Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 2 contracts
Samples: Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.), Standard Industrial Net Lease (Mabvax Therapeutics Holdings, Inc.)
Alterations by Tenant. Section 11.01 (a) Provided Tenant shall not complies with all Requirements, Tenant may make any all alterations, decorations, installations, additions or improvements and improvement in and to the Demised Premises (collectively, “Tenant’s Alterations”) which are nonstructural and which do not impact on the Building Systems, do not materially adversely affect the value or utility of the Building, do affect the Certificate of Occupancy for the Building or the Demised Premises (as it may be amended), and do not affect any part of the Building other than the Demised Premises or require any alterations to be performed in or made to any portion of the Premises without Building or the Land other than the Demised Premises. If Tenant desires to make a structural alterations or one that impacts the Building Systems, it must submit to Landlord detailed plans thereof and obtain Landlord’s prior written consentconsent and approval, except which consent shall not be unreasonably withheld, conditioned or delayed; if Landlord consents, such alterations shall also be considered Tenant’s Alterations for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior all purposes of the Premises. All Alterations installed by Tenant shall be new or completely reconditionedthis Lease. Landlord shall have the right may, as a condition to approve the contractorpermitting a structural Tenant Alteration, the method require that upon termination of payment of the contractorthis Lease, and the plans and specifications for all proposed Alterations. Tenant shall obtain shall, on Landlord’s consent request, restore the Demised Premises to all proposed Alterations requiring Landlord’s consent their condition prior to the commencement making of any “specialty items” of Tenant Alterations of which notice designating such Alterations. Tenant’s alteration as a specialty item shall have been given by Landlord to Tenant upon the request for consent approval thereof. For purposes of this Lease, “specialty items” shall mean improvement to the Demised Premises that will not, in Landlord’s reasonable judgment, be accompanied useable by information identifying the contractor and method of payment and two (2) copies subsequent tenants of the proposed plans and specifications. All Alterations of whatever kind and nature Demised Premises but shall become at once a part not include any of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant work performed pursuant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 206.
Appears in 2 contracts
Samples: Lease Agreement (Clipper Realty Inc.), Lease Agreement (Clipper Realty Inc.)
Alterations by Tenant. Tenant shall will not make any change in, or addition to, the Landlord’s Property without first obtaining, on each occasion, Landlord’s consent in writing, which consent shall not be unreasonably withheld, conditioned or delayed (if Landlord does not respond to such request for consent within five (5) business days of receiving the same then Landlord shall have been deemed to have not consented to such matter), and then only at Tenant’s expense, and in a lawful manner subject to (a) maintenance of insurance in form and substance satisfactory to Landlord and (b) compliance with Sections 7.9 and 7.11; provided that Tenant may, upon prior written notice to, but without the requirement of consent of, Landlord, make alterations which are purely cosmetic in nature, such as paint, wallcovering, carpeting and the like, regardless of cost (“Permitted Alterations”). Any such alteration or addition shall be consistent with the Permitted Use and shall be made only after duly obtaining (and providing to Landlord copies of) all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such proposed alterations or additions and detailed plans and specifications. The contractor(s) performing the work other than Permitted Alterations shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed and if Landlord does not respond to such request for consent within five (5) days of receiving the same then Landlord shall have been deemed to have consented to such matter. All approved repairs, installations, alterations, additions or other improvements made by Tenant shall be made in a good and workmanlike manner and in accordance with Legal Requirements and any plans and specifications approved by the Landlord, if applicable. Tenant agrees not to construct or permit the installation of partitions and/or other obstructions in the Premises which might interfere with Landlord’s free access to the Premises or Building, or impede the free flow of air to and from air vents and other portions of the HVAC systems in the Building. Except as herein otherwise provided, all installations, alterations, additions or improvements (“Alterations”) in or to the Premises without Landlord’s prior written consentshall become the property of Landlord and shall remain upon, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractorsurrendered with, the method of payment of Premises at the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination end of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes Term or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier sooner termination of this Lease as provided in Article 20Lease.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Summer Infant, Inc.), Lease Agreement (Summer Infant, Inc.)
Alterations by Tenant. Subject to the prior written consent of Landlord, which shall not be unreasonably withheld, Tenant at Tenant's expense, may make alterations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and Initials: [ /s/ ] [ /s/ ] Landlord Tenant electric lines, in or to the interior of the Leased Premises. All alternations, improvements or additions shall remain upon the Leased Premises at the expiration of this Lease and become the property of Landlord unless Landlord shall, prior to such expiration or termination, have given Tenant not less than fifteen (15) days prior written notice to remove the same, in which event Tenant shall not make at its expense forthwith remove such alterations, improvements and additions. Tenant may remove any of its trade fixtures installed at its expense. Upon removal of any trade fixtures from the premises or upon removal of any alterations, additions or improvements (“Alterations”) as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Leased Premises to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent condition existing prior to installation and repair any damage to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Leased Premises or the Building (including without limitation any previously-installed Alterations), due to such removal. Tenant shall promptly commence be responsible to pay all costs associated with any alteration, construction or reconstruction of the Leased Premises required by any governmental authority in order to comply with the provisions of the Americans with Disability Act of 1990 provided said alterations, construction or reconstruction is caused by Tenant's occupancy. All property permitted or required to be removed by Tenant at the end of the term remaining in the Leased Premises after Tenant's removal shall be deemed abandoned and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do somay, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to providecarry and shall cause Tenant's contractors and sub-contractors to carry such workman's compensation, at Tenant’s expensegeneral liaxxxxxx, a policy xersonal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the Leased Premises, or the Building of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove which the same upon expiration forms a part for work claimed to have been done for, or earlier termination of materials furnished to Tenant whether or not pursuant to this Lease as provided in Article 20Section, the same shall be discharged or bonded by Tenant within ten (10) days thereafter. Failure to discharge or bond any such lien shall constitute a default hereunder.
Appears in 2 contracts
Samples: Office Lease Agreement (Bay National Corp), Office Lease Agreement (Bay National Corp)
Alterations by Tenant. (a) Except as otherwise provided in Subsection (b) below, after completion of the Premises Improvements, Tenant shall not make any subsequent alterations, additions or improvements in, on or to the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, but which may be subject to such reasonable conditions as Landlord may deem appropriate in the exercise of its reasonable discretion. Tenant shall submit complete sets of final plans and specifications for all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant's sole cost and expense. Tenant shall notify Landlord prior to the commencement of any such work of the contractors Tenant desires to perform the work. Landlord shall have the right to approve or disapprove in advance all contractors to be retained by Tenant for such work. Upon completion of such work, Landlord shall promptly be provided with complete "as built" drawings and specifications for all alterations and additions made by Tenant. Tenant shall secure any and all governmental permits, approvals or authorizations required in connection with any such work. All alterations, additions and improvements (expressly including without limitation all light fixtures and floor coverings but expressly excluding any inventory, furniture and other personal property which does not become a part of the Leased Premises) unless disclaimed by Landlord shall immediately become the property of Landlord without any obligation to pay therefor. Upon the expiration or sooner termination of the term hereof, Tenant shall, upon written demand by Landlord and, at Tenant's sole cost and expense, forthwith remove any alterations, additions or improvements (“Alterations”) made by Tenant designated by Landlord to be removed, and Tenant shall forthwith at its sole cost and expense repair any damage to the Leased Premises without caused by such removal. Tenant's obligations hereunder shall survive the expiration or any earlier termination of this Lease.
(b) As long as Tenant provides at least ten (10) days' prior notice thereof, Landlord’s prior written consent's consent shall not be required for the following alterations, except for nonstructural Alterations additions or improvements to the Leased Premises: (a) alterations, additions or improvements that cost no more than $5,000 200,000 in any consecutive twelve (12) month period, that do not involve or less and affect any of the structural elements or building systems of the Leased Premises of Building, are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method Leased Premises of payment any of the contractorCommon Areas, and do not interfere with the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies operation of the proposed plans Building or the provision of services or utilities to other tenants in the Building and specifications. All Alterations of whatever kind are otherwise appropriate for a first class office building and nature shall become provided Tenant agrees to remove the alterations, additions or improvements at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination end of the Lease TermTerm if so requested by Landlord and (b) alterations, unless Landlord requires Tenant to remove the same addition or improvements made as part of Floors 4, 5 and 6, provided in Article 20. If Tenant demolishes such alterations, additions or removes improvements do not involve or affect any then-existing tenant improvements or other portions of the structural elements or building systems of the Leased Premises or Building, are not visible from the exterior of the Leased Premises of any of the Common Areas, do not interfere with the operation of the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue or the provision of services or utilities to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and other tenants in the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, provided Tenant agrees to provideremove such alterations, additions or improvements at Tenant’s expense, a policy the end of insurance covering loss or damage to Alterations made the Lease Term if so requested by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 2 contracts
Samples: Office Lease (Eddie Bauer Holdings, Inc.), Office Lease (Eddie Bauer Holdings, Inc.)
Alterations by Tenant. (a) Tenant shall not make or allow to be made (except as otherwise specifically provided in this Lease) any alterations or physical additions (including fixtures) to be made in or to the Leased Premises, or place safes, vaults or other heavy furniture or equipment within the Leased Premises, without first obtaining the written consent of Landlord. Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications for all alterations or physical additions made with the approval of Landlord in or to the Leased Premises. Tenant agrees specifically that no food, soft drink or other vending machine will be installed within the Leased Premises without the written consent of Landlord. Landlord shall retain the right to monitor the performance of any alterations or additions to the Leased Premises after the plans and specifications for same have been approved by Landlord.
(b) All alterations, physical additions or improvements in or to the Leased Premises (including fixtures) shall, when made, become the property of Landlord and shall be surrendered to Landlord upon termination of this Lease; provided, however, this clause shall not apply to movable trade fixtures, equipment or furniture owned by Tenant as long as Tenant restores the Leased Premises to its initial improved condition after the removal of any such property by Tenant.
(c) Tenant shall indemnify and hold harmless Landlord from and against all costs (including attorneys’ fees and costs of suit), losses, liabilities or causes of action arising out of or relating to any alterations, additions or improvements (“Alterations”) made by Tenant to the Premises without LandlordLeased Premises, including, but not limited to, any mechanic’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior materialmen’s liens asserted in connection therewith.
(d) Should any mechanic’s or other lien or liens be filed against any portion of the Premises. All Alterations installed Building by reason of Tenant’s acts or omissions or because of a claim against Tenant, Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove cause the same as provided in Article 20to be canceled or discharged of record by bond or otherwise within ten (10) days after notice by Landlord. If Tenant demolishes shall fail to cancel or removes any thendischarge said lien or liens within said ten-existing tenant improvements day period, Landlord may, at its sole option, cancel or other portions of discharge the Premises or the Building (including without limitation any previously-installed Alterations)same and, upon Landlord’s demand, Tenant shall promptly commence and diligently pursue to completion reimburse Landlord for all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to costs incurred in canceling or discharging such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20liens.
Appears in 2 contracts
Samples: Office Lease Agreement (Wintegra Inc), Lease Agreement (Wintegra Inc)
Alterations by Tenant. (a) Tenant shall not may from time to time at its own expense make any alterationschanges, additions and improvements to the Premises (individually or improvements (collectively referred to as “Alterations”), provided that any such Alterations (i) to will comply with all applicable Laws; (ii) will be made only with the Premises without Landlord’s prior written consentconsent of Landlord, except for nonstructural Alterations that which consent will not be unreasonably withheld, conditioned or delayed; (iii) will be carried out only by persons selected by Tenant and approved in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed; (iv) do not materially adversely affect the integrity of the Building’s structure or exceed or materially adversely affect the capacity, maintenance, or operating cost $5,000 of the Building’s HVAC, plumbing, mechanical, electrical, life safety, communications or less other systems; (v) if required, is approved by the holder of any Encumbrance; and are (vi) does not visible from alter the appearance of the exterior of the Premises. All Alterations installed by Building in any material way.
(b) Notwithstanding the foregoing, Tenant shall not be new required to obtain Landlord’s prior consent (but Tenant will provide to Landlord five (5) days prior written notice, together with copies of any related plans that are in fact prepared and all necessary permits required by applicable Law)
(i) for repainting, or completely reconditioned. installing or removing floor coverings or wall coverings, regardless of the total cost with respect thereto, or (ii) for other tenant improvements, alterations or physical additions to the Premises that total less than Fifty Thousand and No/100 Dollars ($50,000) in any single instance, so long as the installation thereof does not materially adversely affect the Building’s structure, or materially adversely affect the Building’s electrical, plumbing, HVAC, life safety or mechanical systems or the exterior appearance of the Building.
(c) If Landlord consent is required with respect to any Alterations proposed by Tenant, Landlord shall have the right to approve the contractor, the method notify Tenant in writing of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all or disapproval of the proposed Alterations requiring Landlord’s consent prior to the commencement within ten (10) days after receipt of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies consent. If Landlord notifies Tenant that Landlord disapproves of the proposed plans and specifications. All Alterations of whatever kind and nature Alterations, Landlord’s notice shall become at once include a part detailed explanation of the realty and reasons for such disapproval, which shall be surrendered with limited to those set forth in Section 9.1(a). In the Premises upon event Landlord fails to so notify Tenant within such ten (10) day period, Landlord shall be deemed to have given its consent to the proposed Alterations. If requested by Tenant in writing at the time Tenant requests Landlord’s approval for an Alteration, Landlord shall notify Tenant at the time Landlord responds to Tenant’s request whether Landlord will require Tenant to remove the proposed Alterations at the expiration or earlier termination of the Lease Term. In addition, unless in connection with any proposed Alterations as to which Landlord’s consent is not required hereunder, Landlord requires shall, if Tenant so requests, notify Tenant in writing, within ten (10) days after Tenant’s request (so long as such request contains a reasonable description of such Alterations), whether Landlord will require Tenant to remove the same as provided in Article 20. If Tenant demolishes all or removes any then-existing tenant improvements or other portions part of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all proposed Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease the Term.
(d) For any alterations, Tenant shall provide Landlord at least five (5) days written notice before any work is commenced, which notice shall state the date work shall commence. Tenant will maintain, or will cause the persons performing any such work to maintain, worker’s compensation insurance and public liability and property damage insurance (with Landlord named as provided an additional insured), in Article 20amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant will promptly pay, when due, the cost of all such work and, upon completion, Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment for labor, services or materials. Tenant will also pay any increases in fire or casualty insurance premiums for the Building attributable to such Alterations and the cost of any modifications to the Building outside the Premises that are required to be made in order to make the Alterations to the Premises. Tenant, at its expense, will have submitted to Landlord reproducible as-built plans of any such Alterations upon its completion.
Appears in 2 contracts
Samples: Lease Agreement (Adept Technology Inc), Lease Agreement (Adept Technology Inc)
Alterations by Tenant. Tenant shall not make any alterations, additions additions, or improvements (“Alterations”) to the Premises without the written consent of Landlord. The kinds of alterations, additions or improvements referred to are those, which are of a more or less permanent nature, such as new floors, partitions, wallpaper and paneling. If consent of Landlord is given, then any or all such alterations, additions or improvements, may, if Landlord wishes, become the property of Landlord at the end of the term of the Lease. However, if Landlord wishes, Landlord may require Tenant to remove any or all of such alterations, additions or improvements at the end of the term of the Lease and restore the Premises to the condition it was in when the term of this Lease began fair wear and tear excepted. If initialed by Landlord here , Tenant has Landlord’s prior express written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from permission to paint the exterior walls of the Premisesinterior of the premises. All Alterations installed by However, Tenant shall be new or completely reconditioned. Landlord shall have required to return the right walls to approve their original condition by painting the contractor, walls to the method of payment same color as at the start of the contractor, and Lease by the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination last day of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions does not repaint the walls to the same color as at the start of the Premises or Lease upon vacating the Building (including without limitation any previously-installed Alterations)premises, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, be liable for Landlord’s expenses reasonably incurred for repainting the walls the same color as at the election start of the Lease, which includes at Landlord’s option, hiring painters to paint the walls, along with the cost of any paint and paint supplies reasonable and necessary. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming If Landlord and Tenant initial here: (Landlord’s property manager ) (if anyTenant), then Landlord and Tenant intend and agree there is an Addendum (“Addendum”) attached and incorporated into this Lease outlining customization options or restrictions in greater detail, and both Landlord and Tenant agree to be bound to the terms and conditions contained in the Addendum as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination Terms of this Lease as provided in Article 20Agreement.
