in the Public Records of Broward County, Florida, expressly prohibiting such liability.
Appears in 1 contract
Samples: Lease Agreement (Odimo INC)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have not make any alterations or improvements in or to the right Premises without the written consent of Landlord, provided, however, Tenant may make alterations to the Premises in amounts less than $5,000 upon prior written notice to Landlord. Notice must provide specific detail as to the budget and scope of work and must also include copies of insurance certificates, licenses for contractors, and any and all approved building permits required. At the time Landlord receives such notice or a request for consent to any improvements in excess of $5,000, Landlord shall inform Tenant in writing whether or not such particular improvements are to be removed at the termination of this Lease or are to remain in the Premises. If required by Landlord, such improvements or alterations shall be performed by Landlord, at the cost of Tenant, provided that such cost is competitive. Any approved alteration or improvement shall be done by contractors approved by Landlord (such approval not to be unreasonably withheld) and in a good and workmanlike manner and in a manner so that the structural integrity of the Building shall not be impaired. Tenant shall obtain all necessary permits and, at Landlord's option, shall submit to Landlord architectural renderings and insurance and lien waivers to Landlord required by Landlord. Upon the making of such alterations or improvements the same shall become the property of Landlord; provided, however, that, at its option, Landlord may, on the termination of this Lease require that Tenant remove the same at no expense to Landlord and repair any time throughout damage caused by such removal and that the Premises shall be left by Tenant in the condition that the Premises were in at the commencement of the term of this Lease Lease, ordinary wear and tear excepted. Tenant shall comply with all governmental requirements; including but not limited to building, electrical and plumbing codes. All work performed shall be done in such a manner as not to disturb or disrupt the operation of the Park or of any extensions hereofother occupants in the Park. Following completion of any changes, to make or cause to be made, any alterations, additions, additions or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have furnish Landlord with current "as-built" drawings and specifications for the option to remove Premises reflecting such alterations, decorationschanges, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from Premises. Any increase in the Real Estate Taxes or insurance premiums on the Park attributable to such removal. During the termchange, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes addition or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant improvements shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcpaid by Tenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be madeinstall any alteration, any alterationsinstallation, additionsaddition, or improvementshardware, or install or cause to be installed any trade fixture, signswindow treatment, floor covering, interior fixture or exterior painting other improvement to the Premises, or lightingadd to, disturb or in any way change any plumbing fixturesor wiring, shades or awningswithout in each and every of such cases (individually and collectively "Improvements"), as Tenant may deem necessary or suitable with Landlord’s the prior written approvalconsent of Landlord, which approval consent shall not be unreasonably withheld withheld, conditioned or delayed. Upon the expiration of the Initial Term of this Lease, delayed provided that Tenant shall have the option agrees to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs alterations and repair any damages to damage caused thereby at the Premises resulting from such removalend of the Lease Term at Landlord's request. During the term, Tenant Landlord's approval of plans or specifications for Improvements shall not make any alterationsconstitute an assumption of the responsibility for the accuracy or sufficiency of such plans and specifications, additionsor their compliance with applicable codes, improvements, non-cosmetic changes regulations or other material changes to the Premises without the prior written approval of Landlordstatutes, which approval responsibility shall not be unreasonably withheld solely Tenant's. All such Improvements shall be made at Tenant's sole cost and expense and any contractor or delayedperson selected by Tenant to make Improvements must first be approved in writing by Landlord. Notwithstanding the foregoing, All Improvements and all repairs required to be made by Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsmade in a good workmanlike manner and in compliance with all governmental requirements, as used hereincodes and rating bureau recommendations, and shall be defined as performed by competent workmen approved in advance by Landlord. Tenant shall hold Landlord harmless and indemnified from all injury, loss, claims or damage to any alterationsperson or property occasioned by, improvements, etcor in connection with the construction or installation of Improvements. made Tenant shall obtain all necessary permits from governmental authorities. Tenant shall repair any damage and perform any necessary clean-up to the Premises Building or its contents resulting from any Improvements made by Tenant. All Improvements, temporary or permanent, including wall paneling, built-in cabinets, sinks, doors, floor coverings, or other built-in units of any kind, however attached (excluding except trade fixtures, furniture and equipment belonging to Tenant which are removable without causing damage to the facade thereofBuilding) which do not affect or installed by Tenant in, on or about the structure of the buildingsPremises, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon expiration or sooner termination of this Lease, either: (i) remove any such alterations become Landlord's property, and remain upon the Premises, all without compensation, allowance or additions and repair any damage credit to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed Tenant provided, however, if prior to the time when expiration or termination of this Lease or within ten (10) days thereafter Landlord so directs by notice, Tenant shall at the expiration or termination of this Lease or within three (3) days after such notice remove any Improvements placed in the Premises by or on behalf of Tenant and so designated in the notice. If Tenant fails to remove such alterations or additions were madedesignated Improvements, or (ii) reimburse they will be deemed to be abandoned by Tenant and Landlord for may remove the same at Tenant's sole cost of removing such alterations or additions and the restoration of the Premisesexpense.