Common use of ALTERATIONS AND SIGNS Clause in Contracts

ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise.

Appears in 2 contracts

Samples: Lease Agreement (Childrens Place Retail Stores Inc), Childrens Place Retail Stores Inc

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ALTERATIONS AND SIGNS. 15.0114.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary hereinforegoing, (i) if Landlord has not responded to Tenant's submission alterations are decorative and non-structural in nature and have a cost of plans and specifications within fifteen (15) Business Days after receipt thereofless than $25,000, Tenant's plans and specifications so submitted no consent shall be deemed approved. At the time such consent is grantednecessary, however Tenant shall agree provide Landlord with details of same, and (ii) for all other alterations, Landlord's consent shall not be unreasonably withheld or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24delayed. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 75,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey)) , each in an amount equal to 125100% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of to the adequacy, correctness or efficiency thereof or otherwise.

Appears in 1 contract

Samples: Lower Road Associates LLC

ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained the foregoing, Landlord's consent shall not be required, however notice to the contrary herein, if Landlord has not responded to Tenant's submission (together with a copy of the plans and specifications within fifteen (15specifications) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request for alterations that are non-structural in nature and do not involve or affect the mechanical systems of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as Building and have a cost of less than $75,000.00, provided such notice shall include reasonably sufficient details of the Commencement Date, reasonable wear and tear excepted and subject to Article 24alteration(s). Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 50,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125100% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise.

Appears in 1 contract

Samples: Lease Modification Agreement (Kasper a S L LTD)

ALTERATIONS AND SIGNS. 15.01Section 1. Tenant shall not make any repairs, alterations or additions (collectively, “Alterations”) to the Demised Premisesbase building systems, structure, foundations, roof or make any holes or cuts exterior of the Leased Premises costing in excess of $1,000,000 without first procuring Landlord’s written consent. Other than as expressly provided in the wallspreceding sentence, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the Landlord’s consent of Landlord. Landlord's consent shall is not be required for any non-structural interior alteration Alterations by Tenant. If Tenant gives Landlord written notice (by email or otherwise) to Landlord of the Demised Premises Tenant’s intent to make such Alterations in excess of $1,000,000 which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give require Landlord’s consent hereunder, Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold withhold, condition or delay its consent and Landlord shall be deemed to structural have consented thereto in writing if Landlord fails to respond within ten (10) business days. All Alterations and floor coverings, other than trade fixtures installed by Tenant and, at Tenant’s option, any other fixtures installed by Tenant or non-structural alterations provided same do not adversely affect the structure any trade fixtures or other fixtures installed by Landlord, which may be made or installed by either of the Building parties hereto upon the Leased Premises and which in any manner are attached to the floors, walls or ceilings, shall, at the functional utility termination of this Lease, become the Building for property of Landlord, and shall remain upon and be surrendered with the Permitted Uses. Tenant shall submit Leased Premises as a part thereof, without damage or injury; all without compensation or credit to Tenant, unless otherwise agreed by Landlord plans and specifications for such work at the time consent to an Alteration is granted (or deemed granted) by Landlord's consent is sought. Notwithstanding anything contained to All trade fixtures and other fixtures, at Tenant’s option, which may be made or installed by either of the contrary hereinparties hereto upon the Leased Premises may be removed by Tenant upon termination or expiration of this Lease, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereofprovided, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is grantedhowever, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting repairing damage caused by the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% removal of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwiseitems.

Appears in 1 contract

Samples: Lease (CMI Acquisition, LLC)

ALTERATIONS AND SIGNS. 15.01. Tenant shall will not make or permit anyone to make any alterations alterations, decorations, additions or additions improvements, structural or otherwise with a cost in excess of $1,000, in or to the Demised Premises, Leased Premises or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change Building without the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the prior written consent of Landlord, except as set forth in Section 29. Landlord's Any alterations shall be out of identical or improved building materials and construction methods as was used in original structure. As a condition precedent to written consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Landlord hereunder, Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either such security against mechanic's liens as Landlord shall reasonably request. If any mechanic's lien is filed against any part of the Building or real estate for work claimed to have been done for or labor or materials claimed to have been furnished to or authorized by Tenant, such mechanic's lien shall be discharged by Tenant within ten (i10) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey)days thereafter, each in an amount equal to 125% of such estimated at Tenant's sole cost and in form reasonably satisfactory expense, by the payment and satisfaction thereof or by filing any bond required or permitted by law. Should Tenant fail to Landlordobtain the discharge of any such mechanic's lien within ten (10) days of the filing thereof, or (ii) such other security as Landlord shall be reasonably satisfactory entitled to obtain such discharge by whatever reasonable means Landlord deems expedient, and all costs incurred by Landlord in obtaining such discharge including reasonable attorneys fees, shall be paid by Tenant as additional rent hereunder. All alterations, decorations, additions or improvements in or to the Leased Premises or the Building made by either party shall immediately become the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the end of the term hereof without disturbance, molestation or injury; provided, however, that if Tenant is not in default in the performance of any of its obligations under this Lease, and further provided that if any and all damage resulting therefrom be repaired, Tenant shall have the right to remove at its own expense, prior to the expiration or termination of the term of this lease, all movable furniture, trade fixtures and manufacturing equipment installed in the Leased Premises, provided such removal is completed with no damage to the Leased Premises or the Building. Tenant shall have the right to remodel any existing monument signs at Tenant's expense, subject to the approval by the City of Plymouth, other building tenants, and Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect agrees not to place or maintain any sign, advertisement or notice on any part of the making outside or the inside of alterationsthe Building without Landlord's prior written approval. Any review or approval by Landlord such approved use shall be at the sole expense and cost of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwiseTenant.