Appears in 2 contracts
Samples: Residential Lease Agreement, Residential Lease Agreement
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 not to be unreasonably withheld or less and are not visible from the exterior of the Premisesdelayed. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, which consent shall not be unreasonably withheld or delayed, and the plans and specifications for all proposed AlterationsAlterations shall be provided to Landlord reasonably in advance of the proposed commencement of the Alterations for approval, which consent shall not be unreasonably withheld or delayed. Tenant shall obtain Landlord’s 's consent to all proposed Alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations, which consent shall not be unreasonably withheld or delayed. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements Tenant Improvements or other portions of the Premises or the Building Project (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. , Tenant shall restore the Premises and the Building Project to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s 's expense, a policy of insurance covering loss or damage to any Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. Except as may be incident to the discharge of its duties or the exercise of its rights under Sections 7, 11, or 14.3 (or elsewhere under this Lease), Tenant shall not make any alterations, additions installations, additions, replacements or improvements (collectively, “Alterations”, including Alterations made pursuant to the Landlord Cost Item Budget) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements FF&E or other portions of the Premises which adversely affect the Major Systems or the structural components of the Building without first obtaining Landlord’s written consent (including without limitation any previously-installed Alterationswhich consent Landlord shall not unreasonably withhold or delay), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant Landlord fails to respond to Tenant’s notice within ten (10) business days after Tenant’s request (which request shall include copies of plans and specifications and other reasonable backup materials for such Alteration), Landlord shall be deemed to have consented to such Alteration. Tenant may, without Landlord’s consent, make any Alterations (including, without limitation, the installation or replacement of any FF&E) that do sonot adversely affect the Major Systems or structural components of the Building. Notwithstanding anything to the contrary contained in this Lease, but subject to the provisions of Section 6.2 (Title to Improvements), if any such Alterations are Removable Alterations, Landlord may require Tenant at the end of the Term to remove such Removable Alterations and either (i) restore the affected portions of the Premises resulting from such removal with items comparable to those existing prior to the installation of such Removable Alterations, or (ii) replace such Removable Alterations with new items that are in accordance with the ASOT Standards. Landlord shall notify Tenant whether Landlord will require any such Removable Alterations to be removed at least sixty (60) days prior to the Termination Date (or, if sooner, within ten (10) business days after request for such determination is made by Tenant to Landlord), and if Landlord fails to timely notify Tenant of such removal requirement, Landlord shall be deemed to have waived such requirement. If Landlord timely notifies Tenant of such removal requirement, Tenant shall be entitled to elect which of the foregoing alternatives in clauses (i) and (ii) it will undertake, unless the cost to install new items consistent with the ASOT Standards is the same or less than the cost of restoring items to a condition comparable to what had previously existed, in which case, Landlord may compel Tenant to replace these items with such new items that are consistent with the ASOT Standards. To the extent the work Tenant is required to perform in connection with the foregoing can only be performed as Units are vacated, upon the expiration of the Term, Tenant shall pay to Landlord, as additional Rent hereunder, the reasonable out-of-pocket cost (exclusive of any internal handling costs, fees or overhead cost allocations) to execute such work in all Leased Conventional Units that cannot be completed prior to the expiration of the Term because the Leased Conventional Units are not vacant and Landlord will complete the subject work as such Leased Conventional Units become available for such work. Notwithstanding anything to the contrary in the foregoing, at the election end of Landlord. the Term Tenant shall not be obligated to remove and replace or restore any Removable Alterations in what become the Premises Retained Corporate Units, as provided for in Article 19 (Termination or Expiration of Term; Retained Corporate Units), so long as OCH and Landlord enter into the Building to its condition Master OCH Agreement and state of Improvement Retained Corporate Leases for such Retained Corporate Units. In such event, (A) prior to such demolition or removal. During the Lease expiration of the Term, Tenant agrees and Landlord shall memorialize in a written agreement each such item of Removable Alterations in the Retained Corporate Units, and whether such item is to providebe removed and restored or removed and replaced in accordance with the foregoing provisions, and (B) OCH shall assume the obligations of Tenant to remove and restore or replace, as applicable, any such Removable Alterations upon the expiration or termination of the applicable Retained Corporate Leases. Except for Alterations that are Landlord Cost Items, any Alterations shall be made at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by cost. Landlord shall reasonably cooperate with Tenant, at no cost to Landlord, in securing building and other permits and authorizations needed in connection with any Alterations. Neither Landlord nor Tenant shall be entitled to any construction or other administrative fee in connection with any Alterations. Except as provided above in this Section 6.1, Tenant shall not be required to remove any Alterations upon the expiration or sooner termination of this Lease. If Landlord consents to an amount adequate Alteration, Tenant shall furnish or cause its contractor to repair or replace furnish Landlord with builder’s risk insurance against liabilities thereunder that may arise out of the sameAlteration. All Alterations shall be performed in accordance with the terms of Section 7.3 (Performance of Alterations, naming Landlord Cost Items and Landlord’s property manager (if anyTenant Repair Items) as additional insuredsbelow. ProvidedIn no event, however, will any alterations, installations, additions, replacements or improvements made by Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination to any of Tenant’s Personal Property be deemed an “Alteration” for purposes of this Lease as provided in Article 20(all of which Tenant may perform at its expense) but rather, all of Tenant’s Personal Property and any alterations, installations, additions, replacements or improvements thereto, shall remain Tenant’s Personal Property.
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Alterations by Tenant. Except for those alterations, additions and improvements specifically provided for in Exhibit “D” to this Lease, Tenant shall not make any alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 10,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. , Tenant shall restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant Xxxxxx agrees to provide, at TenantXxxxxx’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and LandlordXxxxxxxx’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Standard Industrial Net Lease (CardioVascular BioTherapeutics, Inc.)
Alterations by Tenant. Tenant shall not make any alterations, --------------------- additions or improvements (“Alterations”) in or to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. first submitting to Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the professionally-prepared plans and specifications for such work and obtaining Landlord's prior written approval thereof. Tenant covenants that it will cause all proposed Alterationssuch alterations, additions and improvements to be performed at Tenant's sole cost and expense by Landlord or a contractor approved by Landlord and in a manner which: (a) is consistent with the Landlord-approved plans and specifications and any conditions imposed by Landlord in connection therewith; (b) is in conformity with commercial standards; (c) includes acceptable insurance coverage for Landlord's benefit; (d) does not affect the structural integrity of the Building; (e) does not disrupt the business or operations of adjoining tenants; and (f) does not invalidate or otherwise affect the construction and systems warranties then in effect with respect to the Park. With respect to any alterations, additions and improvements made by Landlord for Tenant, Tenant shall pay Landlord a supervision fee which shall be in an amount comparable to the fee a third party contractor would charge in connection with a comparable project. Tenant shall obtain Landlord’s consent to secure all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterationsgovernmental permits and approvals, as well as comply with all other applicable governmental requirements and restrictions. Tenant’s request for consent All alterations, additions and improvements (expressly including all light fixtures, heating, ventilation and air conditioning units and floor coverings) shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s 's property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon until expiration or earlier termination of this Lease, and Tenant shall be entitled to all depreciation, amortization or other fee benefits related thereto during the Lease as provided term; upon expiration or sooner termination of the Lease term such items shall immediately become the property of Landlord without any obligation on its part to pay therefor. Tenant shall remove such improvements on the termination of this Lease unless otherwise directed by Landlord at the time Landlord approves such improvements. All trade fixtures, appliances, equipment not affixed to the Premises and other personal property of Tenant shall remain Tenant's property, and Tenant shall be entitled to all depreciation thereto. Landlord shall respond to Tenant in Article 20writing of its approval or disapproval of any proposed alteration under this paragraph with fifteen (15) days following Tenant's written request for approval.
Appears in 1 contract
Samples: Lease (Homegrocer Com Inc)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant Xxxxxx agrees to provide, at Tenant’s Xxxxxx's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Standard Industrial Gross Lease (Scripps Financial Corp)
Alterations by Tenant. Except for the Tenant’s Work (as defined in Exhibit “I” attached hereto), Tenant shall not make any alterations, additions additions, improvements or improvements other changes in or to the Premises (“Alterations”) ), without Landlord’s prior written consent (such consent not to be unreasonably withheld, conditioned or delayed); provided, however, that if the proposed Alterations will adversely affect the exterior or structural components of the Building, or the Building Systems (including, but not limited to, the electric, HVAC, plumbing, telecommunication and security systems), Landlord may withhold its consent to such Alterations in Landlord’s sole discretion. Without limitation, it shall not be unreasonable for Landlord to withhold its consent to any Alterations which would impose on Landlord any special maintenance, repair or replacement obligations not within the scope of those expressly provided for herein, unless Tenant agrees, at the time of its request for approval or notice of such Alterations, to pay all costs associated with Landlord’s meeting the additional obligations. Prior to the expiration or earlier termination of this Lease, Tenant shall remove any Alterations designated by Landlord in accordance with Section 9.4 herein, provided, however, other than Specialty Items, Tenant shall not be required to remove the Tenant’s Work prior to the expiration or earlier termination of this Lease. All Alterations shall be subject to the provisions of Sections 9.2, 9.3 and 9.4 below. Notwithstanding anything to the contrary contained herein, Tenant may perform alterations to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 but upon thirty (30) days prior written notice to Landlord, provided such alteration (or less and are performance thereof) does not visible from (i) adversely affect the exterior Building Systems, (ii) affect the structural components of the Premises. All Alterations installed by Building, (iii) require the issuance of a building permit, or (iv) have a cost, in each instance, of $100,000.00 or more (collectively, “Cosmetic Alterations”), provided that Tenant shall be new or completely reconditioned. give Landlord shall have the right to approve the contractor, the method prior written notice of payment of the contractor, and the plans and specifications for all proposed such Cosmetic Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Lease Agreement (Repligen Corp)
Alterations by Tenant. (a) Tenant may make such Permitted Alterations (as hereinafter defined) to the Leased Premises as it shall from time to time elect to make. Tenant shall notify Landlord in writing prior to making any Permitted Alterations but Landlord's approval thereof shall not be required if such Permitted Alterations are non-structural in nature, have an aggregate cost that is less than $10000 and am not visible from the Common Building Facilities or exterior of the Leased Premises. The following shall be deemed to be Permitted Alterations:
(i) Erection, demolition or alteration of non-load bearing partitions and hung ceiling, including lighting fixtures.
(ii) Painting, decorating and installation of wall and floor coverings. Except for Permitted Alterations, Tenant shall make any no alterations, installations, additions or improvements (“Alterations”) in or to the Leased Premises or any alteration to the mechanical systems of the Building or Leased Premises, including, but not limited to the plumbing and air-conditioning systems of the Building or any part thereof or to other Building apparatus of other or like nature without Landlord’s Landlords prior written consentconsent (any such alteration, except for nonstructural Alterations installation, addition or improvement as to which Landlord's approval is required being hereinafter referred to as a "Tenant's Change"). Tenant's relocation of movable modular office partitions shall not be considered an alteration. Landlord agrees that cost $5,000 Landlord will not unreasonably withhold or less and are delay Landlord's consent to Tenant's Changes provided that such Tenant's Changes:
(i) do not visible from materially adversely affect the exterior structural elements of the PremisesBuilding;
(ii) do not materially adversely affect the plumbing, electrical and HVAC systems of the Building; and
(iii) do not materially adversely affect the outside appearance of the Building.
(iv) do not materially adversely affect the rental or capital value of the Building and/or Executive Park. Landlord may condition Landlord's approval with respect to any Tenant's Changes on Tenant's agreement to remove such Tenant's Change and restore the portion of the Leased Premises affected thereby to the condition existing as of the Term Commencement Date.
(b) Insurance requirements relating to Tenant alterations and installations are as set forth in Article Twenty-Seven.
(c) All Alterations installed alterations or additions made by Tenant in the Leased Premises shall be new constructed and completed in a good and workmanlike manner at Tenant's expense by contractors approved by Landlord, such approval not to be unreasonably withheld or completely reconditioneddelayed. Tenant shall obtain all necessary governmental permits, licenses and approvals and shall comply with all Applicable Laws. Landlord shall. at Tenant cost and expense cooperate with Tenant in connection with Tenant's procurement of such permits, licenses and approvals and, to the extent legally required, promptly execute (in Landlord's name) any and all governmental applications in connection with Tenant's work, provided that in no event shall Landlord be obligated to make any expenditures by reason of the foregoing. Tenant shall pay to Landlord, as additional rent for services to be performed by Landlord in connection with Permitted Alterations and Tenant's Changes (other than Tenant's initial build-out), Landlord's reasonable charges therefor not to exceed ten (10%) percent of the total cost of Tenant's Changes.
(d) The quality of any Permitted Alterations or Tenant's Changes shall be consistent with tenant installations typically found in first class office parks. Landlord shall have the right to approve the contractor, the method conduct reasonable inspections (during Building Hours) of payment any construction undertaken by or on behalf of the contractor, and the Tenant to ensure reasonably satisfactory quality. Tenant shall deliver to Landlord a complete set of "as-built" plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement promptly following completion of any such Alterations. Permitted Alterations or Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20's Changes.
Appears in 1 contract
Alterations by Tenant. 9.1 After completion of the Tenant Improvement Work, Tenant shall not make or permit any alterations to the Building Systems, and shall not make or permit any alterations, installations, additions or improvements improvements, structural or otherwise (“Alterations”herein individually called an "ALTERATION" and collectively called "ALTERATIONS") in or to the Premises or the Building without Landlord’s 's prior written consent, except for nonstructural which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Landlord's consent shall not be required in the case of interior, non-structural Alterations that the total cost of which does not exceed Seventy-Five Thousand Dollars ($5,000 or less and are not visible from the exterior of the Premises75,000). All Alterations installed shall be done at Tenant's expense, in accordance with any design guidelines established by Landlord and plans and specifications approved by Landlord (unless Landlord approval is not required, in which case Tenant shall provide Landlord in advance with all plans and specifications and other information describing in detail the work to be performed), and subject to all other conditions which Landlord may in its reasonable discretion impose. Landlord may condition its consent to any proposed Alteration requiring Landlord's consent on Tenant's agreement to remove such Alteration and to restore the Building to its condition prior to the making of the Alteration on or before the Termination Date. Tenant shall be new solely responsible for obtaining at its sole cost and expense, all permits and approvals required for any Alterations. Tenant shall pay to Landlord upon demand Landlord's reasonable out-of-pocket costs incurred in reviewing plans and specifications and otherwise in connection with Landlord's review of any Alterations requiring Landlord's approval.
9.2 The following provisions of this Section 9.2 shall apply only to Alterations requiring Landlord's approval:
(a) Prior to entering into a contract for such Alterations, Tenant shall obtain Landlord's written approval, which approval shall not be unreasonably withheld, of the identity of each of the design architect and the general contractor.
(b) Before commencing the construction of any such Alterations, Tenant shall procure or completely reconditionedcause to be procured the insurance coverage described below in the limits hereinafter provided, and provide Landlord with certificates of such insurance in form reasonably satisfactory to Landlord. All such insurance shall comply with the following requirements of this Section 9.2(b) and Article 21.
(i) During the course of construction, to the extent not covered by property insurance maintained by Tenant pursuant to Article 21, comprehensive "all risk" builder's risk insurance, including vandalism and malicious mischief, excluding earthquake and flood, covering all improvements in place on the Premises, all materials and equipment stored at the site and furnished under contract, and all materials and equipment that are in the process of fabrication at the premises of any third party or that have been placed in due course of transit to the Premises when such fabrication or transit is at the risk of, or when title to or an insurable interest in such materials or equipment has passed to, Tenant or its construction manager, contractors or subcontractors (excluding any contractors', subcontractors' and construction managers' tools and equipment, and property owned by the employees of the construction manager, any 15 contractor or any subcontractor), such insurance to be written on a completed value basis in an amount not less than the full estimated replacement value of Alterations.