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages no alterations to the Leased Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises Grounds without the prior written approval consent of Landlord. Any alterations, which approval changes, or improvements built, constructed, planted, or placed anywhere in or on the Leased Premises or Grounds by Tenant, with the exception of fixtures removable without damage to the Leased Premises and movable personal property, shall, unless otherwise provided by a written agreement between the parties, be the property of Landlord and remain on the Leased Premises after expiration or termination of this Lease. Landlord reserves the right to alter, move, remove, or cut any improvement Tenant makes to or on the Leased Premises or Grounds including, without limitation, trimming, cutting, pruning, and removing flowers, shrubs and trees. Tenant shall not be unreasonably withheld install additional locks or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) gates on any door or window without Landlord’s prior written consent. Minor AlterationsIf Landlord permits Tenant to install new or different locks, Tenant shall provide Landlord with a key for each lock. Upon expiration or termination of this Lease, Tenant shall provide Landlord with all keys. Xxxxxxxx may charge Tenant for unreturned keys, as used hereinprovided for in paragraph 7 of this Lease. Landlord shall provide reasonable accommodations to Tenant’s disabilities (if any), shall be defined as any alterationsincluding making changes to rules, improvementspolicies, etc. made or procedures, and making and paying for structural alterations to the Leased Premises or Grounds; provided, however, that Landlord shall not provide accommodations that constitute a fundamental alteration to Landlord’s program or which would pose a substantial financial and administrative hardship to Landlord. Landlord may, however, permit Tenant to make alterations to the Leased Premises to accommodate Xxxxxx’s disabilities (excluding other than alterations required of Landlord). If alterations are approved, Landlord may require that Tenant restore the facade thereof) which do not affect the structure interior or exterior of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, Leased Premises to its pre-Lease condition upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Except for alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $100,000.00 in the aggregate, Tenant shall not make or allow to be made any alterations, physical additions or improvements in or to the Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord’s request, and if reasonably necessary in connection with the work, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its out-of-pocket reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, as to improvements and alterations made by Tenant after the date of this Lease, Landlord, at its option, may require Tenant (at the end of the Term) to remove any alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date, if Landlord provided notice to Tenant, at the time Tenant requested the right to make such alteration, that it would have to be removed at the end of the Term. Tenant shall have no obligation to remove any of the right at improvements in or alterations to the Premises existing as of the date of this Lease. All costs of any time such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and Tenant must maintain appropriate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenants to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, which approval shall not any such contractors or workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or with respect to any work performed by said contractor in connection with improvements made by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost request of removing such alterations or additions and the restoration of the PremisesTenant.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have Without the right at any time throughout the term written consent of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not not
(a) make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without exterior of the prior written approval of LandlordBuilding, which approval shall not be unreasonably withheld or delayed(b) make any addition or alterations to the Leased Premises. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations certain cosmetic changes in order to make the Leased Premises suitable for Tenant’s occupancy and use before and during the Lease Term (hereinafter referred to as defined below) without “Tenant’s Work”). The scope of the initial Tenant’s Work is attached as Exhibit C and must be approved by Landlord. Tenant shall cause Tenant’s prior written consent. Minor AlterationsWork to be done in a good and workmanlike manner by competent, licensed contractors, in strict accordance with the plans and specifications approved by Landlord, and in compliance with all applicable laws, orders, rules, regulations, codes and requirements of any governmental authority affecting Tenant’s Work or the Leased Premises, including, but not limited to, the Americans With Disabilities Act, as used hereinit may be amended, and in compliance with any applicable insurance requirements (hereinafter collectively referred to as “applicable law or regulation”). Tenant shall obtain and furnish Landlord at Tenant’s expense any and all certificates and approvals with respect to Tenant’s Work and occupancy of the Leased Premises that may be required by any applicable law or regulation. Landlord shall have no liability whatsoever for loss, injury or damage to (a) Xxxxxx’s Work;
(b) fixtures, equipment or other property of Tenant or Tenant’s contractors; or (c) any other person or the property of any other person. Tenant shall indemnify and hold Landlord harmless from any claim, cost (including reasonable attorneys’ fees) or loss relating to Tenant’s Work and from any claim of nonpayment for any aspect of Tenant’s Work. All debris which accumulates in connection with Xxxxxx’s Work shall be defined as removed daily by Tenant at its sole expense. No person shall be entitled to any alterations, improvements, etc. lien directly or indirectly derived through or under Tenant or through or under any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever. Nothing in this Lease contained shall be construed to constitute consent by Landlord to the creation of any lien. In the event Tenant causes, suffers or permits the creation of any lien against the Leased Premises, or any part thereof, or a lien is filed because of alleged non-payment by Tenant, Tenant shall cause such lien to be released within ten (excluding the facade thereof10) which do not affect the structure days after Tenant’s actual notice of the buildingsfiling thereof, their systems or equipmentshall furnish Landlord a bond, in form, with surety, and in an amount satisfactory to Landlord, conditioned to indemnify Landlord against the foreclosure of such lien, and all matters and proceedings related thereto. If required by Landlord, during the performance of Tenant’s Work, Tenant shall maintain Builder’s Risk insurance on a non-reporting basis with “all risk” extended coverage endorsements on a completed value basis for full insurable value covering the Leased Premises from casualty resulting from Tenant’s Work, the interest of Tenant (and its contractors and subcontractors) in all work incorporated in the Leased Premises, and all materials and equipment on or about the Premises or incident to the construction thereof (but not including machinery, tools or equipment used by contractors or subcontractors). Tenant shall also provide Landlord approves any alterationswith all other policies and endorsements of insurance required by Landlord, additionsincluding, improvementsbut not limited to, etc., Independent Contractor’s coverage in Tenant’s General Liability policy and General Liability policies of insurance from Tenant’s contractors and subcontractors. Landlord shall notify be named an additional insured under all such policies of insurance which shall be written on terms and by companies satisfactory to Landlord. Tenant shall provide Landlord with copies of the policies and certificates evidencing that such insurance is in full force and effect and stating the terms thereof, prior to commencement of Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage Work. This paragraph shall not apply to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.initial Tenant’s Work set forth on Exhibit C.
