Common use of Alterations and Trade Fixtures Clause in Contracts

Alterations and Trade Fixtures. Tenant shall not make any alterations, additions or improvements (“Alterations”) to the Premises, Building or Project without Landlord’s prior written consent with the exception of the Improvements outline in Exhibit C hereto. Alterations approved by Landlord shall comply with all applicable codes and municipal requirements and be installed with commercial grade materials in a good and workmanlike manner by a contractor reasonably acceptable to Landlord. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of work free and clear of liens and shall provide certificates indicating insurance sufficient to protect Landlord from any liability or damages during construction. Upon surrender of the Premises, all Improvements and Alterations shall remain on the Premises as Landlord’s property, except to the extent Landlord requires removal at Tenant’s expense. Tenant may at any time request in writing Landlord’s determination as to whether an Improvement or Alteration shall become property of Landlord. Landlord shall respond to Tenant’s written request within 10 days or Landlord shall have deemed to have waived its rights. Such written request shall make reference to the 10 day time limit. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures (“Trade Fixtures”) in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without damage to the Premises. The installation of Trade Fixtures must comply with all codes and municipal requirements. Tenant shall remove its Trade Fixtures upon surrender of the Premises and repair any damage caused by the removal.

Appears in 1 contract

Samples: Lease Agreement (Cardionet Inc)

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Alterations and Trade Fixtures. (a) Tenant shall not make any alterations, additions additions, or improvements (collectively "Alterations") to the Building or Property and shall not make any Alteration to the Premises without Landlord's prior written consent. All Alterations made by either of the parties hereto upon the Premises, Building except moveable and detached or Project without detachable office furniture, partitions, and machinery and equipment put in at Tenant's expense, shall be the property of Landlord’s prior written consent , and shall remain upon and be surrendered with the exception Premises, as part thereof at the termination of this Lease or at the Improvements outline in Exhibit C heretooption of Landlord, said Alterations shall be removed by Tenant at Tenant's sole cost and expense (failing which, Landlord may remove such alterations and invoice Tenant for such work, which amount shall be Additional Rent immediately due hereunder). Any damages caused by or arising from Tenant's removal of any Alterations approved by Landlord shall comply with all applicable codes and municipal requirements and be installed with commercial grade materials in a good and workmanlike manner by a contractor reasonably acceptable to Landlordrestored or repaired at Tenant's expense. Tenant shall furnish security or make be solely responsible for removing all telephone, telefax, computer and other arrangements satisfactory to Landlord to assure payment for the completion of work free communications wiring, cabling and clear of liens equipment and shall provide certificates indicating insurance sufficient to protect Landlord repair all damages caused by or arising from any liability or damages during construction. Upon surrender of the Premises, all Improvements and Alterations shall remain on the Premises as Landlord’s property, except to the extent Landlord requires such removal at Tenant’s 's expense. . (b) All labor and materials furnished by or on behalf of Tenant may at any time request under or pursuant to this Lease shall be first class, not less than the caliber and quality which exists in the Premises and by contractors approved in writing Landlord’s determination by Landlord and shall be accomplished at times so as not to whether an Improvement or Alteration shall become property disturb the business of Landlord. Landlord shall respond to Tenant’s written request within 10 days or Landlord shall have deemed to have waived its rights. Such written request shall make reference to the 10 day time limit. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures (“Trade Fixtures”) in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without damage to the Premises. The installation of Trade Fixtures must comply with all codes and municipal requirementsother tenants. Tenant shall remove its Trade Fixtures upon surrender not install any Alterations in such a manner as to compromise the structural integrity or impair the economic value or marketability of the Premises or any part thereof. The labor and repair materials shall be installed in complete conformity to all applicable statutes, codes, ordinances and regulations. (c) Landlord agrees that it will not unreasonably withhold or delay its consent to any damage caused by interior nonstructural Alterations to the removalPremises which do not affect any Building systems. Tenant agrees that it will submit to Landlord sealed plans and specifications along with the name and address of the proposed contractor and all subcontractors as part of any request made hereunder. Prior to commencing the work, Tenant will furnish Landlord with copies of all governmental permits, certificates establishing that its contractor and subcontractors have adequate insurance coverages naming Landlord (and any property manager) and Landlord's mortgagee as additional insureds. If Landlord has installed a master lock system Tenant agrees that under no circumstances will it change any of the exterior locks thereby making it impossible for Landlord to gain access with its master key.