(ii) Comprehensive liability insurance covering Tenant, Landlord and each construction manager, contractor and subcontractor engaged in any work on the Premises, which insurance may be effected by endorsement, if obtainable, on the policy required to be carried pursuant to Article 21, including insurance for completed operations, elevators, owner's, construction manager's and contractor's protective liability, products completed operations for three (3) years after the date of acceptance of the work by Tenant, broad form blanket contractual liability, broad form property damage and full form personal injury (including but not limited to bodily injury), covering the performance of all work at or from the Premises by Tenant, its construction manager, contractors and subcontractors, and in a liability amount not less than the amount at the time carried by prudent owners of comparable construction projects in the Santa Clarx xxxley, but in any event not less than Two Million Dollars ($2,000,000) combined single limit, which policy shall contain a cross-liability clause or separation of insureds provision and an endorsement deleting the property damage exclusion as to explosion, underground, and collapse hazards, and shall include thereunder for the mutual benefit of Landlord and Tenant, bodily injury liability and property damage liability automobile insurance on any non-owned, hired or leased automotive equipment used in the construction of any work.
(iii) Workers' Compensation Insurance, or self insurance approved by the State of California, in the amounts and coverages required under workers' compensation, disability and similar employee benefit laws applicable to the Premises, and Employer's Liability Insurance with limits not less than One Million Dollars ($ 1,000,000) or such higher amounts as may be required by law.
9.3 The following provisions of this Section 9.3 shall apply to all Alterations:
(a) All construction and other work in connection with any Alterations shall be done at Tenant's sole cost and expense and in a prudent and first class manner. Tenant shall construct the Alterations in strict accordance with all Applicable Laws, and with plans and specifications that are in accordance with the provisions of this Article 9 and all other provisions of this Lease. Alterations shall be at least equal in quality to the Initial Improvements as initially constructed.
(b) Prior to the commencement of any construction, alteration, addition, improvements, repair or landscaping in excess of Ten Thousand Dollars ($10,000), Landlord shall have the right to approve post in a conspicuous location on the contractorPremises as well as to record with the County of Santa Clarx, the method x Notice of payment of the contractor, and the plans and specifications for all proposed AlterationsLandlord's Nonresponsibility. Tenant shall obtain Landlord’s consent covenants and agrees to all proposed Alterations requiring Landlord’s consent give Landlord at least ten (10) days prior to written notice of the commencement of any such Alterationsconstruction, alteration, addition, improvement, repair or landscaping in order that Landlord shall have sufficient time to post such notice.
(c) Tenant shall take all necessary safety precautions during any construction.
(d) Tenant shall prepare and maintain (i) on a current basis during construction, annotated plans and specifications showing clearly all changes, revisions and substitutions during construction, and (ii) upon completion of construction, as-built drawings showing clearly all changes, revisions and substitutions during construction, including, without limitation, field changes and the final location of all mechanical equipment, utility lines, ducts, outlets, structural members, walls, partitions and other 16 significant features. Tenant’s request for consent These as-built drawings and annotated plans and specifications shall be accompanied kept at the Premises and Tenant shall update them as often as necessary to keep them current. The as-built drawings and annotated plans and specifications shall be made available for copying and inspection by information identifying Landlord at all reasonable times.
(e) Upon completion of the contractor construction of any Alterations in excess of Ten Thousand Dollars ($10,000) during the Term, Tenant shall file for recordation, or cause to be filed for recordation, a notice of completion and method shall deliver to Landlord evidence satisfactory to Landlord of payment of all costs, expenses, liabilities and two liens arising out of or in any way connected with such construction (2) copies of except for liens that are contested in the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same manner provided herein).
9.4 Except as provided in Article 20. If Tenant demolishes Section 9.5, all appurtenances, fixtures, improvements, equipment, additions and other property attached to or removes any then-existing tenant improvements installed in the Premises at the commencement of or other portions during the Term, whether temporary or permanent in nature, shall immediately be and remain the property of Landlord and at the end of the Premises or the Building (including without limitation any previously-installed Alterations)Term, Tenant shall promptly commence all such appurtenances, fixtures, improvements, equipment, additions and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do soproperty shall, at the election of Landlord. Tenant shall restore 's option, either remain on the Premises and the Building without compensation to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, or be removed in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance accordance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Section 9.
Appears in 1 contract
Samples: Lease (Incyte Pharmaceuticals Inc)
Alterations by Tenant. Tenant shall not make or allow to be made any alterations, additions or improvements (“hereinafter referred to as "Alterations”") to or of the Premises or any part thereof without first obtaining the written consent of Landlord’s prior written consent. All Alterations to or of the Premises, except for nonstructural Alterations that cost $5,000 or less including, but not limited to, carpet, wallcovering, paneling and are not visible from built-in cabinet work, but excepting movable furniture and trade fixtures, shall become the exterior property of Landlord and shall be surrendered with the Premises. All Alterations installed to or of the Premises by Tenant, shall be at Tenant's sole cost and expense. All Alterations under this Section 2.01 shall be performed in a good and workmanlike manner, shall be at least equal in quality, utility and usefulness to the original work, shall be of the first class, modern character, and shall not diminish the overall value of the Building. Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the submit detailed plans and specifications to Landlord for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent approval prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations shall be done by contractors and/or mechanics approved by Landlord. All Alterations shall, upon installation, become the property of whatever kind and nature shall become at once a part of the realty Landlord and shall remain upon and be surrendered with the Premises upon expiration or earlier termination of the Lease TermPremises, unless Tenant by notice to Landlord requires Tenant no later than thirty (30) days prior to the Termination Date or any renewal or extension thereof requests Landlord's consent to remove the same as provided in Article 20same. If Landlord so consents, the same shall be removed from the Premises by Tenant demolishes prior to the Termination Date or removes at the end of any then-renewal or extension at Tenant's sole expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures or moveable office furniture and equipment, but upon removal of any such from the Premises or upon removal of any other installation as may be permitted by Landlord, Tenant shall immediately and at its expense, repair and restore the Premises to the condition existing tenant improvements or other portions of prior to such removal. Tenant shall repair any damage to the Premises or the Building (including without limitation incurred during such removal. All property permitted or required to be removed by Tenant at the end of the Term or any previously-installed Alterations), Tenant renewal or extension remaining on the Premises after the Termination Date or the renewal or extension thereof shall promptly commence be deemed abandoned and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do somay, at the election of Landlord. Tenant shall restore , either be retained as Landlord's property or may be removed from the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, by Landlord at Tenant’s 's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. After the completion of the improvements to be made to the Premises by Tenant pursuant to Exhibit C attached, Tenant shall not not, make any alterations, additions or improvements (“Alterations”) to in or to, the Premises without first obtaining Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractorapproval, and the plans and specifications for all proposed Alterations. Tenant shall obtain if required by Landlord’s consent , submitting to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed Landlord professionally prepared plans and specifications. All Alterations of whatever kind Tenant covenants it will cause all such alterations, additions and nature shall become improvements to be performed at once Tenant's sole cost and expense by a part contractor reasonably acceptable to Landlord and in a manner which: (a) is consistent with any Landlord-approved plans and specifications and any reasonable conditions imposed by Landlord; (b) is in conformity with first class commercial standards; (c) includes acceptable insurance coverage for Landlord's benefit; (d) does not affect the structural integrity of the realty Building or the Building's systems (e) does not disrupt the business or operations of other tenants; and (f) does not invalidate or otherwise affect the construction and systems warranties then in effect with respect to the Building. Tenant shall be surrendered secure all governmental permits and approvals and comply with the Premises upon expiration or earlier termination of the Lease Termall other applicable governmental requirements and restrictions, unless and reimburse Landlord requires Tenant to remove the same for all expenses incurred in connection therewith. Except as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations)Section 14 with regard to concurrent negligence, Tenant shall promptly commence indemnify, defend and diligently pursue hold Landlord harmless from and against all losses, liabilities, damages, liens, costs, penalties and expenses (including attorneys' fees, but without waiver of the duty to completion hold harmless) arising from or out of the performance of such alterations, additions and improvements, including, but not limited to, all Alterations then underway; providedwhich arise from or out of Tenant's breach of its obligations under terms of this Section 11. All alterations, howeveradditions and improvements (expressly including all light fixtures, that if Tenant fails heating, ventilation and air conditioning units and floor, window and wall coverings), except Tenant's moveable trade fixtures and appliances and equipment not affixed to do sothe Premises, at shall immediately become the election property of Landlord without any obligation on its part to pay therefor. These improvements remain Landlord. 's and Tenant shall restore not remove all or any portion thereof on the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease except as provided specifically directed by Landlord in Article 20writing at the time Landlord consents to the improvements pursuant to this Section 11.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building Project (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. , Tenant shall restore the Premises and the Building Project to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Office Lease (Evoke Pharma Inc)
Alterations by Tenant. After completion of Tenant’s Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies similar personal property which does not become a pat1 of the proposed plans and specifications. All Alterations Leased Premises) shall immediately become the property of whatever kind and nature shall become at once a Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the realty and shall be surrendered with Leased Premises. Upon the Premises upon expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Tenant’s Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue data cabling and other telecommunications equipment installed by Tenant, and shall restore the Leased Premises to completion all Alterations then underway; provided, however, that if Tenant fails the condition they were in prior to do so, at the election installation of Landlordsuch items. Tenant’s obligations hereunder shall survive the expiration or termination of this Lease. Tenant shall restore be permitted to install card readers on the Premises stairwell doors adjacent to floors 4, 9, 13 and 20 of the Bank of America Building, subject to approval by Landlord and the Building to its condition and state City of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Bellevue.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. Throughout the Lease Term and any extensions thereof, Tenant shall not make any alterations, additions or improvements (“Alterations”) have the following rights and obligations with respect to the Premises without Tenant Alterations:
13.2.1 Tenant shall have the right to make Tenant Alterations in keeping with a Class “A”, corporate headquarters environment provided Tenant receives Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 such consent not to be unreasonably withheld, conditioned or less and are not visible from delayed. Notwithstanding the exterior of the Premises. All Alterations installed by foregoing, Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractormake Tenant Alterations without Landlord’s prior consent, the method of payment of the contractorprovided, however, such Tenant Alterations are in keeping with a Class “A”, corporate headquarters environment, are non-structural in nature, and are compatible with the plans Building systems, and specifications for all proposed Alterationsprovided further that Tenant delivers as-built drawings of such Tenant Alterations to Landlord. For those Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior written consent, Landlord shall give its written approval to contractors hired by Tenant to perform the Tenant Alterations prior to the commencement of any the Tenant Alterations, such Alterationsapproval not to be unreasonably withheld, conditioned or delayed. Tenant’s Subject to a request for consent confidential treatment, certain portions of this agreement have been intentionally omitted. The omitted portions subject to the confidential treatment request are designated by three asterisks [***]. A complete version of this agreement has been separately filed with the Securities and Exchange Commission.
13.2.2 Provided the Tenant Alterations are reasonably in keeping with a Class “A”, corporate headquarters environment, Tenant will have no obligation to remove the Tenant Alterations and restore the Demised Premises upon the surrender of the Demised Premises at the Lease Expiration Date or earlier termination of the Lease Term.
13.2.3 Tenant shall not use the Demised Premises or make any Tenant Alterations in violation of any of the Rules and Regulations complying with Article 12.1 or in violation of any law, statute, ordinance, rule, or regulation of any entity having legal jurisdiction over such subjects.
13.2.4 All Tenant Alterations shall be accompanied by information identifying at the contractor sole cost and method expense of payment and two (2) copies of Tenant and, if affixed to the proposed plans and specifications. All Alterations of whatever kind and nature Building, shall become at once a part of the realty Demised Premises and shall be surrendered with become the Premises upon expiration property of Landlord at the Lease Expiration Date or earlier termination of the Lease Term, unless Landlord requires such alterations and additions are Tenant’s trade fixtures, equipment, furniture and other personal property of Tenant, which are freely removable by Tenant. Notwithstanding the foregoing, if Tenant elects to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises Tenant Alterations, then such alterations or additions shall become the Building (including without limitation property of Tenant upon removal and Tenant may remove such alterations or additions or any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, portion thereof at Tenant’s expense upon the election Lease Expiration Date or earlier termination of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, provided Tenant agrees to providerepairs, at Tenant’s expense, any damage caused by such removal.
13.2.5 All Tenant Alterations shall be made: (i) in a policy good and workmanlike manner and otherwise in accordance with the Rules and Regulations; (ii) using first-class new or recycled materials only; (iii) on days, at times and under the supervision of an architect approved in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed; (iv) if Tenant is not the sole Tenant of the Building, after coordinating the work schedule and scope with the Building’s property manager to avoid undue interference with the normal operations and use of the Building; (v) in accordance with plans and specifications prepared by an engineer or architect reasonably acceptable to Landlord, which plans and specifications shall be approved in writing by Landlord to the extent Landlord’s consent is required pursuant to Article 13.2.1; (vi) in accordance with all applicable, statutes, ordinances, rules, and regulations of governmental authorities, and insurance covering loss requirements; (vii) after obtaining public liability, Builder’s Risk and workers’ compensation insurance policies approved in writing by Landlord, which policies shall cover every person who will perform any work with respect to such alteration; and (viii) after Tenant has obtained any permits necessary for the alterations. Upon completion of the Tenant Alterations, Tenant shall provide Landlord final lien waivers from the contractor and subcontractors performing such work and as-built plans or damage drawings with respect to such Tenant Alterations made whether Landlord’s consent to such Tenant Alterations was required hereunder.
13.2.6 Subject to the waivers of subrogation set forth in Article 17, Tenant shall indemnify and hold Landlord harmless from and against any and Subject to a request for confidential treatment, certain portions of this agreement have been intentionally omitted. The omitted portions subject to the confidential treatment request are designated by three asterisks [***]. A complete version of this agreement has been separately filed with the Securities and Exchange Commission. all expenses, liens, claims, liabilities and damages based on or arising by reason of the Tenant Alterations caused by Tenant, or its contractors, agents (excluding Landlord or its contractors, agents or employees) or employees. If any Tenant Alterations are made without the prior written consent of Landlord where consent is required by this Lease or are otherwise not made in an amount adequate accordance with this Article 13, Landlord shall have the right, upon prior written notice to repair or replace Tenant to remove and correct such work and restore the sameDemised Premises to their condition immediately prior thereto, naming and Tenant shall be liable for all reasonable expenses incurred by Landlord and in connection therewith. The failure of Landlord to object in writing to Tenant to such Tenant Alterations within thirty (30) days of Landlord’s property manager receipt of as-built drawings for such Tenant Alterations shall be deemed to be written consent by Landlord of such Tenant Alterations.
13.2.7 Notwithstanding anything else herein contained to the contrary, Tenant shall have the right to perform any work reasonably necessary to connect the Demised Premises to Tenant’s emergency back-up equipment, upon Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. This work shall include, but not be limited to, core drilling or trenching of the floor slab, if reasonably necessary, subject to Landlord’s reasonable consent.
13.2.8 Notwithstanding the foregoing, if Tenant knew the Tenant Alterations would increase the rate of Landlord’s fire or other insurance on the Building or cause it to be voided or suspended, then in such event Tenant shall, within ten (10) days following notice from Landlord, correct the condition specified by such notice that actually has caused or will cause such insurance to increase (unless Tenant, within thirty (30) days of notice from Landlord of such increase, pays the cost of any such increase to Landlord and, thereafter, pays all such increases as and when such premiums are due). If Tenant did get the prior approval of Landlord for the Tenant Alterations and later receives notice from Landlord that such Tenant Alterations will cause the rate of fire or other insurance on the Building to increase or has caused or will cause such insurance to be voided or suspended, then if any) the result is an increase in the cost of insurance, Landlord shall pay the cost of such insurance increase and such increased cost shall not be included as additional insureds. ProvidedOperating Expenses; provided, however, if Landlord consults its insurance carrier and is initially advised that such Tenant may install movable furnitureAlterations would not increase the rate of fire or other insurance on the Building and such rate of insurance then increases at some time in the future as a result of such Tenant Alterations, trade fixturesthen such increased cost shall be included in Operating Expenses. Otherwise, machinery or equipment In conformance Tenant shall, within ten (10) days of notice from Landlord discontinue such Tenant Alterations, and Landlord shall pay all costs to Tenant associated with applicable governmental rules or ordinances such discontinuance and Landlord shall remove the same upon expiration or earlier termination of this Lease as provided in Article 20Tenant Alterations and restore the Demised Premises at Landlord’s sole cost and expense.