Appears in 1 contract
Samples: Office Lease
ALTERATIONS AND IMPROVEMENTS. Tenant shall have not alter or improve the right at any time throughout Premises without the term prior written consent of this Lease and any extensions hereofLandlord, provided, however, that Tenant shall be permitted to reasonably decorate the interior of the Premises, to make include, without limitation, installing or cause attaching to the Premises artwork and other ordinary wall decor, such as, again, without limitation, pictures, maps, white boards, bulletin boards, interior signage, educational diplomas and the like. Before making any alterations or improvements, Tenant will submit to Landlord plans and specifications setting forth in detail any proposed alterations, improvements, and work to be madeperformed. Landlord's approval of Tenant's plans shall not, unless expressly set forth therein, be deemed to create any obligation on the part of the Landlord to do any work, to pay for the cost of any work or materials, or to authorize Tenant to make any other alterations in or about the Premises. In the event consent is given by Landlord, and unless otherwise specified by Landlord in writing, any and all alterations, additions, or improvements, and fixtures made or install placed in or cause to on the Premises shall be installed any trade fixturemade at Tenant's sole expense, signs, floor covering, interior and upon the natural expiration or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term sooner termination of this Lease, Tenant shall belong to Landlord without compensation to Tenant. In the alternative, Landlord shall have the option to require Tenant, at Tenant's expense, to promptly remove any or all of such alterations, decorationsadditions, additions or improvements made by itimprovements, provided any damage and fixtures and to restore the Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from same condition as existed before such removalalterations, additions, improvements, and fixtures were installed or made, excepting reasonable wear and tear, condemnation and uninsured damage or destruction as a result of one or more circumstances or events not within Tenant's control. During the termIn all cases, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes and fixtures shall be installed or other material changes made subject to the following conditions:
(a) The outside appearance and structural integrity of the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld adversely affected.
(b) The proper functioning of any of the mechanical, electrical, sanitary or delayed. Notwithstanding other systems of the foregoing, Tenant building shall not be permitted to make Minor Alterations adversely affected.
(as defined belowc) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as Before making any alterations, alterations or improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writingat Tenant's expense, along will procure any and all necessary governmental permits.
(d) Tenant will provide Landlord with Landlord’s approval notice, certificates of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which insurance verifying that all laborers performing work at the Premises are locatedcovered by workmen's compensation insurance and general liability insurance.
(e) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such All alterations or additions were madeimprovements shall be made in compliance with applicable laws and requirements of public authorities, and Tenant will discharge, at Tenant's expense, any violations related thereto.
(f) Tenant shall indemnify and hold Landlord harmless from and against any and all liability, damages, expenses, fees, penalties, actions, causes of action, suits, costs, claims or (ii) reimburse Landlord for the cost judgments arising, either directly or indirectly, as a result of removing such injury to persons or property occasioned or resulting from Tenant's alterations or additions and the restoration of the Premisesimprovements.
Appears in 1 contract
Samples: Commercial Lease (Carbiz Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant By entry hereunder, Subtenant acknowledged to have received the demised premise in its “AS IS” condition. No alterations shall be made on any part of said demised premise without the written consent of the Landlord first had and obtained, except as may be hereinafter provided. Subtenant shall give Landlord written notice not less than (5) working days prior to any work or improvements to be preformed by Subtenant to the demised premises thereby permitting Landlord to record and post Notices of Non-Responsibility. All applicable permits, authorizations and governmental approvals shall be obtained before commencement of the alterations, and the alterations shall be completed with due diligence in compliance with the plans and specifications approved by the Landlord. Landlord shall not be required to do any construction whatsoever (save as required by Paragraph 12 hereof) after delivery of possession and shall not be required to install, maintain or repair any fixtures, plumbing or furnishings required by Subtenant in the use of the said premises and in connection with the business or occupations transacted therein, all of which shall be furnished solely by Subtenant. Subtenant agrees to conform to and comply with all laws, ordinances, rules and regulations of Federal, State, County and Municipal authority in the use and occupation and repair of the demised premises and to keep and maintain (expect as hereinafter provided) the demised premises and appurtenances and every part thereof including glazing, interior surface of exterior walls, doors and apputenances to doors, and showcases in good and sanitary order, condition and repair at Subtenant’s sole cost and expense during the entire term of this Lease. Landlord shall, during the term of this Lease, at Landlord’s sole cost and expense, maintain in good condition and repair the roof (including any skylights) of said premises, the exterior walls (other than glazing and doors, door jams, door frames, locks, bolts, door hardware, door closures, or appurtenances), foundations, sub-surface plumbing and sub-surface electrical systems) and the sidewalks surrounding said premises except for damage caused by the wrongful act of Subtenant or its agents and except for lose or damage, the repair of which is Subtenant’s responsibility under Paragraph 5 and Paragraph 12 of this Lease, Landlord shall not, however, be obligated to paint such exterior, nor shall Landlord be required to maintain the interior surface, windows, doors or glass, nor any electrical, plumbing, or other systems installed by Subtenant. Landlord shall have no obligation to make repairs under this Paragraph until a reasonable time after receipt of written notice of the need for such repairs. Subtenant expressly waives the benefits of any statue now or hereafter in effect which would otherwise afford Subtenant the right to make repairs at Landlord’s expense. Subtenant, at Subtenant’s expense, shall have the right to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Subtenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials and as prescribed in this paragraph. Subtenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Subtenant at the commencement of the Sublease Term or placed or installed on the Leased Premises by Subtenant thereafter, shall remain Subtenant’s property free and clear of any claim by Landlord. Subtenant shall have the right to remove the same at any time throughout during the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, Sublease provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any that all damage to the Leased Premises (or the buildings in which the Premises are located) occasioned caused by their installation or such removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesshall be repaired by Subtenant at Subtenant’s expense.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. 9.1. Tenant shall have will make no alteration, change, improvement, repair, replacement or addition to the right at any time throughout Leased Premises without the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, consent of Landlord which approval consent shall not be unreasonably withheld or delayed. Upon If Landlord grants such prior written consent, then the expiration of the Initial Term of this Leasework to be done in connection therewith shall be done at Tenant’s sole cost and expense, Tenant shall have the option to remove such alterationsbut by Landlord’s or qualified contractors reasonably approved in advance, decorationsin writing, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord and in a manner and upon terms and conditions and at a time satisfactory to Landlord. In any instance where Landlord grants such consent, Landlord may grant such consent contingent and conditioned upon Tenant’s contractors, laborers, materialmen and others furnishing labor or materials for Tenant’s job working in harmony and not interfering with any labor utilized by Landlord, Landlord’s contractors or mechanics or by any other tenant or such tenant’s contractors or mechanics; and if at any time such entry by one or more persons furnishing labor or materials for Tenant’s work shall remove any signs cause disharmony or interference, the consent granted by Landlord to Tenant may be withdrawn immediately upon notice to Tenant.