Appears in 1 contract

Samples: Lease (American Bio Medica Corp)

Alterations and Trade Fixtures. Tenant Lessee shall not have the right to make alterations, improvements or additions to the improvements; provided, however, that Lessee shall first obtain Lessor's prior written approval of the applicable plans and specifications for any alterations, improvements or additions (a) costing in excess of $5000.00, in the aggregate and not separately, or improvements (“Alterations”b) to affecting the Premises, Building structural or Project without Landlord’s prior written consent with the exception load-bearing members of the Improvements outline in Exhibit C hereto. Alterations approved by Landlord shall comply with all applicable codes and municipal requirements and be installed with commercial grade materials in a good and workmanlike manner by a contractor reasonably acceptable to Landlord. Tenant shall furnish security Building, or make other arrangements satisfactory to Landlord to assure payment for (c) affecting the completion of work free and clear of liens and shall provide certificates indicating insurance sufficient to protect Landlord from any liability or damages during construction. Upon surrender exterior of the PremisesBuilding, all Improvements and Alterations shall remain or (d) affecting the roads, parking areas or other exterior structures on the Premises as Landlord’s propertyDemised Premises. Lessor shall not unreasonably withhold its approval of any alterations, except to the extent Landlord requires removal at Tenant’s expense. Tenant may at any time request in writing Landlord’s determination as to whether an Improvement improvements or Alteration shall become property of Landlord. Landlord additions requested by Lessee and Lessor shall respond to Tenant’s Lessee's written request for such approval within 10 fifteen (15) days or Landlord following receipt thereof by Lessor. During the term of the Lease, Lessee shall have deemed the right but, except as stated in the succeeding sentence, not the obligation to have waived its rights. Such written request shall make reference remove (a) any of said alterations, improvements or additions made to the 10 day time limit. TenantDemised Premises by Lessee at Lessee's cost, and (b) any trade fixtures, furniture and equipment installed by Lessee; provided, however, that Lessee shall, at its own sole cost and expense, repair any damage caused to the Demised Premises by such removal. By notice to Lessee in writing given not more than six (6) months and not less than two (2) months prior to the Expiration Date, Lessor may erect shelvesrequest that Lessee remove from the Demised Premises (I) any of said alterations, bins, machinery improvements or additions made to the Demised Premises by Lessee and trade fixtures (“Trade Fixtures”ii) in the ordinary course of its business provided that such items do not alter the basic character any of the Premisestrade fixtures, do not overload furniture and equipment installed by Lessee; and, if Lessor makes such request, Lessee shall remove, on or damage before the PremisesExpiration Date, such of Lessee's alterations, improvements, additions, trade fixtures, furniture and may be removed without damage to the Premises. The installation of Trade Fixtures must comply with all codes and municipal requirements. Tenant shall remove its Trade Fixtures upon surrender of the Premises equipment as are stated in such request and repair any damage caused to the Demised Premises by said removal. Subject to the removal.foregoing provisions of this

Appears in 1 contract

Samples: Lease Agreement (Ceco Environmental Corp)

Alterations and Trade Fixtures. Tenant will, during the term and all continuations hereof, keep, and at the expiration hereof, peaceably surrender possession of the Premises in as good order and condition as existed at the inception of this Lease, reasonable wear and tear and damage by fire, elements or casualty excepted, and will, at the expiration of said term, or any continuation thereof, deliver the keys at the office of said Landlord. Tenant shall not have the right to make any reasonable alterations, additions, or improvements with Landlord’s prior written consent which consent shall not be unreasonably withheld and all alterations, additions or improvements (“Alterations”) to made by either of the parties hereto upon the Premises, Building except moveable and detached or Project without detachable office furniture, and moveable partitions, and moveable machinery and equipment installed at Tenant’s expense, shall be the property of Landlord’s prior written consent , and shall remain upon and be surrendered with the exception termination of this Lease. Any damages caused by or arising from the Improvements outline in Exhibit C hereto. Alterations approved by Landlord shall comply with all applicable codes and municipal requirements and be installed with commercial grade materials in a good and workmanlike manner by a contractor reasonably acceptable to Landlord. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion Tenant’s removal of work free and clear of liens and shall provide certificates indicating insurance sufficient to protect Landlord its property from any liability or damages during construction. Upon surrender of the Premises, all Improvements and Alterations shall remain on the Premises as Landlord’s property, except to the extent Landlord requires removal shall be restored and repaired at Tenant’s expense. Any property or fixtures which remain upon the Premises after the expiration of the Lease shall be deemed abandoned by Tenant and Landlord may at take possession of same and dispose of in any time request reasonable manner without any further liability of Landlord to Tenant. Any cost associated with the removal of such property shall be payable by Tenant. All labor and materials furnished by or on behalf of Tenant under or pursuant to this Lease shall be first class, not less than the caliber and quality which exists in the quality which exists in the Premises and by contractors approved in writing by Landlord’s determination as to whether an Improvement or Alteration , which approval shall become property of Landlord. Landlord shall respond to Tenant’s written request within 10 days or Landlord shall have deemed to have waived its rights. Such written request shall make reference to the 10 day time limit. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures (“Trade Fixtures”) in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premisesbe unreasonably withheld, and may shall be removed without damage accomplished at times so as not to materially disturb the Premises. The installation activities of Trade Fixtures must comply with all codes and municipal requirementsother tenants. Tenant shall remove its Trade Fixtures upon surrender not install any alterations, additions, or improvements in such manner as to comprise the structural integrity of the Premises or any part thereof. The labor and repair any damage caused by the removalmaterials shall be installed in complete conformity to all applicable statues, codes, ordinances and regulations.