Appears in 1 contract

Samples: Lease Agreement (Medamicus Inc)

ALTERATIONS AND SIGNS. 15.01. Tenant shall will not make or permit anyone to make any alterations alterations, decorations, additions or additions improvements, structural or otherwise with a cost in excess of $5,000 in or to the Demised Premises, Leased Premises or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change Building without the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the prior written consent of Landlord, except as set forth in Section 29. Landlord's Any alterations shall be out of identical or improved building materials and construction methods as was used in original structure. As a condition precedent to written consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Landlord hereunder, Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either such security against mechanic’s liens as Landlord shall reasonably request. If any mechanic’s lien is filed against any part of the Building or real estate for work claimed to have been done for or labor or materials claimed to have been furnished to or authorized by Tenant, such mechanic’s lien shall be discharged by Tenant within ten (i10) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey)days thereafter, each in an amount equal to 125% of such estimated at Tenant’s sole cost and in form reasonably satisfactory expense, by the payment and satisfaction thereof or by filing any bond required or permitted by law. Should Tenant fail to Landlordobtain the discharge of any such mechanic’s lien within ten (10) days of the filing thereof, or (ii) such other security as Landlord shall be reasonably satisfactory entitled to obtain such discharge by whatever reasonable means Landlord deems expedient, and all costs incurred by Landlord in obtaining such discharge including reasonable attorneys fees, shall be paid by Tenant as additional rent hereunder. Unless otherwise agreed, all alterations, decorations, additions or improvements in or to the Leased Premises or the Building made by either party shall immediately become the property of the Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the end of the term hereof without disturbance, molestation or injury; provided that if any and all damage resulting therefrom be repaired, Tenant shall have the right to remove at its own expense, prior to the expiration or termination of the term of this lease, all movable furniture, trade fixtures and manufacturing equipment installed in the Leased Premises. Tenant shall have the right to remodel any existing monument signs at Tenant’s expense, subject to the approval by the City of Plymouth,and Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect agrees not to place or maintain any sign, advertisement or notice on any part of the making outside or the inside of alterationsthe Building without Landlord’s prior written approval which shall not be unreasonably withheld. Any review or approval by Landlord such approved use shall be at the sole expense and cost of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwiseTenant.

Appears in 1 contract

Samples: Lease Agreement (Enpath Medical Inc)