9.2. Any and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any all permitted alterations, additions, improvements, non-cosmetic or changes (when made to the Leased Premises by Tenant) shall at once become property of Landlord and shall be surrendered to Landlord upon termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to moveable equipment or furniture owned by Tenant. Tenant hereby expressly waives all rights to any payment or compensation for any alterations, additions, changes or other material changes improvements to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayedLeased Premises. Notwithstanding the foregoingprovision that such alterations, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlordadditions, improvements and changes will remain in the Leased Premises upon termination of this Lease, if Landlord so requests in writing, Tenant, at Tenant’s prior written consent. Minor Alterations, as used hereinsole cost and expense, shall be defined as prior to termination of this Lease, remove any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any and all alterations, additions, improvements, etc.changes, cabling, fixtures and other property placed or installed by Tenant in the Leased Premises and will promptly repair any damages caused by such removal. In the event Tenant fails to remove the aforesaid described property, than Landlord may remove the same and demand from Tenant and Tenant herein agrees to pay cost and expense incurred by Landlord to remove said property. This paragraph shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon survive the termination of this Lease.
9.3. Tenant may remove its trade fixtures, either: (i) remove any such alterations or additions moveable office furniture, and repair any damage equipment not attached to the Premises Building provided:
9.3.1 Such removal is made not later than two (or the buildings in which the Premises are located2) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost days following termination of removing such alterations or additions and the restoration of the Premisesthis Lease.
Appears in 1 contract
Samples: Lease Agreement (INX Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right not at any time throughout during the term Term of this Lease Lease, or any extension thereof, make any alteration, addition or improvement to the Premises or any improvements located thereon without, in each instance obtaining the prior written consent of Landlord, which consent (i) shall not be unreasonably withheld, conditioned or delayed, and (ii) shall specify whether Landlord will require Tenant to remove the alterations, additions or improvements at the end of the Term (and if removal is so specified, Tenant shall remove such alterations, additions or improvements). Tenant shall not need Landlord's consent to interior, non-structural alterations, additions, and improvements made by Tenant, provided the costs of such alterations, additions or improvements shall not exceed Twenty Thousand 00/100 ($20,000.00) per calendar year or in the aggregate One Hundred Fifty Thousand and 00/100 ($150,000.00) over the Term hereof. No alteration, addition or improvement to the Premises for which Landlord's consent is required hereunder shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate of certificates from, an insurance company evidencing workmen's compensation coverage and insurance coverage protecting Landlord against public liability and property damage to any extensions hereofperson or property, to make or cause to be madeon the Premises, any arising out of and during the making of such alterations, additions, or improvements. Any alteration, addition or improvement made by Tenant hereunder shall be done in a good and workmanlike manner in compliance with all applicable governmental laws, statutes, ordinances, rules and regulations. The parties further agree that Tenant may also make interior non-structural alterations, additions, or install or cause improvements to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, the Premises so long as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect detract from the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration marketability of the Premises. In addition to any signage specified in the plans and specifications for the renovation of the Building as finally agreed upon by Landlord and Tenant, the Tenant may erect or display any signage without Landlord's Consent, provided that all signage shall comply with all applicable governmental laws, ordinances or regulations.
Appears in 1 contract
Samples: Building Lease (Sonic Foundry Inc)
ALTERATIONS AND IMPROVEMENTS. At the end or other termination of this lease, Tenant shall have deliver up the right at any time throughout the term of this Lease premises with all improvements located thereon (except as described on Exhibit "H", attached hereto and any extensions made a part hereof, and as otherwise herein provided) in good repair and condition, reasonable wear and tear and casualty damages excepted, and shall deliver to Landlord all keys to the premises. The cost and expense of any repairs necessary to restore the condition of the leased premises to said condition in which they are to be delivered to Landlord shall be borne by Tenant. Tenant will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s the premises without the prior written approvalconsent of Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Leaseprovided, however, Tenant shall have may make minor non structural, non-building system repairs at any time without the option consent of Landlord (but with notice to remove such Landlord and copy of plans or description of changes), as to non-structural alterations, decorations. All alterations, additions or improvements (whether temporary or permanent in character) made by it, provided any damage to Premises resulting from such removal is repaired. Also, in or upon the expiration of the Initial Term premises, either by landlord or Tenant, shall be Landlord's property on termination of this Leaselease and shall remain on the premises without compensation to Tenant. All furniture, movable trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this lease if requested Tenant so elects, and shall be so removed if required by Landlord shall remove any signs and repair any damages to Landlord, or if not so removed shall, at the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval option of Landlord, which approval shall not be unreasonably withheld or delayedbecome the property of Landlord. Notwithstanding the foregoingAll such installations, Tenant removals and restoration shall be permitted accomplished in a good workmanlike manner so as not to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to damage the Premises (excluding premises or the facade thereof) which do not affect the primary structure or structural qualities of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (Building or the buildings in which the Premises are located) occasioned by their installation plumbing, electrical lines or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesother utilities.