Appears in 1 contract

Samples: Lease Agreement (Inpellis, Inc.)

Alterations and Trade Fixtures. Tenant shall not make any structural alterations, additions or improvements (“Improvements and Alterations”) to the Premises, Building or Project without Landlord’s prior written consent with the exception of the Improvements outline in Exhibit C heretoconsent. Alterations approved by Landlord shall comply with all applicable codes and municipal requirements and be installed with commercial grade materials in a good and workmanlike manner by a contractor reasonably acceptable to Landlord. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of work free and clear of liens and shall provide certificates indicating insurance sufficient to protect Landlord from any liability or damages during construction. Upon surrender of the Premises, all Improvements and Alterations shall remain on the Premises as Landlord’s property, except to the extent Landlord requires required removal at Tenant’s expenseexpense as an express condition of Landlord’s written consent to such Improvements and Alterations. Tenant may at any time request in writing Landlord’s determination as to whether an Improvement or Alteration shall become property of Landlord. Landlord shall respond to Tenant’s written request within 10 days or Landlord shall have deemed to have waived its rights. Such written request shall make reference to the 10 day time limit. Tenant, at its own cost and expense, may erect shelves, bins, machinery machinery, non-structural walls and partitions, and trade fixtures (collectively, “Trade Fixtures”) in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without damage to the Premises. The Tire installation of Trade Fixtures must comply with all codes and municipal requirements. Tenant shall remove its Trade Fixtures upon surrender of the Premises and repair any damage caused by the removal.

Appears in 1 contract

Samples: Lease Agreement (Dirtt Environmental Solutions LTD)

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Alterations and Trade Fixtures. Tenant shall have the right to make any reasonable alterations, additions, or improvements with Landlord's prior written consent and all alterations, additions or improvements made by either of the parties hereto upon the Premises, except moveable and detached or detachable office furniture, and moveable partitions, and moveable machinery and equipment put in at Tenant's expense, shall be the property of Landlord, and shall remain upon and be surrendered with the Premises, as part thereof at the termination of this Lease. Any property or fixtures which remain upon the Premises after the expiration of the Lease shall be deemed abandoned by Tenant and Landlord may take possession of same and dispose of in any reasonable manner without any further liability of Landlord to Tenant. Any costs associated with the removal of such property shall be payable by Tenant. All labor and materials furnished by or on behalf of Tenant under or pursuant to this Lease shall be first class, no less than the caliber and quality which exists in the Premises and by contractors approved in writing by Landlord and shall be accomplished at times so as not to disturb the activities of other tenants. Tenant shall not make install any alterations, additions or improvements (“Alterations”) to the Premises, Building or Project without Landlord’s prior written consent with the exception of the Improvements outline in Exhibit C hereto. Alterations approved by Landlord shall comply with all applicable codes and municipal requirements and be installed with commercial grade materials in such a good and workmanlike manner by a contractor reasonably acceptable to Landlord. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of work free and clear of liens and shall provide certificates indicating insurance sufficient to protect Landlord from any liability or damages during construction. Upon surrender of the Premises, all Improvements and Alterations shall remain on the Premises as Landlord’s property, except to the extent Landlord requires removal at Tenant’s expense. Tenant may at any time request in writing Landlord’s determination as to whether an Improvement or Alteration shall become property of Landlord. Landlord shall respond to Tenant’s written request within 10 days or Landlord shall have deemed to have waived its rights. Such written request shall make reference to compromise the 10 day time limit. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures (“Trade Fixtures”) in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without damage to the Premises. The installation of Trade Fixtures must comply with all codes and municipal requirements. Tenant shall remove its Trade Fixtures upon surrender structural integrity of the Premises or any part thereof. The labor and repair materials shall be installed in complete conformity to all applicable statutes, codes, ordinances and regulations. Landlord agrees that it will not unreasonably withhold or delay its consent to any damage caused by proposed addition, alteration or improvement. Tenant agrees that it will submit to Landlord sealed plans and specifications along with the removalname and address of the proposed contractor and all subcontractors as part of any request made hereunder. Prior to commencing the work, Tenant will furnish Landlord with copies of all governmental permits and certificates establishing that its contractor and subcontractors have adequate insurance coverages. Upon completion of the work, Tenant will submit to Landlord as-built drawings and certificates of inspection certifying the satisfactory completion of the alteration, addition or improvement. Landlord either has or is in the process of installing a master key system. Tenant therefore agrees that under no circumstances will it change any of the exterior locks thereby making it impossible for the Landlord to gain access with its master key.