Appears in 1 contract
Samples: Deed of Lease Agreement
Alterations by Tenant. Tenant shall may, from time to time, at its own expense make changes, additions and improvements to the Premises to better adapt the same to its business, provided that any such change, addition or improvement will (a) comply with all applicable Laws; (b) be made only with the prior written consent of Landlord, which consent will not be unreasonably withheld; (c) equal or exceed Building Standard; and (d) be carried out only by persons selected by Tenant and approved in writing by Landlord, who will if required by Landlord deliver to Landlord before commencement of the work performance and payment bonds. Tenant will maintain, or will cause the persons performing any such work to maintain, worker's compensation insurance and public liability and property damage insurance (with Landlord named as an additional insured), in amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant will promptly pay, when due, the cost of all such work and, upon completion, Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant will also pay any increase in property taxes on, or fire or casualty insurance premiums for, the Building attributable to such change, addition or improvement and the cost of any modifications to the Building outside the Premises that are required to be made in order to make the change, addition or improvement to the Premises. Tenant, at its expense, will have promptly prepared and submitted to Landlord reproducible as-built plans of any alterationssuch change, addition or improvement upon its completion. All changes, additions and improvements to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant will, without compensation to Tenant, become Landlord's property upon installation. If at the time Landlord consents to their installation, Landlord requests or approves the removal by Tenant of any such changes, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations)this Lease, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and will remove the same upon expiration or earlier termination of this Lease as provided in Article 20Section
15.1. All other changes, additions and improvements will remain Landlord's property upon termination of this Lease and will be relinquished to Landlord in good condition, ordinary wear and tear excepted.
Appears in 1 contract
Samples: Lease Agreement (Glacier Corp)
Alterations by Tenant. Tenant shall not may from time to time at its own expense make any alterationschanges, additions and improvements in the Premises to better adapt the same to its business, provided that any such change, addition or improvements (“Alterations”) improvement shall:
1. Comply with the requirements of any governmental or quasi-governmental authority having jurisdiction, except that such repairs, replacements and alterations shall be performed by Landlord and be at Landlord's expense if such governmental or quasi-governmental requirements are of general applicability to all tenants in the Building;
2. Be made only with the prior written consent of Landlord which may be given or withheld in Landlord's reasonable discretion, and if consent is given, it may be upon such conditions as Landlord reasonably deems necessary;
3. Equal or exceed the then current standard for the Building;
4. Be carried out only by persons approved in writing by Landlord, who shall, if required by Landlord, deliver to Landlord, before commencement of the work, performance and payment bonds as well as proof of worker's compensation, public liability and property damage insurance coverage, with Landlord named as an additional insured, in amounts, carried with companies, and in the form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work will be carried out; and
5. Become the property of Landlord and be surrendered to Landlord upon termination of the Lease. Landlord may, at its option, require Tenant to remove any physical additions and/or repair any alterations in order to restore the Premises to the Premises without Landlord’s prior written consentcondition existing at the time Tenant took possession, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior all costs of the Premises. All Alterations installed which shall be borne by Tenant regardless of whether such removal and/or repair is undertaken by Tenant or Landlord, before or after the termination of this Lease. Any increase in property taxes or fire or casualty insurance premiums for the Building attributable to such change, addition or improvement shall be new or completely reconditionedborne by Tenant. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior Subsequent to the commencement completion of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made change by Tenant, in an amount adequate to repair or replace Tenant at the samewritten request of Landlord, naming at its sole cost and expense shall provide Landlord and Landlord’s property manager (if any) as additional insuredswith a complete set of as-built drawings reflecting said change. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20./s/ MB ------ /s/ DW ------
Appears in 1 contract
Samples: Lease Agreement (Signalsoft Corp)
Alterations by Tenant. Tenant shall may from time to time at its own expense make changes, additions and improvements to the Premises to better adapt the same to its business, provided that any such change, addition or improvement will (a) comply with all applicable Laws; (b) be made only with the prior written consent of Landlord, which consent will not be unreasonably withheld; (c) equal or exceed Building Standard; and (d) be carried out only by persons selected by Tenant and approved in writing by Landlord, who will if required by Landlord deliver to Landlord before commencement of the work performance and payment bonds. Tenant will maintain, or will cause the persons performing any such work to maintain, worker's compensation insurance and public liability and property damage insurance (with Landlord named as an additional insured), in amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant will promptly pay, when due, the cost of all such work and, upon completion. Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant will also pay any increase in property taxes on, or fire or casualty insurance premiums for, the Building attributable to such change, addition or improvement and the cost of any modifications to the Building outside the Premises that are required to be made in order to make the change, addition or improvement to the Premises. Tenant, at its expense, will have promptly prepared and submitted to Landlord reproducible as-built plans of any alterationssuch change, addition or improvement upon its completion. All changes, additions and improvements to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant will, without compensation to Tenant, become Landlord's property upon installation. If at the time Landlord consents to their installation, Landlord requests or approves the removal by Tenant of any such changes, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations)this Lease, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and will remove the same upon expiration or earlier termination of this Lease as provided in Article 20Section
15.1. All other changes, additions and improvements will remain Landlord's property upon termination of this Lease and will be relinquished to Landlord in good condition, ordinary wear and tear excepted.
Appears in 1 contract
Alterations by Tenant. The Tenant shall make no alterations or improvements in or to any portion of the Premises or any portion of the Building or the Property without the Landlord's prior written consent and without first providing the Landlord with suitable assurance of the Tenant's obligation to complete the same at no expense to the Landlord and without any mechanics' or materialmen's lien upon the Property. The Landlord agrees that its consent shall not make any be withheld for interior, non-structural alterations, additions or and improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from consistent with the exterior use of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have Premises as contemplated hereby; any such consents to interior, non-structural alterations, additions and improvements may, if it is special in nature and adversely affects the right to approve the contractor, the method of payment value of the contractor, Premises and if the plans and specifications for all proposed Alterations. Landlord reasonably advises the Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to as part of or by notice at the commencement time of any such Alterations. consent, be conditioned upon the Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant 's being obligated to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease and to restore the Premises to their condition prior to such alterations, additions and improvements. Landlord acknowledges that Tenant will not be required to remove Tenant's initial improvements as set forth in Tenant's Interior Plans. Notwithstanding the foregoing, Tenant may make alterations costing no more than $10,000 and not affecting the exterior appearance of the Building, structural components, or Building systems without Landlord's approval, provided that Tenant gives Landlord at least 10 days prior notice of the alterations to be made in Article 20reasonable detail. If Landlord does not give notice to Tenant within such ten day period to the effect that the alterations must be removed at the expiration of the Term, Landlord shall be deemed to have agreed that such alterations need not be removed at the expiration of the Term.
Appears in 1 contract
Samples: Sublease (Navisite Inc)
Alterations by Tenant. Tenant shall not make or allow to be made any alterations, physical additions or improvements in or to the Premises (to include, without limitation, wiring, cables, risers, and similar installations appurtenant to the Premises) without first obtaining in writing Landlord's written consent for such alterations or additions, which may be withheld by Landlord in its sole discretion. Tenant may not use or penetrate the roof of the Premises for any purpose whatsoever without Landlord's prior written consent. In no event shall Tenant connect any other electrical distribution system or make any alterations or additions to the electrical system or wiring of the Premises. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any leasehold improvements, physical additions or improvements in the Premises in order to restore the Premises to the condition which existed prior to Landlord leasing the Premises to Tenant. All costs of alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant which Landlord consents shall be new or completely reconditionedborne by Tenant. Landlord shall, under no circumstance during the Term of this Lease, be required to carry any insurance on nor shall have Landlord be liable for any damage or loss to said alterations, additions or improvements or to any leasehold improvements made by Landlord for the right benefit of Tenant; and, provided further, that under no circumstances shall Landlord be required to approve pay, during the contractorTerm of this Lease and any extensions or renewals thereof, any ad valorem or property tax on such alterations, additions or improvements, Tenant hereby covenanting to pay all such taxes when they become due. In the method of payment of event any alterations, additions, improvements or repairs are to be performed by contractors or workmen other than Xxxxxxxx's contractors or workmen, any such contractors or workmen must first be approved in writing by Landlord. During the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement construction of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration alterations, additions or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations)improvements, Tenant and its contractor shall promptly commence carry insurance in types and diligently pursue amounts specified by Landlord and with carriers reasonably acceptable to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Landlord and Tenant shall restore comply with all reasonable rules and regulations adopted by Landlord for construction in the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Building.
Appears in 1 contract
Samples: Office Lease Agreement
Alterations by Tenant. Tenant shall not make any alterationsstructural ------------ ---------------------- alterations to the Premises, additions or improvements including the initial Construction, without the prior written consent of Landlord, which consent will not be unreasonably withheld. All alterations shall be of a good and workmanlike quality and shall comply with all Legal Requirements. All contractors retained by Tenant to make any alterations shall be subject (“Alterations”as a courtesy to Landlord) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 approval of Landlord which approval will not be unreasonably withheld or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterationsdelayed. Tenant shall obtain Landlord’s consent pay, when due, all claims for labor or materials furnished or alleged to all proposed Alterations requiring Landlord’s consent prior to the commencement of have been furnished in connection with any such Alterationsalterations. Tenant’s request for consent Any alterations made shall be accompanied by information identifying the contractor remain on and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon on the expiration or earlier sooner termination of the Lease Term and shall become the property of the Landlord, except that Landlord may elect within thirty (30) days before expiration or sooner termination of the Term, unless Landlord requires or within five (5) days after termination of the Term, to require Tenant to remove any alterations that Tenant has made to the same as provided in Article 20Premises. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations)Landlord so elects, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant its cost shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition alterations, before the last day of the Term or removalwithin thirty (30) days after notice of election is given, whichever is later. During Tenant shall pay all costs for Construction done by it or caused to be done by it on the Lease Term, Premises as permitted by this Lease. Any mechanic's liens resulting from Construction for Tenant which are filed against the Premises shall be discharged or bonded by Tenant within twenty (20) days of receipt by Tenant of notice thereof. Tenant recognizes the historic nature of the building and agrees to providecarefully protect all woodwork. Landlord's Construction representative may inspect all work on an ongoing basis and advise Tenant (as a courtesy) of any Construction imperfections that Landlord feels should be cured. Tenant shall have the right, to share space on a directory to be installed at Tenant’s expensethe entry of the building and on their main entry and to place a sign on, a policy of insurance covering loss or damage the property, subject to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20local government approval.
Appears in 1 contract
Samples: Lease (Synplicity Inc)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 25,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to reasonably approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. At the time Tenant requests Landlord's consent to any Alteration, Tenant shall have the right to request that Landlord waive its right to remove all or a portion of such requested Alterations under Article 20; provided, however, that if Landlord does not waive the same, all of Landlord's rights under Article 20 shall remain unaffected. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. , Tenant shall restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s 's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s 's property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Genetronics Biomedical Corp)
Alterations by Tenant. 15.1. Tenant shall not make cut, drill into, disfigure, deface, or injure any part of the Premises, nor obstruct or permit any obstruction, alteration, addition, or installation in the Premises without the prior written consent of Landlord, which shall be in Landlord’s sole discretion. All alterations, additions or improvements installations, including, but not limited to partitions, air conditioning ducts or equipment (“Alterations”except movable furniture and fixtures put in at the expense of Tenant and removable without defacing or injuring the Premises), shall become the property of Landlord at the expiration or any earlier termination of the Term. Landlord, however, reserves the option to require Tenant, at Tenant’s sole cost and expense, upon written notice at the time of installation, to remove all fixtures, alterations, additions, decorations or installations (including those not removable without defacing or injuring the Premises) and to restore the Premises to the Premises without Landlord’s prior written consentsame condition as when originally leased to Tenant, except for nonstructural Alterations that cost $5,000 or less reasonable wear and are not visible from the exterior tear excepted. All work performed by Tenant shall be done (a) in a good and workmanlike manner, (b) with materials of the quality and appearance comparable to those in the Building Project, (c) in compliance with all governmental requirements, and (d) by contractors or mechanics fully licensed by all applicable governmental authorities. Prior to the commencement of any work by or for Tenant, Tenant shall furnish to Landlord endorsements evidencing the existence of worker’s compensation insurance covering all persons employed for such work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises.
15.2. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanics, or materialmen’s lien against the Premises or any interest therein. Tenant shall give Landlord not less than ten (10) days’ notice prior to the commencement of any such work in the Premises and Landlord shall have the right to post notices of non-responsibility in or on the Premises as provided by law. These provisions are made with express reference to Section 713.10, Florida Statutes.
15.3. All Alterations Tenant improvements and fixtures installed by Tenant shall be new or completely reconditionedlike new and in good working order. Tenant shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any exterior signs, exterior lighting, plumbing fixtures, shades or awnings or make any changes to the exterior of the Premises. Tenant shall present to Landlord plans and specifications for such work at the time approval is sought, and simultaneously demonstrate to Landlord that the proposed alterations comply with local zoning and building codes. Tenant shall pay to Landlord the reasonable costs of Landlord’s attorney, architect and engineers to review such plans on behalf of the Landlord. Tenant shall not commence work on any Tenant improvements until Tenant has received from Landlord, Landlord’s written approval of Tenant’s plans and specifications.
15.4. All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements, and in such manner as to cause a minimum of interference with other construction in progress (if any) and with the transaction of business in the Building. Without limitation on the generality of the foregoing, Landlord shall have the right to approve require that any of such work, which in Landlord’s reasonable judgment, generates excessive noise, odor or disruption be performed during hours when the contractor, the method of payment of the contractorBuilding is not open for business, and the plans in accordance with other Rules and specifications for all proposed AlterationsRegulations which Landlord may from time to time prescribe. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming indemnify Landlord and hold Landlord harmless against any loss, liability or damage, resulting from such work, and Tenant shall, if requested by Landlord’s property manager (if any) as additional insureds. Provided, howeverfurnish bond or other security satisfactory to Landlord against any such loss, Tenant may install movable furniture, trade fixtures, machinery liability or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20damage.
Appears in 1 contract
Samples: Office Lease (Towerstream Corp)
Alterations by Tenant. Tenant may from time to time at its own expense make changes, additions and improvements in the Premises to better adapt the same to its business, provided that any such change, addition or improvement shall:
1. Comply with the requirements of any governmental or quasi-governmental authority having jurisdiction, except that such repairs, replacements and alterations shall be performed by Landlord and be at Landlord's expense if such governmental or quasi-governmental requirements are of general applicability to all tenants in the Building;
2. Be made only with the prior written consent of Landlord which consent shall not make be unreasonably withheld, conditioned, or delayed;
3. Equal or exceed the then current standard for the Building;
4. Be carried out only by persons approved in writing by Landlord, who shall, if required by Landlord, deliver to Landlord, before commencement of the work, performance and payment bonds as well as proof of worker's compensation, public liability and property damage insurance coverage, with Landlord named as an additional insured, in amounts, carried with companies, and in the form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work will be carried out; and
5. Except in the case of trade fixtures and movable items as defined herein, become the property of Landlord and are surrendered to Landlord upon termination of the Lease. Landlord may, at its option, require Tenant to remove any alterations, physical additions or improvements (“Alterations”) and/or repair any alterations in order to restore the Premises to the Premises without Landlord’s prior written consentcondition existing at the time Tenant took possession, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior all costs of the Premises. All Alterations installed which shall be borne by Tenant regardless of whether such removal and/or repair is undertaken by Tenant or Landlord, before or after the termination of this Lease. Any increase in property taxes or fire or casualty insurance premiums for the Building attributable to such change, addition or improvement shall be new or completely reconditionedborne by Tenant. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior Subsequent to the commencement completion of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made change by Tenant, in an amount adequate to repair or replace the same, naming Tenant at its sole cost and expense shall provide Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination a complete set of this Lease as provided in Article 20as-built drawings reflecting said change.