Appears in 1 contract
Samples: Office/Showroom/Warehouse Lease Agreement (Pharmchem Laboratories Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have (a) Unless and only to the right at extent otherwise provided in any time throughout the term of this Lease and any extensions hereof, to make Mortgage or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this LeaseAssignment, Tenant shall have the option right, without having obtained the prior written consent of Landlord and Lender and provided that no Event of Default then exists, to remove make (i) Alterations or a series of related Alterations that, as to any such alterationsAlterations or series of related Alterations, decorationsdo not cost in excess of $250,000, additions and (ii) to install accessions to the Equipment or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration new Equipment of the Initial Term same type, so long as at the time of this Leaseconstruction or installation of any such Equipment or Alterations no Event of Default exists and the value and utility of the Leased Premises is not diminished thereby. If the cost of any of the above-described Alterations, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the termor series of related Alterations, Tenant shall not make any alterationsis in excess of $250,000, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of LandlordLandlord and Lender shall be required, which such approval shall not to be unreasonably withheld or delayed. Notwithstanding any provision hereof to the foregoingcontrary, Tenant shall be permitted have the right, without the consent of Landlord or Lender, to make Minor remodel, reconfigure, alter and improve any interior improvements, fixtures, finishes and equipment, provided such Alterations do not materially diminish the value of the Leased Premises. If Tenant determines the need for the construction of additional buildings on the Leased Premises or a major expansion of the Improvements (as defined below) without in Paragraph 1), then Tenant shall present its needs and expansion plans to the Landlord’s prior written consent. Minor AlterationsShould Landlord agree to fund the construction of any additional buildings or major expansion as requested by Tenant then upon completion of construction this Lease will be amended to incorporate the additional buildings or major expansion into the definition of Leased Premises, as used herein, Rent shall be defined adjusted upon commercially reasonable terms agreeable to both Landlord and Tenant, and any other terms of this Lease necessary to set forth the Tenant's right to use, possess and occupy the additional buildings or major expansion upon the same terms and conditions as any alterations, improvements, etc. made Tenant currently enjoys as to the Leased Premises (excluding under this Lease shall be added. Should Landlord, however, refuse to fund the facade thereof) which do construction of any additional buildings or major expansion, then Tenant shall have the right, but not affect the structure obligation, to fund the construction of any additional buildings or major expansion, so long as at the time of construction of any such additional buildings or major expansion no Event of Default exists and the value and utility of the buildingsLeased Premises is not diminished thereby. Should Tenant choose to fund the construction then Tenant shall adhere to all requirements as set forth in Paragraph 13(b) and upon completion of the construction the Lease will be amended as contemplated above, their systems save for and except, Base Rent will not be increased.
(b) If Tenant makes any Alterations pursuant to this Paragraph 13 or equipment. If Landlord approves as required by Paragraph 12 or 17, or constructs any alterationsadditional buildings or major expansion (such Alterations and actions being hereinafter collectively referred to as "Work"), additionswhether or not Landlord's consent is required, improvementsthen (i) the market value of the Leased Premises shall not be lessened by any such Work or its usefulness impaired, etc.(ii) all such Work shall be performed by Tenant in a good and workmanlike manner, Landlord (iii) all such Work shall notify Tenantbe expeditiously completed in compliance with all Legal Requirements, in writing(iv) all such Work shall comply with the Insurance Requirements, along with Landlord’s approval notice(v) if any such Work involves the replacement of Equipment or parts thereto, all replacement Equipment or parts shall have a value and useful life equal to the greater of whether Tenant shall(A) the value and useful life on the date hereof of the Equipment being replaced or (B) the value and useful life of the Equipment being replaced immediately prior to the occurrence of the event which required its replacement, upon termination (vi) subject to the provisions of Paragraph 14 of this Lease, either: Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (ivii) remove Tenant shall procure and pay for all permits and licenses required in connection with any such alterations Work, (viii) all such Work shall be the property of Landlord and shall be subject to this Lease, and Tenant shall execute and deliver to Landlord any document requested by Landlord evidencing the assignment to Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or additions any other Person thereto or therein, and repair any damage (ix) Tenant shall comply, to the Premises (extent requested by Landlord or required by this Lease, with the buildings in which the Premises are located) occasioned by their installation provisions of Paragraph 19(a), whether or removal and restore the Premises to substantially the same condition as existed prior to the time when any not such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the work involves restoration of the Leased Premises.
Appears in 1 contract
Samples: Lease Agreement (Input Output Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, (a) Tenant shall not make or perform, or permit the making or performance of, any initial or subsequent tenant finish work or any alterations, additionsinstallations, decorations, improvements, non-cosmetic changes additions or other material physical changes in or about the Leased Premises that are structural in nature or that exceed $6,000.00 in costs (referred to collectively as "Alterations") without ----------- Landlord's prior consent. Landlord may withhold consent in its sole discretion if the Premises without Alterations in any way penetrate the prior written approval roof (except as provided in Paragraph 42(a) below) or outer walls of Landlordthe Building or impact the structure or --------------- structural integrity of the Building or any of its systems. Otherwise, which approval such consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoingforegoing provisions or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense in a good and workmanlike manner. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld or delayed. Tenant shall submit to Landlord detailed plans and specifications (including architectural layout, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord a certificate evidencing worker's compensation insurance coverage for all persons to be permitted employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, Landlord's Representatives, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies and shall be in form and amounts as customarily required and satisfactory to Landlord in its reasonable discretion and shall be maintained by Tenant until the completion of such Alteration. Tenant shall cause its contractor and each subcontractor to provide Landlord with a Certificate of Completion of the Alterations and a Bills Paid Affidavit and full Lien Waiver in form and content as reasonably required by Landlord and as customarily required. Tenant shall, if required by Landlord at the time of Landlord's consent to the Alterations, agree to restore the affected portions of the Project at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and copies shall be submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with all applicable laws, orders, rules, standards and regulations of Federal, State, County, and Municipal authorities, including, without limitation, all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the local Board of Fire Underwriters or any similar body ("Applicable Laws"). Landlord's approval shall --------------- not in any way be considered an indication that the plans and specifications comply with Applicable Laws. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Whether such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises or subsequently, Tenant agrees to make Minor Alterations proper application for, and obtain, a Building Permit and a Certificate of Occupancy from OFFICE LEASE AGREEMENT - Page - 18 ---------------------- the city in which the Leased Premises are located. Tenant shall furnish copies of such permit and certificate to Landlord promptly after issuance of same.
