Alterations and Liens. Tenant shall not make or permit to be made any alterations, changes in and additions to the premises without the prior written consent of Landlord. All alterations, changes and additions that may be required shall be done either by or under the direction of Landlord at the cost of Tenant, and shall become immediately the property of Landlord and shall remain upon and be surrendered with the premises at the termination of the term of this Lease. Tenant, upon the termination of this Lease or the expiration of the term hereof, or for any other reason, shall quit and surrender the premises in good order, condition and repair, reasonable wear and tear and damage by fire, and act of God or the elements excepted. Upon the termination of this Lease or the expiration of the term or otherwise, Landlord shall have the option to require Tenant to remove from the premises, at Tenant's expense, all improvements placed on the premises by Tenant, with the premises thereafter to be restored to its previous condition, at the expense of Tenant. Tenant shall keep the premises and building of which the premises are a part free and clear of any liens and shall indemnify, hold harmless and defend Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. In the event any lien is filed, Tenant shall do all acts necessary to discharge any lien within ten (10) days of filing, or if Tenant desires to contest any lien, then Tenant shall deposit with Landlord such security as Landlord shall demand to insure the payment of the lien claim. In the event Tenant shall fail to pay any lien claim when due or shall fail to deposit the security with Landlord, then Landlord shall have the right to expend all sums necessary to discharge the lien claim, and Tenant shall pay as additional rental, when the next rental payment is due, all sums expended by Landlord in discharging any lien, including attorneys' fees and costs.
Appears in 1 contract
Samples: Office Lease (Intraware Inc)
Alterations and Liens. Tenant (A) The Lessee shall not make no alterations or permit to be made any alterations, changes in and additions to the premises Demised Premises without the prior written consent of Landlordthe Lessor in each instance, which consent Lessor agrees not to unreasonably withhold, condition or delay. All Upon the giving of such written consent, all alterations, changes additions and additions that may be required shall be done either by improvements, including fixtures made in, to or under on the direction of Landlord at the cost of TenantDemised Premises, except unattached moveable business fixtures and racking, shall become immediately the property of Landlord the Lessor and shall remain upon and be surrendered with the premises Demised Premises, except that the Lessor shall advise the Lessee at the termination time of the term granting by Lessor of this Lease. Tenant, upon Lessee's request to make any such alteration or addition to the termination of this Lease Demised Premises whether the Lessor desires to have the Demised Premises or the expiration any part or parts thereof restored to their condition as of the term hereof, or for any other reason, shall quit and surrender time of the premises in good order, condition and repairdelivery thereof to the Lessee, reasonable wear and tear excepted, and, if the Lessor so desires, the Lessee shall restore said Demised Premises or such part or parts thereof to such original condition reasonable wear and damage by fire, and act of God or tear excepted before the elements excepted. Upon the termination of this Lease or the expiration end of the term or otherwise, Landlord shall have Term of the option to require Tenant to remove from the premises, at Tenant's expense, all improvements placed on the premises by Tenant, with the premises thereafter to be restored to its previous condition, Lease entirely at the expense of TenantLessee's own cost and expense. Tenant The Lessee shall keep the premises indemnify and building of which the premises are a part free save and clear of any liens and shall indemnify, hold harmless and defend Landlord the Lessor from any liens and encumbrances all liens, claims or demands arising out of any work performed or performed, materials furnished or obligations incurred by or at for the direction Lessee upon said Demised Premises during said term and agrees not to suffer any such lien or encumbrance to be imposed on any of Tenantthe Lessor's premises. In The Lessee shall have the event any lien is filed, Tenant shall do all acts necessary obligation to discharge any such lien within ten (10) days of filing, or if Tenant desires to contest any lien, then Tenant shall deposit with Landlord such security as Landlord shall demand to insure encumbrance by the payment of money or the posting of a surety bond if Lessee in good faith contests the validity of such lien claimor encumbrance. In Notwithstanding anything to the event Tenant shall fail to pay any lien claim when due or shall fail to deposit contrary contained in the security with Landlordpreceding sentence, then Landlord the Lessor shall have the right right, after the giving of not less than twenty (20) days' notice to expend all sums the Lessee to remove such lien or encumbrance, to bring such action or proceeding as may be necessary to discharge effect the lien claim, removal thereof and Tenant shall pay as additional rental, when the next rental payment is due, all sums expended by Landlord in discharging any liencosts and expenses thereof, including attorneys' fees reasonable attorney's fees, shall become immediately due and costspayable by the Lessee to the Lessor as Additional Rent.