Appears in 1 contract
Alterations by Tenant. Except as expressly provided in the Work Letter, Tenant shall not make any no alterations, additions or improvements (“Alterations”) to the Premises or the Building Complex, (excluding items of a decorating nature such as painting, carpeting, etc.) (the "Alterations"), including the installation of equipment or machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond the standard electrical usage design for the Premises without Landlord’s obtaining the prior written consentconsent of Landlord, except for nonstructural Alterations that cost $5,000 which shall not be unreasonably withheld or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterationsdelayed. Tenant shall obtain Landlord’s consent submit any such request to all proposed Alterations requiring Landlord’s consent Landlord at least 30 days prior to the commencement of any such the Alterations. Landlord may impose, as a condition to its consent, and at Tenant’s request for consent 's sole cost such requirements as Landlord may reasonably deem necessary in its judgment, including the manner in which the Alterations are done, the material to be used, the architect and contractor by whom the work is to be performed and the times during which the work is to be accomplished, approval of all plans and specifications, and the procurement of all licenses and permits. Landlord shall be accompanied by information identifying entitled to or to require Tenant to post notices on and about the contractor Premises with respect to Landlord's non-liability for the Alterations and method Tenant shall not permit those notices to be defaced or removed. Tenant further agrees not to connect any apparatus, machinery or device to the Building systems, including electric wires, water pipes, fire, safety, heating and mechanical systems, without the prior written consent of payment Landlord, Alterations which Tenant is permitted to make shall be performed in a good and two workmanlike manner and in compliance with this Lease. If Landlord permits any Alterations, then prior to the commencement of those Alterations, Tenant shall deliver to Landlord certificates (2) and copies of the proposed plans policies if requested by Landlord) issued by insurance companies qualified to do business in the state where the Premises are located evidencing that workmen's compensation, public liability insurance and specificationsproperty damage insurance, builder's risk coverage (if applicable) all in amounts, with companies and on forms satisfactory to Landlord, are in force and maintained by all such contractors and subcontractors engaged by Tenant to perform the work. All such policies shall name Landlord as an additional insured and shall provide that they may not be canceled or modified without 30 days' prior notice to Landlord. Tenant, at its sole cost and expense, shall cause any permitted Alterations to be performed in compliance with all applicable requirements of whatever kind insurance policies, Laws, and nature shall become at once a part governmental bodies having jurisdiction, in such manner as not to interfere with other tenants or interfere with, delay, or impose any additional expense upon Landlord in the construction, maintenance or operation of the realty Building Complex, and so as to maintain harmonious labor relations in the Building and to not disturb other tenants' use of their premises or interfere with Landlord's operation of the Building Complex. In addition, Tenant, at its sole cost and expense, shall be surrendered with responsible for the Premises upon expiration acquisition of auxiliary aids, required under the ADA, including all Alterations required: (i) as a result of Tenant, or earlier termination of any subtenant, assignee or concessionaire, being a Public Accommodation (as defined in the Lease Term, unless Landlord requires Tenant to remove the same ADA); (ii) as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions a result of the Premises or being a Commercial Facility (as defined in the Building ADA); (including without limitation iii) as a result of any previously-installed Alterations), Tenant shall promptly commence and diligently pursue leasehold improvements made to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state by or on behalf of Improvement prior Tenant, or any subtenant, assignee or concessionaire (whether or not Landlord's consent to such demolition leasehold improvements was obtained); or removal. During (iv) as a result of the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made employment by Tenant, in an amount adequate to repair or replace the sameany subtenant, naming Landlord and Landlord’s property manager (if any) as additional insureds. Providedassignee or concessionaire, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance of any individual with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20a disability.
Appears in 1 contract
Samples: Office Lease (Lightbridge Inc)
Alterations by Tenant. 12.1 Tenant shall not make or perform or permit the making or performance of any alterations, additions additions, installations or improvements to or removals from (“collectively, "Alterations”") to the Premises without Landlord’s 's prior written consent, except for that Tenant may, without Landlord's prior consent, make or perform or permit the making or performance of any nonstructural Alterations Alteration that has a cost less than $5,000 or less 100,000 a per occurrence basis, which amount shall be adjusted each Lease Year by the percentage increase in the Index between the month in which the Term Commencement Date occurs and are not visible from the exterior calendar month immediately preceding the first month of the Premisesapplicable Lease Year. All Landlord agrees not to unreasonably withhold its consent to non-structural Alterations installed provided the same, in Landlord's reasonable opinion, do not adversely affect Building systems (including, without limitation, utility, life safety, electrical, plumbing and sewage lines and HVAC systems) and will not result in any increase in Operating Expenses beyond a de minimis degree (unless Tenant agrees in writing to pay for any such increase). Tenant shall furnish Landlord with plans and specifications for any non-structural Alterations prior to Tenant's commencement of the construction or installation of the same. Any Structural Alterations requested by Tenant and approved by Landlord shall be new or completely reconditionedperformed by Landlord, at Tenant's expense, provided the same does not adversely affect beyond a de minimis degree Building systems (including, without limitation, utility, life safety, electrical, plumbing and sewage lines and HVAC systems) and will not result in any increase in Operating Expenses (unless Tenant agrees in writing to pay for any such increase). Landlord Tenant shall have request in writing Landlord's written consent not less than thirty (30) days prior to the right to approve the contractor, the method of payment proposed commencement of the contractorconstruction of such Structural Alterations, which written request shall be accompanied by plans and specifications (prepared by a licensed structural engineer reasonably acceptable to Landlord) for such Structural Alterations, which plans and specifications shall be subject to the approval of Landlord, which approval shall not be unreasonably withheld or delayed. Landlord's granting of consent to Structural Alterations may be conditioned on a requirement that Tenant (x) deposit with Landlord, prior to Landlord's commencement of installation of any such Structural Alterations, an amount not in excess of ten percent (10%) of the cost of such installation, as determined by Landlord, and (y) on or prior to the Expiration Date or earlier termination of this Lease, arrange with Landlord for the removal, at Tenant's expense, of all vertical penetrations throughout the Premises in excess of three (3) penetrations and the restoration of such penetrations to their condition prior to the construction of such penetrations. Tenant shall pay, as Additional Rent the reasonable out-of-pocket costs for the installation of such Structural Alteration, together with costs incurred by Landlord in its review of the plans and specifications for all proposed Alterations. therefor, within thirty (30) days after its receipt of an invoice therefor.
12.2 In the event that in connection with any Alteration (whether structural or non-structural), installation of any wires, conduits, pipes or mechanical equipment outside the Premises is required, Tenant shall obtain request Landlord’s 's consent to all proposed Alterations requiring Landlord’s consent therefor not less than twenty (20) days prior to the commencement of any the construction of such Alterations. Tenant’s request for , which consent shall be accompanied by information identifying plans and specifications to be reviewed and approved by Landlord showing the contractor and method location of payment and two (2) copies such wires, conduits, pipes or mechanical equipment. Landlord's granting of consent to the installation of any such wires, conduits, pipes or mechanical equipment may be conditioned on a requirement that Tenant deposit with Landlord, prior to Landlord's commencement of such installation, the cost, or a portion thereof, of such installation as determined by Landlord. Without limiting the reasons for the granting or withholding of consent by Landlord, Landlord may withhold such consent if in Landlord's opinion, reasonably exercised, such installation will adversely affect Building systems or will cause or create a hazardous condition or interfere with or disturb other tenants following the completion of the proposed Alteration. The installation of such wires, conduits, pipes or mechanical equipment shall be performed (a) by Landlord at Tenant's expense, and Tenant shall pay for the same, as Additional Rent, along with costs incurred by Landlord in its review of the plans and specifications. All Alterations specifications therefor, within thirty (30) days after its receipt of whatever kind and nature shall become at once an invoice therefor; (b) in a part of the realty and shall be surrendered manner consistent with the Premises upon expiration terms of this Lease or earlier termination those of another tenant's lease, to the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions extent such installation is outside of the Premises and requires entry into another tenant's premises; (c) during non-Business Hours and weekends, to the extent possible; (d) upon five (5) days Notice to Landlord prior to such installation; (e) by Approved Contractors. Any damage arising from such installation shall be repaired by Landlord, at Tenant's sole cost and expense.
12.3 All non-structural Alterations performed by or on behalf of Tenant pursuant to Section 12.1 shall be done in a good and workmanlike manner by the Building (including without limitation any previouslyApproved Contractors and in accordance with all Legal Requirements and Insurance Requirements. The Approved Contractors are hereby deemed approved by Landlord for the performance of non-installed structural Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if in the event Landlord determines that the employment of any Approved Contractor, during the course of its prosecution of a non-structural Alteration or any other work for or on behalf of Tenant fails to do so(including, at without limitation, Tenant's Work), interferes with construction performed by, or causes any conflict or labor dispute with, any other contractor, subcontractor or other party engaged in the election construction, maintenance or operation of Landlord. the Building, Tenant shall restore select another Approved Contractor and shall cause the Approved Contractor being replaced to promptly remove its equipment and personnel from the Building. Landlord hereby expressly reserves the right to require the deletion of contractors and subcontractors from the list of Approved Contractors for cause or if such contractors or subcontractors are or become known to be a probable cause of a labor dispute relating to the Building or the Premises and or in the Building to its condition and state of Improvement prior to event any such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.Approved
Appears in 1 contract
Samples: Lease Agreement (Organic Inc)
Alterations by Tenant. Tenant shall not make any alterations, alterations or additions or improvements (“Alterations”) to the demised Premises without Landlord’s the prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior consent of the PremisesLandlord. All Alterations installed costs incurred for said alterations or additions will be borne by the Tenant. Any requests by Tenant to make such alterations or additions shall be new in writing and no such alterations or completely reconditioned. additions shall be commenced until (i) Landlord shall have the right to approve the contractor, the method of payment of the contractor, and has approved the plans and specifications thereof; (ii) Tenant has obtained all the necessary permits related thereto and provided copies of same to Landlord; (iii) Tenant has provided Landlord with evidence, in form satisfactory to Landlord, and in Landlord's sole discretion, that the contractor(s) that will undertake such alterations or additions is insured for liability, workers' compensation and other risks, all proposed Alterationsin such amounts and with companies and upon terms that are satisfactory to Landlord. Tenant shall obtain Landlord’s consent will promptly provide to Landlord copies of all proposed Alterations requiring Landlord’s consent prior warranties, certificate of occupancy, certificates of insurance and any and all documents evidencing other matters related to such alterations or additions. Any alterations or additions or improvements to the commencement of any such Alterations. Tenant’s request for consent Demised Premises made by the Tenant shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part become the property of the realty Landlord and shall be surrendered with to Landlord upon the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underwaythis Lease; provided, however, that if Tenant fails to do soLandlord, at the election of Landlord. its option, may require Tenant shall to remove any physical additions and/or repair any alterations in order to restore the Demised Premises to the condition existing at the time Tenant took possession, normal wear and the Building to its condition and state tear excepted. All costs of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made removal and/or repair shall be borne by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Lease (Pods Inc)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all the Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant underway or shall otherwise restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s 's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any no alterations, addition or improvements to the Premises or to the exterior, the structure, or the storefront thereof or the signs thereon without the prior written consent of Landlord. Any request by Tenant for Landlord's co sent to an such proposed alterations, additions or and improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed shall in each instance be accompanied by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all the proposed Alterationswork, prepared and submitted to Landlord in accordance with such requirements as Landlord may reasonably impose. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any All such Alterations. Tenant’s request for consent alterations, additions and improvements shall be accompanied made by information identifying Tenant in accordance with the contractor and method reasonable, requirements of payment and two (2) copies of the proposed plans and specificationsLandlord. All Alterations alterations, additions and improvements (excluding personal property and movable business fixtures of whatever kind and nature shall become at once a Tenant no part of the realty cost of which shall have been paid by Landlord) made by, for or at the direction of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, a part thereof at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease or at such time as provided Landlord shall reenter and take possession of the Premises without terminating this Lease pursuant to the provisions of Section 4.14 hereof; Landlord shall, however, have the right to require Tenant to remove any such alterations, additions, or improvements and to restore the Premises to the condition in Article 20which they were in at the commencement of Tenant's occupancy thereof. Such right shall be exercised by Landlord by giving notice to Tenant at any time prior to but not later than thirty (30) days after the expiration or earlier termination of this Lease. Upon receipt of such notice, Tenant, at Tenant’s sole cost and expense, shall comply with the requirements specified in such notice on or before the expiration or earlier termination of this Lease or within five (5) days after receipt of such notice by Tenant whichever shall be later.
Appears in 1 contract
Samples: Lease Agreement (Homeland Integrated Security Systems, Inc.)
Alterations by Tenant. Except as expressly permitted by the provisions of this Section 12 and Sections 29 and 30 hereof, the Tenant shall not erect no signs and shall make any no alterations, additions or improvements (“Alterations”) in or to any portion of the Premises or any portion of the Building or the Property without the Landlord's prior written consent and without first providing the Landlord with suitable assurance of the Tenant's obligation to complete the same at no expense to the Landlord and to promptly bond over or cause to be discharged any mechanics' or materialmen's lien upon the Property filed in connection with such work. The Tenant may repaint and recarpet the Premises without notice to or approval by the Landlord’s . The Tenant may make other non-structural alterations to the interior of the Premises costing no more than $50,000 in each instance without Landlord's prior written consent, except for nonstructural Alterations provided that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. first give written notice to the Landlord shall have specifying the right to approve the contractor, the method of payment of the contractorproposed alterations, and the plans commencement and specifications approximate completion dates thereof. The Landlord agrees that its consent, if required under the provisions of this Section 12, shall not be unreasonably withheld, conditioned or delayed for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior interior, non-structural alterations, additions and improvements to the commencement Premises consistent with the use of the Premises as contemplated hereby; any such Alterations. consents to interior, non-structural alterations, additions and improvements are conditioned upon the Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant 's being obligated to remove the same at the expiration or termination of this Lease and to restore the Premises to their condition prior to such alterations, additions and improvements, provided that Tenant shall not be so obligated to remove such non structural alterations, additions and improvements if at the time of such consent or notification Landlord does not specify that the same must be removed. Tenant shall not convert office space to manufacturing space. Any such permitted work is termed "Tenant Work." Before Tenant begins the Tenant Work, it shall (i) secure all licenses and permits necessary therefore (it being understood that Landlord shall, at Tenant's expense, 777923v2 cooperate with Tenant in securing all such licenses and permits), (ii) deliver to Landlord a statement with names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them, (iii) cause each contractor and subcontractor to carry (1) workers' compensation insurance in statutory amounts and employer's liability insurance with limits not less than $500,000 per accident covering all the contractor's and subcontractor's employees, and (2) comprehensive general liability insurance with limits not less than $1,000,000 combined single limit for bodily injury and property damage insurance, all such insurance to include coverage for premises operations, broad form property damage, owner's and contractor's protective liability and completed operations for one (1) year, and (iv) obtain all risks property insurance against loss or damage to the Tenant Work pending completion of the same. All insurance referred to in clauses (iii) and (iv) above shall be written by companies reasonably approved by Landlord and shall insure Landlord and Landlord's property managers, and Tenant as provided additional insureds, as their respective interests may appear, as well as the contractors and subcontractors as appropriate, and all such insurance shall contain a waiver of subrogation provision in Article 20favor of all insureds and shall be primary coverage as to any other coverage maintained by any insured other than Tenant. If Prior to commencing the Tenant demolishes Work, Tenant shall deliver, or removes arrange to be delivered, to Landlord certificates of all insurance referred to in clauses (iii) and (iv) above. The foregoing notwithstanding, Tenant agrees to promptly pay when due the entire cost of the Tenant Work, and promptly to discharge or bond off any then-existing tenant improvements or other portions of such liens which may attach to the Premises or the Building (including without limitation Building. Landlord may inspect the Tenant Work at any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underwaytime; provided, however, that if Landlord shall, except in case of emergency, (i) give Tenant fails not less than 24 hours' prior notice of such inspections and (ii) conduct such inspections so as to do sominimize interference with the Tenant Work. Tenant shall, and shall require its contractors to, insure and indemnify Landlord and any Mortgagee (as such term is defined in Section 21 hereof) and hold them harmless from and against any cost, claim or liability arising from any work done by or at the election direction of Tenant, all such insurance and evidence of indemnification to be in form and substance reasonably satisfactory to Landlord. The Tenant Work shall restore the Premises and be done so as to minimize interference with other tenants or lawful occupants of the Building to its condition and state with Landlord's operation of Improvement prior to such demolition the Building or removalother construction or installation work being done by Landlord. During The Tenant Work shall be done substantially in accordance with the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made plans approved by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Providedin compliance with all applicable laws and all lawful ordinances, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable regulations and orders of governmental rules or ordinances authorities and remove insurers of the same upon expiration or earlier termination of this Lease as provided in Article 20Building and/or the Premises.