(as defined belowb) without Except for Tenant's Property (below defined), all appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord’s prior written consent. Minor Alterations's expense or Tenant's expense, as used hereinor the joint expense of Landlord and Tenant, shall be defined as and remain the property of Landlord. Any replacements of any alterationsproperty of Landlord, improvementswhether made at Tenant's expense or otherwise, etcshall be and remain the property of Landlord. made to Any trade fixtures, business equipment, inventory, trademarked items, signs, decorative soffit, counters, shelving, showcases, mirrors and other removable personal property installed in or on the Premises by Tenant at its sole expense, and the Generator (excluding below defined), the facade equipment in the UPS Area (below defined) regardless of who paid the cost thereof) which do , shall remain the property of Tenant (the "Tenant's Property"). Landlord ----------------- agrees that, if Tenant is not affect in default hereunder, Tenant shall have the structure of the buildingsright, their systems at any time or equipment. If Landlord approves any alterationsfrom time to time, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) to remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madeall of Tenant's Property, but Tenant shall repair, or (ii) reimburse at Landlord's option shall pay Landlord for the cost of removing repairing, any damage arising from such alterations or additions removal and shall leave the restoration Premises in a neat, clean, operating condition, free of the Premisesdebris, normal wear and tear excepted.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant, at Tenant’s cost may make lawful alterations, improvements or additions to the Premises, including without limitation the installation of signage (“Alterations”) that have been approved in writing by Landlord, such approval not to be unreasonably withheld. Any approval by Landlord shall not be deemed to constitute a warranty or representation by Landlord in respect of the materials, design, location, construction or workmanship of any improvements to the Premises. Tenant shall have obtain the right foregoing approval before commencing the construction or installation of any Alterations, and before commencing any construction to repair, replace or restore the improvements on the Premises following a condemnation, fire or casualty thereon. Tenant shall not permit any mechanic’s or materialmen’s lien to be filed against the Premises and if any such liens are so filed, unless Tenant is contesting the same by appropriate proceedings, Tenant shall discharge the same of record within thirty (30) days after such filing. If Tenant fails to cause any such lien to be discharged of record within said thirty (30) day time period, Landlord may do so and Tenant shall, promptly, upon demand, reimburse Landlord for the reasonable costs and expenses associated therewith together with interest at any time throughout the term Default Rate. All Alterations to the Premises during the Term of this Lease shall remain the property of Tenant and any extensions hereofshall, without compensation to make or cause to be madeTenant, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with become Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon 's property at the expiration of the Initial Term or earlier termination of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided . In making any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Alterations to the Premises resulting from such removal. During the termPremises, Tenant shall not make be deemed an agent of Landlord. Tenant shall indemnify and hold Landlord harmless from and against any alterationsclaims made against Landlord or the Premises and any damages, additionslosses and other matters whatsoever, improvementsincluding mechanic's and materialmen's liens, non-cosmetic changes or other material changes including reasonable attorney’s fees and expenses, resulting from any such Alterations to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcby Tenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord’s request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, which approval shall not any such contractors or workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Leaseapproved, Tenant shall have the option to remove such alterationsin writing, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably unnecessarily withheld or delayed. Notwithstanding Landlord agrees to assign to Tenant any rights it may have against the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to contractor of the Premises (excluding with respect to any work performed by said contractor in connection with improvements made by Landlord at the facade thereof) which do not affect the structure request of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcTenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have a) Except as specifically set forth in the right at any time throughout the term of this Lease and any extensions hereofLicense Agreement, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant Concessionaire may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any changes, alterations, additionsmodifications, improvements, non-cosmetic changes or other material changes additions to the Premises City Property without the prior written approval of Landlordthe City Manager.
b) Concessionaire shall perform all of the work and supply all the necessary materials and labor to prepare the Premises for Concessionaire’s occupancy and authorized Use. Such work includes preparation of plans and specifications, which approval architectural, engineering and design services, acquisition of all permits, equipment, labor and materials associated with the construction of such Concessionaire improvements.
c) Upon the expiration of the term of this License Agreement or any earlier termination thereof, or any renewal thereof, Concessionaire shall not surrender to City possession of Concessionaire’s permanent improvements and City’s parking facilities, and the Premises. All fixtures and/or equipment of whatsoever nature installed by the Concessionaire on the Premises shall continue to be unreasonably withheld or delayed. Notwithstanding the foregoingproperty of the Concessionaire, Tenant and shall be permitted to make Minor Alterations removed by the Concessionaire within thirty (as defined below30) without Landlord’s days after the expiration or prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: lease or extension thereof. Any of said property not removed from the City Property within thirty (i30) remove days after the date of termination shall be considered abandoned and shall belong to City without the payment of any such alterations or additions and repair consideration.
d) If the property of the Concessionaire is not removed and/or any damage and/or injury to the Premises premises caused by the removal of said property is not repaired within thirty (30) days after the expiration or prior termination of this lease or any extension thereof as provided in paragraph c) of this Section 6, the buildings in which City may, at its option, perform or cause to be performed the Premises are located) occasioned necessary removal and/or repairs, and shall be reimbursed by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Concessionaire for the cost of removing such alterations or additions and the restoration of the Premisescosts thereof.