Appears in 1 contract
Samples: Lease Agreement (Daisytek International Corporation /De/)
Alterations and Liens. Tenant The Sublessee shall not make no structural alterations or permit to be made any alterations, changes in and additions to the premises Demised Premises without the prior written consent of Landlordthe Sublessor. All Upon the giving of such written consent all alterations, changes additions and additions that may be required shall be done either by improvements, excluding trade fixtures, furnishings and equipment made in, to or under on the direction of Landlord at the cost of Tenant, and Demised Premises shall become immediately the property of Landlord the Sublessor (or Master Lessor, as hereinafter defined) and shall remain upon and be surrendered with the premises at Demised Premises, except that the termination Sublessee shall ascertain from the Sublessor within sixty (60) days before the expiration of this term whether the Sublessor desires to have the Demised Premises or any part or parts thereof restored to their condition as of the time of the delivery thereof to the Sublessee (except for any and all offices or office-related improvements which shall remain), and, if the Sublessor so desires, the Sublessee shall restore said Demised Premises or such part or parts thereof to such original condition before the end of the term of this Lease. Tenant, upon the termination of this Lease or the expiration of the term hereof, or for any other reason, shall quit and surrender the premises in good order, condition and repair, reasonable wear and tear and damage by fire, and act of God or the elements excepted. Upon the termination of this Lease or the expiration of the term or otherwise, Landlord shall have the option to require Tenant to remove from the premises, at Tenant's expense, all improvements placed on the premises by Tenant, with the premises thereafter to be restored to its previous condition, Sublease entirely at the expense of TenantSublessee's own cost and expense. Tenant The Sublessee shall keep the premises indemnify and building of which the premises are a part free save and clear of any liens and shall indemnify, hold harmless and defend Landlord the Sublessor from any liens and encumbrances all liens, claims or demands arising out of any work performed or performed, materials furnished or obligations incurred by or at for the direction of Tenant. In the event Sublessee upon said Demised Premises during said term and agrees not to suffer any such lien is filed, Tenant shall do all acts necessary or encumbrance to discharge be imposed on any lien within ten (10) days of filing, or if Tenant desires to contest any lien, then Tenant shall deposit with Landlord such security as Landlord shall demand to insure the payment of the lien claimSublessor's premises. In the event Tenant shall fail to pay any lien claim when due or shall fail to deposit the security with Landlord, then Landlord The Sublessor shall have the right right, after the giving of not less than five (5) days' notice to expend all sums the Sublessee to remove such lien or encumbrance, to bring such action or proceeding as may be necessary to discharge effect the lien claim, removal thereof and Tenant shall pay as additional rental, when the next rental payment is due, all sums expended by Landlord in discharging any liencosts and expenses thereof, including attorneys' fees reasonable attorney's fees, shall become immediately due and costspayable by the Sublessee to the Sublessor as Additional Rent.
Appears in 1 contract
Alterations and Liens. Tenant Lessee shall not make or permit any other person to be made make any alterations, changes in and additions alterations to the premises Premises or to any improvement thereon or facility appurtenant thereto without the prior written consent of LandlordLessor first obtained, which consent shall not be unreasonably withheld. All Lessee shall submit detailed plans and specifications for any proposed alteration or improvement to the Premises for Lessxx'x xeview. Lessor shall have fifteen (15) days from the time of submission of plans to respond in writing to Lessxx xx he disapproves of such plans. Lessee has the right to terminate this lease if those plans are not approved by the Lessor. In addition, Lessxx xxxll have the right to terminate this lease if Lessxx xx unable to acquire the necessary governmental approvals within sixty (60) days of submission of plans to the appropriate governmental authorities. Plans shall be submitted to the appropriate governmental agencies no later than thirty (30) days from execution of the lease. Any and all approved alterations or improvements to the Premises shall be at Lessee's sole cost and expense. Lessee shall keep the Premises free and clear from any and all liens, claims and demands for work performed, materials furnished or operations conducted on the Premises at the instance or request of Lessee. Lessee shall give Lessor not less than ten (10) days prior written notice of the commencement of construction of any alterations or improvements exceeding $1,000.00 so that Lessor may post and maintain on the Premises, and to record as required by law, any notice or notices of non-responsibility provided for under the mechanics lien laws of the State of California. Lessee will be required to obtain Lessor's written approval only on alterations exceeding $10,000.00 in value. Furthermore, any and all alterations, changes additions, improvements and additions that may be required shall be done either by or under the direction of Landlord at the cost of Tenantfixtures, except furniture, trade fixtures, and all security devices and measures, made or placed in or on the Premises by Lessee or any other person shall on expiration or sooner termination of this lease become immediately the property of Landlord Lessor and shall remain upon and be surrendered with on the premises at the termination of the term of this Lease. TenantPremises; provided, upon the termination of this Lease or the expiration of the term hereofhowever, or for any other reason, shall quit and surrender the premises in good order, condition and repair, reasonable wear and tear and damage by fire, and act of God or the elements excepted. Upon the termination of this Lease or the expiration of the term or otherwise, Landlord that Lessor shall have the option to require Tenant on expiration or sooner termination of this lease of requiring Lessee, at Lessee's sole cost and expense, to remove any or all such alterations, additions, improvements or fixtures from the premises, at Tenant's expense, all improvements placed on the premises Premises by Tenant, with the premises thereafter to be restored to its previous condition, at the expense of Tenant. Tenant shall keep the premises and building of which the premises are a part free and clear of any liens and shall indemnify, hold harmless and defend Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. In the event any lien is filed, Tenant shall do all acts necessary to discharge any lien providing Lessee written notice within ten (10) business days following the expiration or termination of filing, or if Tenant desires to contest any lien, then Tenant shall deposit with Landlord such security as Landlord shall demand to insure the payment of the lien claim. In the event Tenant shall fail to pay any lien claim when due or shall fail to deposit the security with Landlord, then Landlord shall have the right to expend all sums necessary to discharge the lien claim, and Tenant shall pay as additional rental, when the next rental payment is due, all sums expended by Landlord in discharging any lien, including attorneys' fees and coststhis lease.
Appears in 1 contract