Appears in 1 contract
Samples: Lease Agreement (Cross a T Co)
Alterations by Tenant. (a) Tenant shall not make any no alterations, additions or improvements (“Alterations”) to the Premises or to the exterior, the structure, or the storefront thereof or the signs thereon without Landlord’s the prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior consent of the PremisesLandlord. Any request by Tenant for Landlord's consent to any such proposed alterations, additions and improvements shall in each instance be accompanied by plans and specifications for the proposed work prepared and submitted to Landlord in accordance with such requirements as Landlord may reasonably impose. All Alterations installed such alterations, additions and improvements (excluding personal property and movable business fixtures of Tenant no part of the cost of which shall have been paid by Tenant Landlord) made by, for or at the direction of Tenant, shall become the property of Landlord and shall remain upon and be new surrendered with the Premises as a part thereof at the expiration or completely reconditioned. earlier termination of this Lease or at such time as the Landlord shall re-enter and take possession of the Premises without terminating this Lease pursuant to the provisions of 4.02 hereof; provided, however, that Landlord shall have the right to approve require Tenant to remove any of such alterations, additions, or improvements and to restore the contractor, Premises to the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to condition in which they were at the commencement of any Tenant's occupancy thereof and such Alterations. Tenant’s request for consent right shall be accompanied exercised by information identifying Landlord by giving notice to tenant at any time prior to or not later than thirty (30) days after the contractor expiration or earlier termination of this Lease. Upon receipt of such notice, Tenant, at Tenant's sole cost and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature expense, shall become at once a part of the realty and shall be surrendered comply with the Premises upon requirements specified in such notice on or before the expiration or earlier termination of the Lease Termor within five (5) days after receipt of such notice by Tenant, unless Landlord requires whichever is later.
(b) Tenant to remove the same as provided in Article 20. If Tenant demolishes shall make no penetration of any floor, wall, overhead structure or removes any then-existing tenant improvements or other portions roof of the Premises or any other part of the Building (including Shopping Center without limitation any previously-installed Alterations)Landlord's prior written consent to the plans and specifications therefor and for the repair of each such penetration all in such detail as Landlord may require. Subject to such consent and to Tenant's compliance with such other requirements as Landlord may impose, Tenant shall promptly commence make and diligently pursue repair any such penetration in strict compliance with the approved plans and specifications and Landlord's requirements with respect thereto. Landlord shall have no obligation to completion all Alterations consent to any such penetration; but, if it shall so consent, then underway; providednotwithstanding such consent, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore indemnify and hold Landlord harmless from any damage, loss, cost or expense arising out of the existence of any such penetration even if the same was made and required in compliance with plans, specifications and requirements approved by Landlord.
(c) Landlord shall have no obligation to make any alterations, improvements or repairs to the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Termother than those, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as herein specifically provided in Article 20for.
Appears in 1 contract
Samples: Lease Agreement (Talk America)
Alterations by Tenant. Except for (i) carpeting, painting and cosmetic alterations, and (ii) non-structural alterations which do not impact or affect any Building systems and do not require plans and/or a building permit, neither of which shall require Landlord’s prior consent, Tenant, upon written notice to Landlord and with Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed, may make alterations, installations, additions and improvements in and to the Demised Premises at Tenant’s sole expense. All such work performed by Tenant shall be performed in compliance with all applicable Requirements. Tenant may make decorations and erect signs within the Demised Premises not make any alterations, additions or improvements (“Alterations”) to visible from outside the Demised Premises without Landlord’s prior written consent, except for nonstructural Alterations and Landlord agrees not unreasonably to withhold its consent to any such decorations and signs that cost $5,000 or less and are not visible from outside the exterior of the Demised Premises. All Alterations property of whatever kind or nature in or on the Demised Premises owned, installed or paid for by Tenant shall be new and remain the property of Tenant and upon the termination of this Lease or completely reconditioned. Landlord any holdover period, Tenant shall have the right to approve the contractor, the method option of payment removing such property or of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any surrendering such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building property (including partition systems and/or furniture located in the Demised Premises) to Landlord, in either event without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue liability to completion all Alterations then underwayLandlord; provided, however, that if Tenant fails to do soany moveable personal property, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition refuse or removal. During the Lease Termrubbish is surrendered, Tenant agrees to provide, it may be removed by Landlord at Tenant’s expense, a policy of insurance covering loss or damage . Tenant shall exercise its option by giving written notice to Alterations made by Tenant, in an amount adequate Landlord within thirty (30) days prior to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20or any holdover period. If Tenant shall fail to give such notice or shall fail to remove such property upon termination of this Lease or any holdover period, the property shall be deemed to be surrendered.
Appears in 1 contract
Alterations by Tenant. Tenant shall not may from time to time at its own expense make any alterationschanges, additions or and improvements (“Alterations”) to the Premises without Landlord’s to better adapt the same to its business, provided that any such change, addition or improvement will (a) comply with all applicable Laws; (b) be made only with the prior written consentconsent of Landlord, except for nonstructural Alterations that cost $5,000 which consent will not be unreasonably withheld; (c) equal or less exceed Building Standard; (d) be made and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the constructed in accordance with all plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent approved in writing by Landlord prior to the commencement of any such Alterationswork; and (e) be carried out only by persons selected by Tenant and approved in writing by Landlord, who will if required by Landlord deliver to Landlord, before commencement of the work, performance and payment bonds. Tenant will maintain, or will cause the persons performing any such work to maintain, worker’s compensation insurance and public liability and property damage insurance (with Landlord named as an additional insured), in amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant will promptly pay, when due, the cost of all such work and, upon completion, Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant will also pay any increase in property taxes on, or fire or casualty insurance premiums for, the Building attributable to such change, addition or improvement and the cost of any modifications to the Building outside the Premises that are required to be made in order to make the change, addition or improvement to the Premises. Tenant’s request for consent shall be accompanied by information identifying the contractor , at its expense, will have promptly prepared and method submitted to Landlord reproducible as-built plans of payment and two (2) copies of the proposed plans and specificationsany such change, addition or improvement upon its completion. All Alterations of whatever kind changes, additions and nature shall become at once a part of improvements to the realty and shall be surrendered with the Premises upon expiration Premises, whether temporary or earlier termination of the Lease Termpermanent in character, unless made or paid for by Landlord requires or Tenant will, without compensation to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and become Landlord’s property manager (if any) as additional insuredsupon installation. ProvidedIf at the time Landlord consents to their installation, howeverLandlord requests or approves in writing the removal by Tenant of any such changes, additions or improvements upon termination of this Lease, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and will remove the same upon expiration or earlier termination of this Lease as provided in Article 20Section 15.
1. All other changes, additions and improvements will remain Landlord’s property upon termination of this Lease and will be relinquished to Landlord as provided in Section 15.1. Notwithstanding anything in this Agreement to the contrary, the Leasehold Improvements and Tenant’s personal property, such as trade fixtures, furniture and equipment, shall be exempt from the terms and conditions of this Section 7.1
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consentconsent (which shall not be unreasonably withheld or delayed), except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s 's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or and ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”'AIterations') to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-previously installed Alterations), Tenant shall promptly commence and diligently pursue to completion all the Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant underway or shall otherwise restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s xx Xxxant's expense, a policy of insurance xx xxsurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install movable furniture, furniture trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all the Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant underway or shall otherwise restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s 's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insureds. insured, Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In to conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided Provided in Article 20.
Appears in 1 contract
Alterations by Tenant. Subject to Section 5.8, Tenant shall not make any alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve of altering, improving, replacing, modifying or expanding the contractorfacilities, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with equipment or appliances in the Premises upon expiration or earlier termination of from time to time as it may determine is desirable for the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions continuing and proper use and maintenance of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underwayunder this Lease; provided, however, that if Tenant fails any alterations, improvements, replacements, expansions or modifications to do sothe Premises in excess of Six Hundred Thousand Dollars ($600,000) in any rolling twelve (12) month period shall require the prior written consent of the Landlord; provided, at further, that the election aggregate cost of tenant-funded improvements cannot exceed ten percent (10%) of Landlord's Original Investment for the Premises without securing the prior written consent of Landlord; provided, further, that the aggregate cost of tenant-funded improvements cannot exceed ten percent (10%) of Landlord's Original Investment without securing the prior written consent of the Landlord. Any amounts funded by Tenant as necessitated by damage to the Premises by casualty or condemnation shall restore not count towards the foregoing calculation. The cost of all alterations, improvements, replacements, modifications, expansions or other purchases, covered by this Section 5.6, whether undertaken as an on-going licensing, Medicare or Medicaid (or any successor program) requirement (if applicable) or other regulatory requirement or otherwise shall be borne solely and exclusively by Tenant (unless funded by Landlord under Section 5.7) and shall immediately become a part of the Premises and the Building property of the Landlord subject to its condition the terms and state conditions of Improvement prior this Lease. All work done in connection therewith shall be done in a good and workmanlike manner and in compliance with all existing codes and regulations pertaining to such demolition the Premises and shall comply with the requirements of insurance policies required under this Lease. In the event any items of the Premises have become inadequate, obsolete or removal. During the Lease Termworn out or require replacement (by direction of any regulatory body or otherwise), Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair shall remove such items and exchange or replace the same, naming Landlord same at Tenant's sole cost and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination shall become part of this Lease as provided in Article 20the Premises and property of the Landlord.
Appears in 1 contract
Samples: Lease and Security Agreement (American Retirement Corp)
Alterations by Tenant. 5.1 No alteration, addition, or improvement to the Leased Space shall be made by Tenant without the prior written consent of Landlord. Concurrently with requesting Landlord's consent to the proposed alteration, addition, or improvement, Tenant shall not make submit to Landlord preliminary plans for the alteration, addition, or improvement. Landlord shall, in its reasonable discretion, approve or disapprove the proposed alteration, addition, or improvement, within thirty (30) days after its receipt of Tenant's written request for approval. If Landlord fails to affirmatively approve or disapprove the proposed alteration, addition, or improvement within the thirty (30) day period, the proposed alteration, addition, or improvement shall be deemed disapproved. If Landlord gives such written consent to any alteration, addition, or improvement to the Leased Space, Landlord and Tenant shall agree in writing at that time to the date when that undertaking shall be completed.
5.2 All alterations, additions additions, or improvements (“Alterations”) to the Premises without shall be performed by Landlord’s prior written consent's staff or its designee. Tenant shall obtain all necessary governmental permits required for any alteration, except for nonstructural Alterations that cost $5,000 addition, or less improvement approved by Landlord and are shall comply with all applicable governmental law, regulations, ordinances, and codes. Any alteration, addition, or improvement not visible from the exterior including removable equipment made by Tenant after consent has been given, and any fixtures installed as part of the Premises. All Alterations installed by Tenant construction, shall be new at Landlord's option become the property of Landlord on the expiration or completely reconditioned. other earlier termination of this Lease; provided, however, that Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires require Tenant to remove the same as provided in Article 20fixtures at Tenant's cost on termination of this Lease. If Tenant demolishes or removes any then-existing tenant improvements or other portions is required by Landlord to remove the fixtures on termination of the Premises or the Building (including without limitation any previously-installed Alterations)this Lease, Tenant shall promptly commence repair and diligently pursue restore any damages to completion the Leased Space caused by such removal.
5.3 Except for the alterations which Landlord may make at its sole option in order to prepare the Leased Space for Tenant's occupancy, the costs of any alterations ("Alteration Costs") required by or requested by Tenant shall be paid for by Tenant within thirty (30) days of receipt of Landlord's invoice. In Landlord's sole discretion, the Alteration Costs may become additional rent ("Additional Rent") and shall be paid by Tenant according to such terms as the parties may agree. Landlord reserves the right to require that Tenant execute a non-terminable extension to this Lease as a condition of Landlord's accepting payment for the Alteration Costs as Additional Rent. Should Tenant vacate or abandon the Leased Space prior to payment of all Alterations then underway; providedof the Additional Rent, however, that all outstanding Additional Rent shall immediately become due upon Tenant's notice of termination to Landlord or upon Agreement No._________ termination of this Lease if Tenant fails to do so, at the election give notice of termination to Landlord. The outstanding sum must be paid whether or not Tenant shall restore the Premises and the Building has properly terminated this Lease. Landlord may treat Tenant's failure to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) pay Additional Rent as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination it would any other material breach of this Lease as provided in Article 20Lease.
Appears in 1 contract
Samples: Development Agreement (Nz Corp)
Alterations by Tenant. Tenant shall not make or suffer to be made any alterations, additions or improvements (“Alterations”) to or of the Premises or any part thereof, except as expressly provided in this paragraph 10.2, whether as part of the initial improvements to the Premises without or thereafter. Tenant may cause such alterations, additions or improvements to be made only upon the following conditions:
a. By a contractor reasonably approved in writing by Landlord in advance (it being understood that Landlord shall have the right to designate the general contractor for the construction of any and all of the initial improvements to the Premises in accordance paragraph 10.1);
b. Tenant submits plans, specifications and cost estimates of such work prepared by a licensed architect in accordance with existing applicable federal, state or local laws, ordinances and regulations to Landlord for Landlord’s prior written consent's approval which Landlord shall not unreasonably withhold. It shall, except however, be deemed reasonable for nonstructural Alterations that cost $5,000 Landlord to withhold its consent to any alterations, additions or less and are not improvements which would (i) affect the structure of the Building or materially increase the load upon or otherwise adversely affect the electrical, HVAC or other systems of the Building, (ii) affect signage or any elevator lobby or be visible from the exterior of the Building, (iii) create or add signage on the entry doors to the Premises, or (iv) result in a use of the Premises for other than general office purposes. All Alterations installed Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with alterations, additions, or improvements to the Premises shall be new or completely reconditionedentitle Landlord to all the same remedies as for nonpayment of Rent hereunder. Landlord shall have will, from time to time during the right Term at Tenant's request, make changes in the name of Tenant as shown on the Building standard identification signage for the Premises, at Tenant's expense. Any alterations, additions or improvements to approve or of the contractorPremises including, without limitation, the method initial improvements and alterations, shall at once become the property of payment Landlord. Movable furniture, equipment and trade fixtures shall remain the property of the contractorTenant. Landlord may impose, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s as a condition of its consent to all proposed Alterations requiring Landlord’s consent prior to any alterations, additions or improvements, such requirements as Landlord in its sole discretion may deem advisable or desirable, including, but not limited to, the commencement requirement that Tenant will be responsible, at Tenant's expense, for the removal of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying items upon the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or any earlier termination of this Lease; provided that Landlord shall, at Tenant's written request made at the Lease Termtime of requesting consent to alterations, unless Landlord requires advise Tenant to remove whether removal thereof at the same as provided in Article 20end of the Term is required. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations)Landlord so elects, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and to the Building to its condition and state of Improvement same prior to the making of such demolition alterations, additions or removalimprovements which are so required to be removed at the termination of this Lease, said work of removal and restoration to be performed, at Landlord's sole election, either (i) by Tenant, at Tenant's cost and expense, or (ii) by Landlord at the expense of Tenant and, in the latter election, Tenant shall pay to Landlord, promptly upon Landlord's demand, the amount of Landlord's cost of such removal and restoration. During In the Lease Termevent that as a result of any such alterations, additions or improvements, it shall be necessary for Landlord to make other improvements (including, but not limited to, upgrading of installations of life safety systems or compliance with standards for handicapped persons) in the Building, whether within or without the Premises, then Tenant agrees to provide, at Tenant’s expense, pay the cost of such other improvements if they are a policy condition of insurance covering loss the building permit or damage were otherwise made known by Landlord to Alterations made Tenant prior to the construction by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.;
Appears in 1 contract
Samples: Lease (Daily Journal Corp)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. , Tenant shall restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, howeverNotwithstanding anything herein to the contrary, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Halozyme Therapeutics Inc)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”) in or to the leased Premises without Landlord’s the prior written consentconsent of Landlord, except for nonstructural Alterations that cost $5,000 which consent may be reasonably subject to such conditions as Landlord may deem appropriate. Any such alterations, additions or less and are not visible from the exterior of the Premises. All Alterations installed improvements consented to by Tenant Landlord shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterationsmade at Tenant's sole expense. Tenant shall obtain Landlord’s consent to secure any and all proposed Alterations requiring Landlord’s consent prior to the commencement of governmental permits required in connection with any such Alterations. Tenant’s request for consent work, and shall be accompanied by information identifying the contractor hold Landlord harmless from any and method of payment all liability (including attorney's fees) and two (2) copies of the proposed plans any and specificationsall liens resulting therefrom. All Alterations of whatever kind alterations, additions and nature shall improvements (and expressly including all light fixtures and floor coverings), except trade fixtures and appliances and equipment which do not become at once a part of the realty leased Premises, excepting cabinets and general equipment installed by Tenant which may be removed provided Tenant repairs all damage caused by their removal, shall immediately become the property of Landlord without any obligation to pay therefor, and shall not be surrendered with removed by Tenant. Upon the Premises upon expiration or earlier sooner termination of the Lease TermTerm hereof, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Landlord's Initials SE Tenant's Initials MS at Landlord's option Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s 's sole cost and expense, a policy of insurance covering loss forthwith and with all due diligence, remove any alterations, additions, or damage to Alterations improvements made by Tenant, in an amount adequate which Landlord designates to be removed, and Tenant shall, forthwith and with all due diligence, at its sole cost and expense, repair or replace any damage to the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Premises caused by such removal.