Appears in 1 contract
Samples: License Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have Lessee may erect a sign near or on the right at any time throughout exterior of the term Premises, with the prior approval of this Lease the Lessor and any extensions hereof, to make or cause with the cost to be madeborne by the Lessee. Upon vacating the premises for any reason, any Lessee agrees to take down and remove such sign and repair portions of the door or wall to which said sign was attached to the original condition. No structural alterations, additions, or improvements, or install or cause improvements to the said premises shall be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior made without written approval, consent of the Lessor which approval consent shall not be unreasonably withheld or delayed. Upon withheld, and any such improvements, additions and/or alterations made by Lessee after such consent has been given, including fixtures, shall at the expiration option of the Initial Term Lessor become property of this Leasethe Lessor and remain, Tenant or at Lessor’s election, shall have be removed at Lessee’s costs. In the option to remove such event of the removal of any alterations, decorations, additions or improvements made by itimprovements, provided Lessee at its expense shall and will restore the premises to its original condition repairing any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any all damages to the Premises premises resulting from the removal and/or installation of such removalthings. During In the term, Tenant shall not make any event that the consent of the Lessor is first had and alterations, additionsimprovements and/or additions are installed by the Lessee, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant they shall be permitted done in a good and workmanlike manner in keeping with any and all applicable building codes and regulations and as will in no way harm the building structure or the premises. Any mechanic’s lien filed against the premises or any part thereof for work claimed to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, have been done or materials claimed to have been furnished or for any other reason to Lessee shall be defined as discharged within twenty (20) days after filing by bonding or any other manner provided by law. All such changes, alterations, improvements, etc. improvements and/or additions shall be made to solely at the Premises (excluding the facade thereof) which do not affect the structure expense of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLessee., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Except for alterations to the Premises which do not materially and adversely affect the Building structure or systems and are not visible from outside the Premises and that do not cost in excess of $50,000.00 per project (provided, however, that Tenant may not break up a project into sub-parts that each cost $50,000.00 or less as a subterfuge to avoid the provisions of this paragraph) and except for alterations to the Premises or Tenant’s Exclusive Parking Areas that do not cost in excess of $50,000.00 per project (provided, however, that Tenant may not break up a project into sub-parts that each cost $50,000.00 or less as a subterfuge to avoid the provisions of this Paragraph), Tenant shall have not make or allow to be made any alterations, physical additions or improvements after the initial Tenant Improvements in the Work Letter, in or to the Premises or Tenant’s Exclusive Parking Areas without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in Landlord’s sole discretion if the alterations will affect the Building structure or systems or, in the case of alterations to the Premises, will be visible from outside the Premises, but which consent shall otherwise not be unreasonably withheld, conditioned or delayed. Upon Landlord’s request, Tenant shall deliver to Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for Landlord’s reasonable cost actually incurred to review such plans (not to exceed $1,000). Any alterations, physical additions or improvements (excluding trade fixtures, including warehouse racking) shall at once become the property of Landlord (subject to Tenant’s right to depreciate the cost of such alterations for tax purposes); provided, however, that Landlord, at its option, may require Tenant to remove any alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date (provided that Landlord notified Tenant at the time of Landlord’s consent to any such alterations, additions or improvements for which Landlord’s consent is required that Landlord reserved the right to require the removal thereof). With respect to any alterations, physical additions or improvements that Tenant is entitled to construct under this Lease without Landlord’s consent but which Tenant desires to leave on the Premises at the expiration or earlier termination of this Lease, Tenant shall request such permission from Landlord in writing prior to the date Tenant begins construction of such alteration, physical addition or improvement, and Landlord shall advise Tenant in writing within five (5) business days of Landlord’s receipt of such request and plans and specifications for such work (or if no plans and specifications are to be prepared for such work, then a detailed written description of such work) whether Landlord will require the removal of the alteration, physical addition or improvement at the expiration or sooner termination of this Lease. In no event shall Landlord require Tenant to remove alterations, additions or improvements that are consistent with typical warehouse uses, including typical office improvements. All costs of any time such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements shall be made in a good, first-class, workmanlike manner and in a manner that does not unreasonably disturb other tenants, if any, and Tenant must maintain adequate liability and builder’s risk insurance throughout the term construction. Subject to the provisions of Section 26(e) below, Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant, except to the extent caused by the negligence or willful misconduct of Landlord, its agents or employees. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions or renewals hereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, any such contractors or workmen must first be approved, in writing, by Landlord (which approval shall not be unreasonably withheld or delayedwithheld). Upon Landlord agrees to assign to Tenant any rights Landlord may have against the expiration contractor of the Initial Term of this Lease, Tenant shall have the option Premises with respect to remove any work performed by such alterations, decorations, additions or contractor in connection with improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon Landlord at the expiration request of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcTenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Industrial/R&d Lease Agreement (TNAV Holdings, Inc.)
ALTERATIONS AND IMPROVEMENTS. a. Tenant will not make any alterations, improvements or additions to or about the Demised Premises, or affix or attach any articles to or make any holes in or about the Demised Premises or the building of which the Demised Premises is a part without first having submitted plans for same to Landlord for its prior approval. If said plan receives Landlord’s approval, Landlord alone will make or do the same on behalf of Tenant and for Tenant’s benefit, solely at the cost, expense and risk of Tenant unless otherwise provided in writing. Notwithstanding the foregoing, the parties agree that Tenant may make any non-structural alterations, non-structural improvements or non-structural additions to the Demised Premises that do not exceed $10,000.00 in cost without seeking and/or receiving Landlord’s approval. All alterations, improvements, additions or fixtures, whether installed, made or placed before or after the execution of this Lease, shall have remain upon the right Demised Premises at any time throughout the term expiration or earlier termination of this Lease and any extensions hereofbecome the property of Landlord unless Landlord shall, at the time Landlord approves such alterations give written notice to make or cause Tenant to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon remove the same at the expiration of the Initial Term of this LeaseLease term, in which event Tenant shall have remove the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon same at the expiration of the Initial Term of Lease term and restore the Demised Premises to the same good order and condition in which it now is; provided, however, trade fixtures may be removed if there is no existing default under this Lease.
b. Tenant will not lay any linoleum, oil cloth, rubber or other air-tight covering upon the floors of the Demised Premises, nor fasten articles to or drill holes or drive nails or screws into the walls or partitions of the Demised Premises; nor will Tenant if requested paint, paper or otherwise cover or in any way xxxx, deface or break said walls or partitions; nor make any attachment to the electric lighting wires of the Demised Premises or building of which the Demised Premises is a part for storing electricity, running electric fans or motors or other purposes; nor will Tenant use any method of heating other than that provided by Landlord shall remove any signs and repair any damages to the Premises resulting from provided that Tenant may make such removal. During the term, Tenant shall not make any non-structural alterations, additions, improvements, and/or repairs to the extent that such non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any structural alterations, additions, improvements, etc.and/or repairs do not exceed $10,000.00 in cost. If Tenant desires to have telephone, Landlord telegraph or other similar wires and instruments installed on the Demised Premises, he shall notify Landlord, and Landlord will direct where and how the same are to be installed. Landlord reserves at all times the right to require Tenant to install and use in the Demised Premises such electrical protective devices and to change wires and their placing and arrangement, as Landlord may deem necessary, and further, to require compliance on the part of all using or seeking access to such wires with such rules as Landlord may establish relating thereto; and further reserves, in the event of non-compliance with such requirements and rules, the right to cut and prevent the use of any wires to which such non-compliance relates.
c. No contract entered into or that may be subsequently entered into by Landlord with Tenant, relative to any alterations, additions, improvements or repairs, nor the failure of Landlord to make such alterations, additions, improvements or repairs as required by any such contract, nor the making by Landlord or his agents or contractors of such alterations, additions, improvements or repairs shall in writing, along with Landlord’s approval notice, any way affect the payment of whether Tenant shall, upon termination of the rent or said other charges at the time specified in this Lease.
d. Items of a decorative nature, either: (i) remove any such alterations or additions and repair any damage as small pictures, are not intended to the Premises (or the buildings in which the Premises are located) occasioned be prohibited by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesthis paragraph.