ALTERATIONS AND SIGNS. 15.01. Tenant shall will not make or permit anyone to make any alterations alterations, decorations, additions or additions improvements, structural or otherwise, in or to the Demised Premises, Leased Premises or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change Building without the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the prior written consent of Landlord. Landlord's , which consent shall not be unreasonably withheld, and provided further that by such consent, Landlord may give notice to the Tenant whether or not the Landlord will require such alterations, additions, partitions or improvements to be removed upon lease expiration or termination, and if no such notice is given by Landlord, then the conclusive presumption shall be that such improvement shall not be required for any to be removed upon expiration of this Lease. Any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do mechanical improvement not adversely affect exceeding $3,000.00 shall not require Landlord consent, but Tenant shall provide Landlord with a 10-days advance written notice prior to making such alterations, additions, partitions or improvements and Landlord may give notice to the structure Tenant whether or not the Landlord will require such alterations, additions, partitions or improvements to be removed upon lease expiration or termination, and if no such notice is given by Landlord, then the conclusive presumption shall be that such improvement shall not be required to be removed upon expiration of this Lease. All such alterations, decorations, additions or improvements permitted by Landlord must conform to all requirements of the Building federal, state and local governments or the functional utility of the Building for the Permitted Usesother entities having jurisdiction over such matters. Tenant shall submit to When granting its consent, Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirementsmay impose any conditions it deems appropriate, including, without limitation, the fees approval of any architect or engineer employed by plans and specifications and obtaining of specified insurance. As a condition precedent to written consent of Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlordhereunder, Tenant shall agrees to obtain and deliver to Landlord either (i) such security against mechanic's liens as Landlord shall reasonably request. Tenant covenants and agrees not to suffer or permit any lien of mechanics or materialmen to be placed upon or against the Leased Premises or the Building or against the Tenant's interest in the Lease, arising from labor, material, service, equipment ordered or authorized by Tenant or its agents or employees, and in case of such lien attaching, to immediately pay and remove same, except that if Tenant contests any such lien, Tenant may post a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an the amount equal to 125of 150% of such estimated cost and in form reasonably satisfactory to Landlord, alleged lien or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully give notice of any work which may be done which would permit liens to be flied, such notice to be given seven (7) days prior to any work commencing and promptly comply does hereby permit Landlord to post appropriate notices of non-responsibility pursuant to Minnesota Statutes 514.06. If any mechanic's lien is filed against any part of the Building or real estate for work claimed to have been done for or labor or materials claimed to have been furnished to or authorized by Tenant, such mechanic's lien shall be discharged by Tenant within thirty days thereafter, at Tenant's sole cost and expense, by the payment and satisfaction thereof or by filing any bond required or permitted by law or posting other security reasonably acceptable to Landlord. Should Tenant fail to obtain the discharge of any such mechanic's lien within 60 days of the filing thereof, Landlord shall be entitled to obtain such discharge by whatever reasonable means Landlord deems expedient, and all costs incurred by Landlord in obtaining such discharge including reasonable attorneys fees, shall be paid by Tenant as Additional Rent hereunder. All alternations, additions or improvements, permanently affixed to the Premises, including wall-to-wall carpet, upon the Premises (whether with or without the prior written consent of Landlord) shall, at the election of Landlord, remain upon the Premises, and observe become the Rules property of the Landlord and Regulations then in force in respect be surrendered with the Leased Premises at the expiration or termination of this Lease without disturbance, molestation or injury. Except for Tenant's initial improvements, should Landlord elect that the alterations, additions or improvements made by Tenant upon the Premises including telephone or computer cabling, conduit or wiring be removed upon expiration or termination of this Lease, Tenant hereby agrees to cause same to be removed at Tenant's sole expense. Should Tenant fail to remove the same, Landlord may cause same to be removed at Tenant's expense and Tenant hereby agrees to reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Such obligations shall survive expiration or termination of this Lease. Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims or damages to person or property which arise directly or indirectly by reason of the making of any such alterations, additions or improvements. If any such work is done without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord together with a charge of 15% of such costs in the performance of this work. All alterations, additions or improvements in or to the Premises or the Building made by either party (and if made by the Tenant, then only if Landlord has approved such alterations, additions or improvements) shall immediately become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the expiration or termination of the Term without disturbance, molestation or injury; provided, however, that Tenant shall have the right to remove, prior to expiration of the Term, all movable furniture, furnishings and equipment installed in the Premises at the expense of Tenant. If such property of Tenant is not removed by Tenant prior to the expiration or termination of this Lease, and if Landlord so elects, the same shall become the property of Landlord and shall be surrendered with the Premises as a part thereof. Tenant shall not place or maintain any sign, advertisement or notice on any part of the outside or the inside of the Building without Landlord's prior written approval. Any review such approved use shall be at the sole expense and cost of Tenant. Landlord shall provide standard building signage on the glass store front entry or approval door at the entrance to the Leased Premises and Tenant's name on any other tenant directory signage of the Building. Tenant may install additional Tenant signage to the building and the Leased Premises beyond what Landlord will provide, although any such signage must first be approved by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlordand installed at Tenant's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwiseexpense.