Appears in 1 contract
Samples: Lease Agreement (Optiva Corp /Wa/)
Alterations by Tenant. (a) After initial improvements by Tenant have been completed, Tenant shall not make any alterations, additions decorations, installations, additions, improvements or improvements (“Alterations”) changes to the Premises Leased Premises, including the storefront, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. All work performed by Tenant must be done at Tenant’s sole cost and expense, in a good and workmanlike manner, by duly licensed contractors, in accordance with all applicable laws, ordinances, rules and regulations, and at such times and in such manner as Landlord may from time to time designate.
(b) All improvements and alterations made to the Leased Premises and any equipment installed therein (except for nonstructural Alterations that cost $5,000 Tenant’s trade fixtures) shall immediately become the property of Landlord and shall remain attached to the Leased Premises upon the expiration or less other termination of this Lease. None of such improvements, alterations, additions or changes need be insured by Landlord under such insurance as Landlord may carry at the Shopping Center, nor shall Landlord be required under any provisions of this Lease to reconstruct or reinstall any such alterations, additions, changes or improvements in the event of damage or destruction.
(c) As is typical of buildings of comparable age, the Building and/or Shopping Center contains certain Asbestos Containing Materials ("ACM"). Tenant may review the Operations and are Maintenance Plan ("O&M Plan") with respect to ACM. Tenant shall give the Landlord prior written notice before doing any work in the Leased Premises which might disturb ACM. Tenant shall not, nor shall Tenant permit others to, commence or conduct any activities (including but not visible from the exterior of the Premiseslimited to alterations, renovations or redecorating) in any manner which will disturb ACM except as hereinafter provided. Tenant shall coordinate all such activities with Landlord. All Alterations installed such activities to be performed by or for Tenant shall be new or completely reconditioned. Landlord done by a licensed contractor using licensed individuals, all of whom shall have the right be qualified to approve the contractor, the method of payment of the contractorperform such work, and all such work shall be in compliance with all federal, state and local laws and regulations and the plans O&M Plan. Prior to commencing any work which may disturb ACM, Tenant shall notify all of its employees, agents, contractors, guests, invitees and specifications for all proposed Alterationsvisitors of such work. Tenant shall notify all of such persons and entities of the Tenant's obligations hereunder.
(d) In the event that the floor or ceiling slabs in the Leased Premises or Building must be drilled or penetrated for Tenant’s initial remodeling or subsequent alterations, Tenant shall, at its expense, x-ray the slabs and obtain Landlord’s prior written consent to all proposed Alterations requiring Landlord’s consent prior to the commencement precise location and manner of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying drilling or penetration and the contractor and method manner of payment and two (2) copies protecting the integrity of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20slab.
Appears in 1 contract
Samples: Lease
Alterations by Tenant. Tenant shall not make any --------------------- alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent, which consent shall not be unreasonably withheld provided Tenant complies with the requirements of this Article 7. Notwithstanding the preceding sentence, Tenant may make such interior, non-structural alterations, additions or improvements without Landlord's consent only if the total cost of such alterations, additions or improvements (“Alterations”in the aggregate based upon the total project cost, including soft costs and contingencies, for each project to be undertaken by Tenant) is one hundred thousand dollars ($100,000) or less and such alterations, additions or improvements will not materially affect the structural, exterior or roof elements of the Property or the mechanical, electrical, HVAC, safety, security or plumbing systems of the Property, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. All alterations, additions and improvements in or to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows:
(a) Tenant shall be new or completely reconditioned. submit to Landlord shall have the right along with any request for consent to approve the contractoran alteration and any notice of an alteration for which consent is not required, the method of payment of the contractor, and the complete plans and specifications for all proposed Alterationswork to be done by Tenant. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent Such plans and specifications shall be accompanied prepared by information identifying the contractor responsible licensed architect(s) and method of payment engineer(s), shall comply with all applicable codes, laws, ordinances, rules and two (2) copies regulations, shall not adversely affect any systems, components or elements of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty Property, and shall be surrendered in a form sufficient to secure the approval of all government authorities with jurisdiction over the Property. Such plans shall also include rules and regulations to be incorporated into a construction contract with the Premises upon expiration contractor designed to avoid interference caused by construction, protect safety and regulate construction staging areas. All work done on the Property by Tenant shall utilize union labor exclusively unless Landlord otherwise agrees. Landlord shall have a continuing right to supervise any such construction by Tenant. Landlord shall not unreasonably withhold consent to any alteration, addition or earlier termination improvement provided that it (i) will not materially reduce or materially, adversely affect the value, marketability or development opportunities (except with respect to construction in Expansion Areas, as hereinafter defined) of the Lease TermProperty, unless Landlord requires Tenant to remove or Landlord's campus upon which the same as provided Property is located, (ii) will not cause material interference with Landlord's or its tenants' operations on the Property, (iii) will not cause any material increase in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.Operating Expenses
Appears in 1 contract
Samples: Campus Lease (Monsanto Co /New/)
Alterations by Tenant. Other than alterations, additions or improvements that are necessary for Tenant to perform its maintenance obligations under this Lease and alterations, additions or improvements that are part of the Tenant’s Work, Tenant shall not make any alterations, additions or improvements (“Alterations”) to the structure of the Premises or the Building without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 which consent shall not be unreasonably withheld, conditioned or less and are delayed. To the extent not visible from restricted by the exterior of the Premises. All Alterations installed by foregoing, Tenant shall be new or completely reconditioned. Landlord shall have the right to approve make any alterations, additions or improvements in or to the contractor, Premises which do not alter the method of payment basic character of the contractor, and Building or overload or damage such Building without the plans and specifications for all proposed Alterationsconsent of the Landlord. Tenant shall obtain Landlord’s consent provide Landlord with written notice of such alterations, additions and improvements when the total annual cost of alterations, additions and improvements is equal to all proposed Alterations requiring Landlord’s consent prior or greater than $200,000. Within ten (10) days of receiving such notice, Landlord may notify Tenant if Landlord will require Tenant to remove such improvement at the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Lease. Landlord’s failure to send timely notice shall be deemed to mean that Landlord requires does not require Tenant to remove the same as provided in Article 20alteration. If All alterations, additions and improvements to which Landlord consents or are otherwise permitted hereunder shall be made by Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant at its cost and shall promptly commence and diligently pursue to completion comply with all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of LandlordGovernmental Regulations. Tenant shall restore indemnify and hold Landlord harmless from all claims, lawsuits, costs, expenses, damages or liabilities (including reasonable attorneys’ fees and costs) arising or resulting from Tenant’s alterations, additions or improvements. Tenant shall be permitted to surrender the Premises and at the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided without removal of alterations, additions and improvements installed by or on behalf of Tenant (including Tenant’s Work), but excluding any item that Landlord notified Tenant it must remove in Article 20accordance with the paragraph above, which Tenant must remove at Tenant's sole cost and expense, and repair or restore any damage caused by the installation and removal of such alterations, additions and improvements. Tenant must leave the fire suppression system and the power supply to the Building in good working order and in compliance with Governmental Regulations. Ownership of all alterations, additions and improvements shall remain with Tenant until the Expiration Date or sooner termination of this Lease. The preceding sentence does not apply to Tenant's trade fixtures, equipment and personal property; all of which belong to Tenant and shall Xxxxxxxxxx, Xxxxxxxxx be removed at termination of the Lease, including any generator. Landlord’s approval of any alteration, addition or improvement shall not be deemed an acceptance or approval of any item that is in violation of Governmental Regulations and shall not be a representation of compliance.
Appears in 1 contract
Alterations by Tenant. (a) Tenant shall not may make any alterations, additions or improvements such Permitted Alterations (“Alterations”as hereinafter defined) to the Leased Premises without as it shall from time to time elect to make. Tenant shall notify Landlord in writing prior to making any Permitted Alterations but Landlord’s prior written consent's approval thereof shall not be required if such Permitted Alterations are non-structural in nature, except for nonstructural Alterations have an aggregate cost that cost is less than $5,000 or less 33,000 and are not visible from the Common Building Facilities or exterior of the Leased Premises. All Alterations installed by The following shall be deemed to be Permitted Alterations:
(i) Erection, demolition or alteration of non-load bearing partitions and hung ceilings, including lighting fixtures.
(ii) Painting, decorating and installation of wall and floor coverings. Except for Permitted Alterations, Tenant shall make no alterations, installations, additions or improvements in or to the Leased Premises or any alteration to the mechanical systems of the Building or Leased Premises, including, but not limited to the plumbing and air-conditioning systems of the Building or any part thereof or to other Building apparatus of other or like nature without Landlords prior written consent (any such alteration, installation, addition or improvement as to which Landlord's approval is required being hereinafter referred to as a "Tenant's Change"). Tenant's relocation of movable modular office partitions shall not be new or completely reconditionedconsidered an alteration. Landlord shall have agrees that Landlord will not unreasonably withhold or delay Landlord's consent to Tenant's Changes (including Tenant's initial build-out) provided that such Tenant's Changes:
(i) do not materially adversely affect the right to approve the contractor, the method of payment structural elements of the contractorBuilding;
(ii) do not materially adversely affect the plumbing, electrical and HVAC systems of the plans Building; and
(iii) do not materially adversely affect the outside appearance of the Building.
(iv) do not materially adversely affect the rental or capital value of the Building and/or Executive Park. Landlord may condition Landlord's approval with respect to any Tenant's Changes on Tenant's agreement to remove such Tenant's change and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior restore the portion of the Leased Premises affected thereby to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies condition existing as of the proposed plans and specificationsTerm Commencement Date. All Alterations of whatever kind and nature Nothing contained herein shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires require Tenant to remove any alteration, installation, addition or improvement to the same as provided Leased Premises made in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of connection with finishing the Premises or the Building space for Tenant's initial occupancy (including without limitation any previously-installed AlterationsHVAC installations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. Tenant shall not may, from time to time, at its own expense make any alterationschanges, additions or and improvements (“Alterations”) to the Premises without Landlord’s to better adapt the same to its business, provided that any such change, addition or improvement will (a) comply with all applicable Laws; (b) be made only with the prior written consentconsent of Landlord, except which consent will not be unreasonably withheld; (c) equal or exceed Building Standard; and (d) be carried out only by persons selected by Tenant and approved in writing by Landlord, who will if reasonably required by Landlord deliver to Landlord before commencement of the work performance and payment bonds. Tenant will maintain, or will cause the persons performing any such work to maintain, worker's compensation insurance and public liability and property damage insurance (with Landlord named as an additional insured), in amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant will promptly pay, when due, the cost of all such work and, upon completion, Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment, contractors' affidavits and full and final waivers of all liens for nonstructural Alterations labor, services or materials. Tenant will also pay any increase in property taxes on, or fire or casualty insurance premiums for, the Building attributable to such change, addition or improvement and the cost of any modifications to the Building outside the Premises that cost $5,000 are required to be made in order to make the change, addition or less and are not visible from the exterior of improvement to the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Tenant, at its expense, will have promptly prepared and submitted to Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the reproducible as-built plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specificationschange, addition or improvement upon its completion. All Alterations of whatever kind changes, additions and nature shall improvements to the Premises, whether temporary or permanent in character, made or paid for by Landlord will, without compensation to Tenant, become at once a part of Landlord's property upon installation. All changes, additions and improvements to the realty and shall be surrendered with the Premises Premises, whether temporary or permanent in character, made or paid for by Tenant (without using Landlord's Allowance) will, without compensation to Tenant, become Landlord's property upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.this
Appears in 1 contract
Samples: Lease Agreement (Tickets Com Inc)
Alterations by Tenant. After completion of Tenant’s Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors Xxxxxxxxxx.xxx NNN Lease 15 that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Tenant’s Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue data cabling and other telecommunications equipment installed by Tenant, and shall restore the Leased Premises to completion all Alterations then underway; provided, however, that if Tenant fails the condition they were in prior to do so, at the election installation of Landlordsuch items. Tenant’s obligations hereunder shall survive the expiration or termination of this Lease. Tenant shall restore be permitted to install card readers on the Premises stairwell doors adjacent to floors 4, 9, 13 and 20 of the Bank of America Building, subject to approval by Landlord and the Building to its condition and state City of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Bellevue.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. After completion of Premises Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant's sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant's sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Premises Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue data cabling and other telecommunications equipment installed by Tenant, and shall restore the Leased Premises to completion all Alterations then underway; provided, however, that if Tenant fails the condition they were in prior to do so, at the election installation of Landlordsuch items. Tenant's obligations hereunder shall survive the expiration or termination of this Lease. Tenant shall restore be permitted to install card readers on the Premises stairwell doors adjacent to floor 5 of the Bank of America Building, subject to approval by Landlord and the Building to its condition and state City of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Bellevue.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. After completion of Tenant’s Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Tenant’s Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue to completion all Alterations then underway; provideddata cabling and other telecommunications equipment installed by Tenant, however, that if Tenant fails to do so, at the election of Landlord. Tenant and shall restore the Leased Premises and to the Building to its Xxxxxxxxxx.xxx NNN Lease 17 condition and state of Improvement they were in prior to the installation of such demolition or removalitems. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace obligations hereunder shall survive the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Lease.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. Tenant shall not make any alterations, additions additions, or improvements (“Alterations”) to the Premises without the written consent of Landlord. The kinds of alterations, additions or improvements referred to are those which are of a more or less permanent nature, such as new floors, partitions, wallpaper and paneling. If consent of Landlord is given, then any or all such alterations, additions or improvements, may, if Landlord wishes, become the property of Landlord at the end of the term of the Lease. However, if Landlord wishes, Landlord may require Tenant to remove any or all of such alterations, additions or improvements at the end of the term of the Lease and restore the Premises to the condition it was in when the term of this Lease began fair wear and tear excepted. If initialed by Landlord here: Tenant has Landlord’s prior express written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from permission to paint the exterior walls of the Premisesinterior of the premises. All Alterations installed by However, Tenant shall be new or completely reconditioned. Landlord shall have required to return the right walls to approve their original condition by painting the contractor, walls to the method of payment same color as at the start of the contractor, and Lease by the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination last day of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions does not repaint the walls to the same color as at the start of the Premises or Lease upon vacating the Building (including without limitation any previously-installed Alterations)premises, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, be liable for Landlord’s expenses reasonably incurred for repainting the walls the same color as at the election start of the Lease, which includes at Landlord’s option, hiring painters to paint the walls, along with the cost of any paint and paint supplies reasonable and necessary. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming If Landlord and Tenant initial here: (Landlord’s property manager ) (if anyTenant), then Landlord and Tenant intend and agree there is an Addendum (“Addendum”) attached and incorporated into this Lease outlining customization options or restrictions in greater detail, and both Landlord and Tenant agree to be bound to the terms and conditions contained in the Addendum as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination Terms of this Lease as provided in Article 20Agreement.