Appears in 1 contract
Samples: Lease Agreement (Endo Pharmaceuticals Holdings Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any no alterations, additions, additions or improvements, or install or cause improvements to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with the Leased Premises without the written consent of Landlord’s prior written approval, which approval consent shall not be unreasonably withheld or delayed. Upon All alterations, additions, and improvements shall belong to the expiration Landlord, unless the terms of the Initial Term of this Lease, Landlord's consent shall require their removal. Tenant shall have the option right to remove from the Leased Premises only those trade fixtures installed by Tenant in accordance with this Lease.
17.1 All such work shall be carried on at Tenant's cost, and in a first class, workmanlike manner in accordance with building standards and other reasonable requirements of Landlord and in compliance with all governmental orders, regulations and permits. Such work shall be performed by responsible contractors approved by Landlord who will, prior to commencement of work, submit satisfactory proof of insurance coverage naming Landlord as an additional insured.
17.2 Following completion of such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the termTenant, Tenant shall furnish Landlord with current "as built" plans and specifications reflecting such alterations, additions or improvements.
17.3 Tenant, with the prior written consent of landlord, may remove any alterations, additions, fixtures, improvements, appliances or equipment installed by Tenant which can be removed without damage to or leaving incomplete the Leased Premises; provided, however (and anything herein to the contrary notwithstanding), Landlord may direct Tenant at the end of the Lease Term or of any prior termination, and whether or not make any Tenant is in default hereunder, to remove all alterations, additions, improvements, non-cosmetic changes trade fixtures, appliances or other material changes to personal property brought into or placed about the Leased Premises without the prior written approval of by Tenant or constructed or installed therein by Tenant (including but not limited to, partitions, cabinets, shelving, drapes, shades, furniture, wiring and plumbing) as may be specified in writing by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Samples: Lease Agreement (Prophet 21 Inc)
ALTERATIONS AND IMPROVEMENTS. A. Tenant shall have acknowledges that Landlord owns the right at any time throughout Building(s). Tenant accepts the term Building(s) from Landlord in its "as is" conditions, the conditions that exist as of the Effective Date of this Lease Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (i) the physical condition of the Building(s); (ii) the Property's suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Building(s), except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and any extensions hereof, the Building(s) and to conduct its own investigation as to the suitability of the Property and the Building(s) for Tenant's use.
B. If Tenant proposes to make or cause to be made, construct any alterations, additionsimprovements, additions or fixtures that affect any portion of the Property or any structures located on the Property that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Tenant shall not attach any fixture or item of equipment to the Building without Landlord's prior written consent. All such alterations, additions or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $15,000 for any single instance, or improvementsif the proposed work involves the Building structure or utility systems, any contractor or install person selected by Tenant to make the same shall first be approved by Landlord. Landlord, in its sole discretion, shall approve or cause disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalasbestos and fiber glass, which approval Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not be unreasonably withheld or delayedperform any of Tenant's Work until Tenant has obtained all requisite permits. Upon Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq.; to the expiration of the Initial Term of extent, such requirements are applicable to Tenant's work.
C. Except as otherwise expressly provided in this Lease, Tenant shall have not repair, replace, or modify any utility system located within the option to remove such alterations, decorations, additions or improvements made by it, provided Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to Premises resulting from such removal is repaired. Alsoany utility system, upon the expiration structural element of the Initial Term Building(s), facilities of this LeaseLandlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, Tenant if requested by Landlord shall remove any signs however, such provision is not intended to and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not be interpreted to make any alterationsother person or entity a third party beneficiary thereof.
D. This Lease specifically prohibits Tenants, additionsor any other party, improvementsfrom expanding uses or structures allowed on the Property beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, non-cosmetic changes or other material changes any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Premises without Property, are all subject to the prior written approval of Landlordthe Landlord and all improvements are subject to the environmental review and permit regulations and approvals of same by all applicable local, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoingstate, and federal agencies.
E. Except for Exhibit “C” Improvements, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsnot substantially deface or change any floors, as used hereinwalls, shall be defined as ceilings, roofs, or partition any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems structures or equipmentimprovements on the Property without first providing thirty (30) days written notice to Landlord. If Landlord approves raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the Property and which may be secured by any mechanic's, material men’s or other lien against the Property or Landlord's interest therein.
F. All alterations, additions, improvements, etc., improvements or additions that are now or in the future attached permanently to the Property shall be the Property of Landlord and shall notify Tenant, in writing, along remain with Landlord’s approval notice, of whether Tenant shall, upon the Property at the termination of this Lease, either: except that Landlord can elect within thirty (i30) days of the termination of the Lease to require Tenant, at its cost, to remove any such alterations or additions and repair any damage equipment that Tenant has affixed to the Premises Property.
G. Tenant agrees that to the extent it is required to comply with the prevailing wage requirements, Tenant shall assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of Landlord's first approval of a building permit or other approval of the work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any interested party on request. Tenant agrees to post a copy of the prevailing rate of per diem wages at the Property. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars ($25) for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the buildings California Labor Code), for each worker paid less than the applicable prevailing rates for such work or craft in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing worker is employed. The difference between such alterations or additions prevailing wage rates and the restoration of amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the Premisesprevailing wage rate shall be paid to each worker by Tenant.
Appears in 1 contract
Samples: Lease Agreement