Appears in 1 contract

Samples: Lease Agreement (2nd Swing Inc)

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ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any structural alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofsroof, or floors thereof, or change the exterior color or architectural treatment of the Demised PremisesBuilding, or make any non-structural alterations costing One Hundred Thousand Dollars ($100,000.00) or more (consistent with the use of a first class warehouse distribution center) in the aggregate, without on each occasion first obtaining the consent of Landlord. Landlord's , which consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees with respect to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do shall not adversely affect the structure of the Building be unreasonably withheld or the functional utility of the Building for the Permitted Usesdelayed. In all events Tenant shall submit to Landlord a detailed description of such work, and where required for compliance with Legal Requirements or reasonably requested by Landlord, plans and specifications for such work at the time Landlord's ’s consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request prior to commencement of such proposed alterations. Landlord upon notification shall have the right to require restoration of any alterations performed by Tenant, except that restoration of any alterations performed by Tenant as part of Tenant’s Work for Tenant’s initial occupancy shall not be required to be restored, provided such Tenant’s plans for same are approved by Landlord in advance of such alteration) work. Tenant shall, except with respect to restore the Tenant’s Work performed in connection with Tenant’s initial occupancy of the Demised Premises on or before the Expiration Date to their condition as of the Commencement DatePremises, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's ’s Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall shall, except with respect to the Tenant’s Work performed in connection with Tenant’s initial occupancy of the Demised Premises, obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's ’s benefit, and without any representation or warranty whatsoever to Tenant in respect of to the adequacy, correctness or efficiency thereof or otherwise.

Appears in 1 contract

Samples: Hartz Mountain (Vs Direct Inc.)

ALTERATIONS AND SIGNS. 15.01Tenant will not make or permit anyone to make --------------------- any structural alterations, additions or improvements in or to the Leased Premises or the Building without the prior written consent of Landlord, provided that Landlord shall not unreasonably withhold, delay or condition consent to Tenant's interior decorations unless, in Landlord's reasonable opinion, said interior alterations, additions or improvements adversely affect the Leased Premises or Building. Notwithstanding anything in this Lease to the contrary, Tenant shall be allowed, without Landlord approval, to make non-structural improvements or alterations to the Leased Premises provided said improvements or alterations do not exceed $7,500.00. However, Tenant shall still notify Landlord, in writing, of its' intention to perform said improvements or alterations. As a condition precedent to written consent of Landlord hereunder, Tenant agrees to obtain and deliver to Landlord such security against mechanic's lien as Landlord shall reasonably request. If any mechanic's lien is filed against any part of the Building or the Project for work claimed to have been done for, or labor or materials claimed to have been furnished to or authorized by Tenant, such mechanic's lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant's sole cost and expense, by the payment and satisfaction thereof or by making any deposit required by law unless the amount owed is disputed in good faith by Tenant. In no event shall said dispute continue for more than thirty (30) business days after Landlord is notified of said dispute. Should Tenant fail to obtain the discharge of any such mechanic's lien within ten (10) days of the filing thereof, Landlord shall be entitled to obtain such discharge by whatever reasonable means Landlord deems expedient, and all costs incurred by Landlord in obtaining such discharge including reasonable attorney's fees, shall be paid by Tenant as additional rent hereunder. All alterations, decorations, additions or improvements in or to the Leased Premises or the Project made by Tenant or by Landlord on Tenant's behalf shall immediately become the property of Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the end of the term hereof without disturbance, molestation or injury, unless Landlord requires specific portions thereof to be removed by Tenant at Tenant's sole expense, in which event Tenant shall do so prior to the expiration of the term of this Lease at its expense, and shall repair any damage caused thereby. Landlord shall inform Tenant at the time of construction of any alterations or improvements if said alterations or improvements shall be removed by Tenant at Tenant's expense at the expiration or termination of this Lease. Notwithstanding the foregoing, if Tenant is not in default in the performance of any of its obligations under this Lease, and further provided that if any and all damage resulting therefrom be repaired, Tenant shall have the right to remove at its own expense, prior to the expiration or termination of the term of this Lease, all moveable furniture or trade fixtures installed in the Leased Premises provided such removal is completed with no damage to the Leased Premises or the Building. Tenant shall not make place or maintain any alterations sign, advertisement or notice on any part of the outside or the inside of the Building without Landlord's prior written approval. Any such approved use shall be at the sole expense and cost of Tenant. Tenant shall not install any equipment which will or may necessitate any changes, replacements or additions to the Demised Premisesto, or make any holes or cuts in the wallsuse of, ceilingsthe heating, roofsventilating or air conditioning system, or floors thereof, or change the exterior color or architectural treatment electrical system of the Demised Premises, Leased Premises or the Project nor any equipment containing Hazardous Substances or chlorofluorocarbons without on each occasion first obtaining the prior written consent of Landlord. Landlord's consent shall not Equipment belonging to Tenant which causes fumes, odors, noise or vibration that may be required for any non-structural interior alteration of the Demised Premises which does not adversely affect transmitted to the structure of the Building or functional utility of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent space therein to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit such a degree as to be objectionable to Landlord plans or to any tenant in the Project shall be installed and specifications for such work maintained by Tenant, at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans expense, on vibration eliminators, with ventilation equipment or other devices sufficient to eliminate such fumes, odors, noise and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwisevibration.