Appears in 1 contract

Samples: Multi Tenant Office Lease (Qad Inc)

Alterations and Trade Fixtures. Tenant shall not make any Any alterations, additions additions, or improvements made to the Premises by or on behalf of Tenant commencing after completion of Tenant's and Landlord's initial build-out of the Premises, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises (“Alterations”"ALTERATIONS"), but excluding from Alterations (i) installation, removal or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) and (ii) during any 12 month period during the Term, up to $25,000 of cosmetic modifications to the Premises, Building in either case of (i) or Project without (ii) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to building systems. Alterations shall be subject to Landlord’s 's prior written consent consent, which shall be given or withheld within 10 business days following any request therefor and which shall not be unreasonably withheld or conditioned. If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the exception commencement, performance and completion of such Alterations as Landlord may deem appropriate in Landlord's reasonable discretion. Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost of the Improvements outline alterations as may be reasonably requested by Landlord, including the identities and mailing addresses of all persons performing work or supplying materials. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable Legal Requirements. Tenant shall cause, at its expense, all Alterations to comply with insurance requirements and with Legal Requirements and shall implement at its sole cost and expense any alteration or modification required by Legal Requirements as a result of any Alterations. Tenant shall pay to Landlord, as Additional Rent, within 10 days of demand an amount equal to 5% of all charges incurred by Tenant or its contractors or agents in Exhibit C heretoconnection with any Alteration to cover Landlord's overhead and expenses for plan review, coordination, scheduling and supervision. Alterations approved Before beginning any Alteration, Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any extra expense incurred by Landlord shall comply with all applicable codes and municipal requirements and be installed with commercial grade materials in a good and workmanlike manner by a contractor reasonably acceptable to Landlordreason of faulty work done by Tenant or its contractors, delays caused by such work, or inadequate cleanup. Tenant shall furnish security or make other arrangements reasonably satisfactory to Landlord to assure payment for the completion of all work free and clear of liens liens, and shall provide certificates indicating of insurance sufficient for worker's compensation and other coverage in amounts and from an insurance company satisfactory to protect Landlord from any protecting Landlord against liability for personal injury or damages property damage during construction. Upon surrender completion of any Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors; and (ii) as built plans for any such Alteration. Other than (i) the items, if any, listed on EXHIBIT F attached hereto, (ii) any items agreed by Landlord in writing to be included on EXHIBIT F in the future, and (iii) any trade fixtures, machinery, equipment and other personal property not paid for out of the TI Fund which may be removed without material damage to the Premises, which damage shall be repaired (including capping or terminating utility hookups behind walls) by Tenant during the Term (collectively, "TENANT'S PROPERTY"), all property of any kind paid for with the TI Fund, Alterations, real property fixtures, built-in machinery and equipment, built-in laboratory casework and cabinets and other similar additions and improvements built into the Premises so as to become an integral part of the Premises, all Improvements such as fume hoods which penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water system, chillers, built-in plumbing, electrical and Alterations mechanical equipment and systems, and any power generator and transfer switch (collectively, "INSTALLATIONS") shall be and shall remain on the property of Landlord during the Term and following the expiration or earlier termination of the Term, shall not be removed by Tenant at any time during the Term and shall remain upon and be surrendered with the Premises as Landlord’s propertya part thereof following the expiration or earlier termination of this Lease; provided, except to the extent however, that Landlord requires removal at Tenant’s expense. Tenant may at any the time request in writing Landlord’s determination as its approval of such Installation is requested may elect to whether cause Tenant to remove such Installation upon the expiration or earlier termination of this Lease. If Landlord elects at the time of approval of an Improvement or Alteration shall become property of Landlord. Landlord shall respond Installation to Tenant’s written request within 10 days or Landlord shall have deemed to have waived its rights. Such written request shall make reference to the 10 day time limit. Tenantrequire such removal, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures (“Trade Fixtures”) in the ordinary course of its business provided that such items do not alter the basic character of the Premises, do not overload or damage the Premises, and may be removed without damage to the Premises. The installation of Trade Fixtures must comply with all codes and municipal requirements. Tenant shall remove its Trade Fixtures such Installation upon surrender the expiration or earlier termination of this Lease and restore any damage caused by or occasioned as a result of such removal. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. In addition, Tenant shall, when removing any of Tenant's Property which was plumbed, wired or otherwise connected to any of the building systems, cap off all such connections behind the walls of the Premises and shall repair any damage caused by the removalholes.

Appears in 1 contract

Samples: Lease Agreement (Memory Pharmaceuticals Corp)

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