Appears in 1 contract

Samples: Lease Agreement (Vialog Corp)

ALTERATIONS AND SIGNS. 15.01. Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. , which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, with respect to those alterations to the Demised Premises which do not exceed a cost, in the aggregate, of $150,000, or otherwise impact upon the structure or systems of the Building, Landlord's consent shall not be required for any non-structural interior alteration of the Demised Premises which does not adversely affect the structure of the Building or functional utility of the Building for the Permitted Usesrequired. Tenant agrees With respect to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its those alterations wherein Landlord's consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. is required, Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 150,000 (other than the initial Tenant's Work and exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125100% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise. Landlord hereby expressly consents to the alterations to be performed by Tenant in connection with initial build-out of the Demised Premises.

Appears in 1 contract

Samples: G Iii Apparel Group LTD /De/

ALTERATIONS AND SIGNS. 15.01. Except with respect to alterations, additions, changes, replacements, installations or improvements which affect, either directly or indirectly, (i) the structural elements of the Building (which shall include, but not be limited to, any expansion of the Building), or (ii) the mechanical systems of the Building in a manner which represents a material deviation from the Plans and Specifications approved by Landlord in connection with the initial Tenant’s Work, or (iii) the exterior façade of the Building in a manner that is inconsistent with the general appearance of the Building as it exists on the date of this Lease, or (iv) which involve exterior (i.e. outside the Building) installations or exterior underground cable, conduit and/or and utility lines, which collectively are referred to herein as “Alterations” and which shall require Landlord’s prior written approval, Tenant may make from time to time, without Landlord’s consent, alterations, modifications or improvements to the Building as it desires or is required to make. With respect to those Alterations requiring Landlord’s prior approval, Tenant shall, prior to the commencement of such Alterations, submit to Landlord detailed plans and specifications for such Alterations prepared by a registered architect or professional engineer and Landlord shall reasonably approve or disapprove such Alterations within ten (10) business days of Tenant’s submission thereof. Any disapproval of such proposed Alterations shall be accompanied by specific reasons for such disapproval. Failure of Landlord to respond within such ten (10) business day period shall be deemed approval of such proposed Alterations. Alterations, and any alterations, modifications or improvements that do not constitute Alterations, made by Tenant shall not make any alterations or additions be performed in compliance with all applicable Legal Requirements and Insurance Requirements. With respect to the Demised Premisesthose Alterations requiring Landlord’s approval, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Landlord's consent Landlord agrees that such approval shall not be required unreasonably withheld, delayed or conditioned, and Landlord agrees to approve Tenant’s request for any non-structural interior alteration of Alterations provided and on the Demised Premises which condition that (i) the Alteration in question does not adversely affect the structure structural integrity of the Building, and (ii) in the case of Alterations to the mechanical systems of the Building, same do not represent a material deviation from the Plans and Specifications approved by Landlord in connection with the initial Tenant’s Work, and (iii) in all cases, the Alterations(s) in question do not otherwise impair (i.e., lessen) the value of the Building or functional utility as a data center/facility when evaluated in the context of the value of the Building for the Permitted Uses. Tenant agrees to give Landlord notice of any non-structural alteration costing more than Fifty Thousand Dollars ($50,000.00). Landlord agrees that it shall not unreasonably withhold or delay its consent to structural or non-structural alterations provided same do not adversely affect the structure of the Building or the functional utility of the Building for the Permitted Uses. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything contained to the contrary herein, if Landlord has not responded to Tenant's submission of plans and specifications within fifteen (15) Business Days after receipt thereof, Tenant's plans and specifications so submitted shall be deemed approved. At the time such consent is granted, Tenant shall agree (or if no consent is required, upon request of Landlord upon notification by Tenant of such alteration) to restore the Demised Premises on or before the Expiration Date to their condition as a data center/facility as of the Commencement Date, reasonable wear and tear excepted and subject to Article 24. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord actually incurred to third parties in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (other than the initial Tenant's Work and exclusive Date of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable independent contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterationsLease. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations Alterations is solely for Landlord's ’s benefit, and without any representation or warranty whatsoever to Tenant in respect of to the adequacy, correctness or efficiency thereof or otherwise. Alterations (including those alterations, modifications or improvements that do not constitute Alterations) shall be diligently performed in a good and workmanlike manner. Throughout the making of all alterations (including any Alteration), Tenant shall carry, or cause to be carried, workmen’s compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the making of alterations.

Appears in 1 contract

Samples: Switch & Data Facilities Company, Inc.

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