Appears in 1 contract
Samples: Residential Lease
Alterations by Tenant. After completion of Premises Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Premises Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue data cabling and other telecommunications equipment installed by Tenant, and shall restore the Leased Premises to completion all Alterations then underway; provided, however, that if Tenant fails the condition they were in prior to do so, at the election installation of Landlordsuch items. Tenant’s obligations hereunder shall survive the expiration or termination of this Lease. Tenant shall restore be permitted to install card readers on the Premises stairwell doors adjacent to floors 3, 4, 9, 13 and 20 of the Bank of America Building, subject to approval by Landlord and the Building to its condition and state City of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Bellevue.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. Following completion of the Leasehold Improvements, Tenant shall not may, from time to time, at its own expense make any alterationsnon-structural changes, additions or additions, and improvements (“Alterations”) to the Premises without to better adapt the same to its business, provided that any such change, addition, or improvement shall (i) be approved by Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 which approval shall not be unreasonably withheld, conditioned or less delayed, (ii) comply with all Laws, and are not visible from the exterior of (iii) be performed in a good and workmanlike manner. All changes, additions and improvements to the Premises. All Alterations installed , whether temporary or permanent in character, made or paid for by Landlord or Tenant shall be new or completely reconditioned. Landlord shall have the right to approve property of Tenant during the contractorTerm of this Lease, but at the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Termall such changes, additions and improvements to the Premises (excluding Tenant’s trade fixtures) shall become Landlord’s property, and shall remain upon the Premises (unless Landlord requires Tenant to remove the same as provided elects otherwise, in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do sowriting, at the election of Landlord. Tenant shall restore the Premises and the Building to time Landlord provides its condition and state of Improvement prior consent to such demolition changes, additions and improvements or removalwithin ten (10) days after written notice with respect to any changes, additions and improvements not requiring Landlord’s consent), all without compensation, allowance or credit to Tenant. During If at the Lease Termtime Landlord consents to their installation, Landlord requests or approves the removal by Tenant of any such changes, additions or improvements upon termination of this Lease, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and will remove the same upon expiration or earlier termination of this Lease, subject to the terms of Section 15 of this Lease. All other changes, additions and improvements will remain Landlord’s property upon termination of this Lease as and will be relinquished to Landlord in good condition, ordinary wear and tear excepted. Notwithstanding the foregoing, Tenant may perform any alteration to the interior of the Premises without the prior written consent of, but with at least ten (10) business days’ prior written notice to, Landlord provided such alteration (or the performance thereof) does not (i) affect the Building’s Systems; (ii) affect the Building’s Structure or require penetration of the floor or ceiling of the Premises; (iii) cost more than $20,000 in Article 20any one instance; (iv) require the issuance of a building permit, and further provided that such alteration (and the performance thereof) shall otherwise be in compliance with the provisions of this Section 7 (except for the requirement of Landlord’s consent).
Appears in 1 contract
Samples: Lease Agreement (Solid Power, Inc.)
Alterations by Tenant. (a) Tenant shall will not paint, decorate or change the architectural treatment of any part of the exterior of the Premises, place any sign on the exterior of the Premises nor make any alterations, additions or improvements changes in the Premises that otherwise require a permit (collectively “Alterations”) without Landlord’s approval. Landlord’s consent may be given on such conditions as Landlord may elect. Landlord shall not unreasonably withhold its consent to any Alterations so long as: (i) the cost thereof does not exceed $5,000 and (ii) such Alterations do not affect the structure or exterior or the portion of the Building, or the electrical, mechanical, HVAC, telecommunications, plumbing, life safety or other Building systems. Any and all Alterations to the Premises without Landlord’s prior written consent, shall become the property of Landlord upon termination of this Lease (except for movable equipment, personal property or furniture owned by Tenant). Landlord may, nonetheless, require Tenant to remove any portion of or all of the Tenant Improvements, fixtures, equipment, and other improvements installed on the Premises (“Additional Improvements”), and restore the Premises to its original condition, reasonable wear and tear excepted. In the event that Landlord so elects, and Tenant fails to remove the Additional Improvements, Landlord may remove the Additional Improvements at Tenant’s cost. Tenant shall pay Landlord on demand all costs incurred in removing Additional Improvements and restoration of the Premises as required.
(b) All Alterations shall be performed in accordance with the standards contained in this Section. No Alterations shall be undertaken without the prior consent of the holder of any Mortgage requiring consent. Any structural or nonstructural Alterations that involving an estimated cost of more than $5,000 25,000 shall be conducted under the supervision of an architect or less and are not visible from the exterior of the Premises. All Alterations installed engineer selected by Tenant and approved by Landlord (such approval not to be unreasonably withheld). No structural Alterations or Alterations involving any electrical, mechanical, plumbing, HVAC or life safety system on the Premises shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the made except in accordance with detailed plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any and cost estimates prepared and approved in writing by such Alterations. Tenant’s request for consent shall be accompanied architect or engineer and by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore reimburse Landlord within 10 days of Tenant’s receipt of a xxxx or estimate therefor for all reasonable costs and expenses incurred by Landlord in connection with the review and inspection of Alterations for which consent may be required, including, but not limited to, architects and engineer’s fees and costs. Any Alterations shall, when completed, be of such a character as not to reduce the value of the Premises and the Building to below its condition and state of Improvement value immediately prior to such demolition Alterations. No Alterations shall be undertaken until Tenant shall have procured and paid for all required permits and authorizations of all municipal departments and governmental subdivisions having jurisdiction and furnished copies to Landlord. Tenant shall comply with all conditions of any permits and with other Legal Requirements and all provisions of this Lease applicable to Tenant Improvements in a prompt and expeditious manner. Any Alterations shall be made promptly and in a first-class and workmanlike manner and in a manner that minimizes inconvenience to and disruption of the other occupants of the Complex and their businesses. The cost of such Alterations shall be paid promptly so that the Premises shall at all times be free of liens for labor and material supplied or removalclaimed to have been supplied to the Premises. During Tenant shall maintain during the Lease Termperiod of such Alterations workmen’s compensation insurance covering all persons employed in connection with the work being performed and contractor’s liability insurance for the mutual benefit of Tenant and Landlord with limits of not less than $2,000,000 single limit in the event of bodily injury to one or more persons or property damage in any occurrence. All such insurance shall be issued by a company or companies approved by Landlord, such approval not to be unreasonably withheld. All policies or certificates therefore, together with evidence satisfactory to Landlord of payment of premiums shall be delivered to Landlord, or, when appropriate, to any mortgagee, in which case copies of the policies or certificates of such insurance shall be delivered by Tenant agrees to provideLandlord. All Alterations shall be performed by a contractor approved by Landlord (which approval shall not unreasonably be withheld). The quality of the work and materials for such Alterations shall be not less than Building Grade. The Alterations, once commenced, prosecuted continuously, in good faith and with due diligence until completed. Tenant shall promptly upon completion of any alterations or improvements furnish Landlord with as-built plans and specifications (in such medium as specified by Landlord) regardless of whether or not consent was required.
(c) In the event that Landlord reasonably determines that any Alterations by Tenant would disrupt the other tenants in the Complex, Landlord may require that all work performed by or on behalf of Tenant be performed only during non-Normal Business Hours.
(d) Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area that such floor was designed to carry and which may be allowed by law. Landlord reserves the right to prescribe the weight limitations and position of all heavy equipment and similar items, and to prescribe the reinforcing necessary, if any, which in the opinion of the Landlord may be required under the circumstances, such reinforcing to be at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. Section 9.4.3 of the General Terms and Conditions to Lease is deleted in its entirety and the following provision is substituted: Any Alterations shall be made at Tenant's sole cost, payable by Tenant as Additional Rent; and such cost shall include a supervisory fee of three percent (3%) of the total cost of the work for which Landlord shall oversee the construction of the Alterations to ensure (i) compliance with the rules and regulations set forth in the Lease and as established for the Building generally, (ii) that the construction does not make any alterationsinterfere with other tenants’ uses of their respective premises or the Common Areas of the Building and (iii) that the Alterations are in compliance with building standard qualities. Upon completion of the Alterations, additions or improvements (“Alterations”) the contractor shall provide Landlord with as-built drawings, operating manuals and lien waivers with respect to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20same. If Tenant demolishes makes any Alterations in violation of Section 9, in addition to Landlord's other remedies, Landlord may correct or removes remove such Alterations and Tenant shall, on demand, pay the cost thereof (plus three percent (3%) of such cost as a supervisory fee) as Additional Rent. If any then-existing tenant improvements or other portions of mechanic's lien is filed against the Premises or the Building or the Center for work or materials furnished to Tenant (including without limitation other than by Landlord) the lien shall be discharged by Tenant within thirty (30) days thereafter, solely at Tenant's expense, by either paying off or bonding the lien. Should Tenant fail to discharge any previously-installed Alterations)lien within thirty (30) days of its filing, then, in addition to Landlord's other remedies, Landlord shall have the right, but not the obligation, to discharge said lien at Tenant's expense, in which case Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming reimburse Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove for the same upon expiration or earlier termination demand, as Additional Rental, together with interest accounting from the date of this Lease as provided in Article 20demand until payment is made.
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Alterations by Tenant. Other than the initial Tenant Improvements, --------------------- Tenant shall not make any no alterations, additions or improvements (“Alterations”) to the Premises without the prior written consent of Landlord’s , which consent shall not be unreasonably withheld or delayed. Landlord may impose, as a condition of such consent, such reasonable requirements as Landlord may deem desirable including, without limitation, the requirement that Tenant remove such alterations, additions or improvements upon the expiration or earlier termination of the Lease. Landlord shall advise Tenant in writing at the time Tenant makes its initial Tenant Improvements under the Work Letter (as to the initial Tenant Improvements) and at the time Tenant requests Landlord's consent to any subsequent alterations whether Landlord will require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of this Lease. Notwithstanding the requirements in this Section 7.3, nonstructural alterations, additions or improvements which do not affect building systems or the exterior of the Premises and that cost less than Fifty Thousand Dollars ($50,000) in the aggregate in any calendar year shall not require Landlord's prior written consent, except but Landlord shall be entitled to at least ten (10) days prior written notice thereof before Tenant commences such alterations, additions or improvements. Tenant shall submit all plans and specifications relating to any proposed alterations, additions or improvements which exceed Fifty Thousand Dollars ($50,000) in the aggregate in any calendar year to Landlord for nonstructural Alterations that cost $5,000 Landlord's prior written approval. No materials used in Tenant's alterations shall be subject to any security interest or less lien and are not visible from no part of the Premises shall be subject to any mechanics' or materialmen's lien by reason of Tenant's alterations. No such alterations shall affect the exterior appearance of the PremisesPremises and it shall be deemed reasonable for Landlord to refuse to consent to any such alterations. All Alterations installed work approved by Landlord shall be performed by Tenant or Tenant's contractors in a first-class, diligent and workmanlike manner and so as not to unreasonably interfere with any owners, tenants or occupants of adjoining premises or buildings. Tenant shall utilize for such purposes only licensed contractors and materials reasonably approved in writing by Landlord (and Landlord hereby approves Xxxxx Xxxxx). Any construction by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and in conformance with the plans and specifications for reasonably approved by Landlord and with any and all proposed Alterationsapplicable rules and regulations of any federal, state, county or municipal agency or other governmental body having jurisdiction over the Premises (including, without limitation, the Americans With Disabilities Act and its state and local counterparts) and with any applicable codes and ordinances regardless of whether such rules, regulations, codes or ordinances relate to structural, permanent or non-structural alterations. All alterations of Tenant shall be done at Tenant's sole cost and expense. Tenant shall obtain Landlord’s consent agrees to all proposed Alterations requiring Landlord’s consent give Landlord written notice of the commencement date of any such approved alterations, improvements, additions or repairs to be made within the Premises at least ten (10) days prior to the commencement of any such Alterationswork in order to give Landlord time to post notices of nonresponsibility. Tenant’s request Tenant further agrees to reimburse Landlord all of Landlord's reasonable costs incurred for consent shall be accompanied by information identifying the contractor and method review of payment and two (2) copies of the proposed any plans and specifications. All Alterations specifications submitted by Tenant for its alterations (other than the initial Tenant Improvements) and in reviewing the progress of whatever kind and nature shall become at once a part such alterations, but not to exceed Two-Thousand five Hundred Dollars ($2,500) for each set of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20alterations.
Appears in 1 contract
Samples: Office Lease (Chemdex Corp)
Alterations by Tenant. Tenant shall not make any alterationsno changes, renovations, improvements, alterations or additions or improvements (“Alterations”) to the Premises or any other portion of the Unit or Property (“Tenant Alterations”), without Landlord’s the prior written consentpermission of Landlord, except for nonstructural Alterations that cost $5,000 which shall not be unreasonably withheld, conditioned or less and are not visible from the exterior of the Premisesdelayed. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the submit plans and specifications for all proposed Alterations. any such Tenant shall Alterations to Landlord and obtain Landlord’s written consent prior to commencing any such work in connection with such Tenant Alterations. Landlord reserves the right to require all proposed Alterations requiring approved work to be done under Landlord’s consent supervision using Landlord’s approved contractors, all at Tenant’s cost and expense. All Tenant Alterations shall be performed in a good and workmanlike manner by properly licensed contractors approved in writing by Landlord and shall be in compliance with all Applicable Laws. In connection with any Tenant Alterations, Tenant shall secure all insurance requirements set forth in Exhibit D. If the Tenant Alterations are performed by Tenant’s contractors, then Tenant shall supply fully-executed lien waivers from any contractors who perform work or furnish materials to or on the Premises upon completion of the Tenant Alterations or prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied the work if permitted by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of LandlordApplicable Laws. Tenant shall restore be required to remove any Tenant Alterations (other than Cosmetic Alterations) upon the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided if Landlord requires removal when providing its consent to such Tenant Alteration. If applicable, Tenant shall also obtain all required approvals of the Executive Board of the Nova Place Condominium required with respect to the Tenant Alterations and shall fully comply with all requirements of the Condominium relating to such Tenant Alterations. Notwithstanding anything to the contrary set forth in Article 20this Lease, Tenant shall be permitted to make Tenant Alterations, upon notice to Landlord (which shall include reasonable details) but without obtaining Landlord’s prior written consent, to make so-called decorative and/or cosmetic alternations to the Premises (including, but not limited to, hanging pictures and whiteboards, minor painting, and installing minor floor coverings and related products) which do not involve or which might affect any structural or exterior element of the Building, any area or element outside of the Premises, or any Building/Property system or facility serving any area of the Building/Property outside of the Premises, or which will require unusual expense to re-adapt the Premises to normal office use on the termination or expiration of the Lease (collectively, “Cosmetic Alterations”), which Cosmetic Alterations shall not exceed Ten Thousand and 00/100 Dollars ($10,000.00) per alteration or Twenty Thousand and 00/100 Dollars ($20,000.00) in the aggregate in any calendar year.
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Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. , Tenant shall restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. , Tenant shall restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant Txxxxx agrees to provide, at Tenant’s Txxxxx's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s 's property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Aethlon Medical Inc)
Alterations by Tenant. Tenant shall may from time to time at its own expense make changes, additions and improvements to the Premises to better adapt the same to its business, provided that any such change, addition or improvement will (a) comply with all applicable Laws; (b) be made only with the prior written consent of Landlord, which consent will not be unreasonably withheld; (c) equal or exceed Building Standard; and (d) be carried out only by persons selected by Tenant and approved in writing by Landlord, who will if required by Landlord deliver to Landlord before commencement of the work performance and payment bonds. Tenant will maintain, or will cause the persons performing any such work to maintain, worker’s compensation insurance and public liability and property damage insurance (with Landlord named as an additional insured), in amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant will promptly pay, when due, the cost of all such work and, upon completion, Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment, contractors’ affidavits and full and final waivers of all liens for labor, services or materials. Tenant will also pay any increase in property taxes on, or fire or casualty insurance premiums for, the Building attributable to such change, addition or improvement and the cost of any modifications to the Building outside the Premises that are required to be made in order to make the change, addition or improvement to the Premises. Tenant, at its expense, will have promptly prepared and submitted to Landlord reproducible as-built plans of any alterationssuch change, addition or improvement upon its completion. All changes, additions and improvements to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant will, without compensation to Tenant, become Landlord’s property upon installation. If at the time Landlord consents to their installation, Landlord requests or approves the removal by Tenant of any such changes, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations)this Lease, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and will remove the same upon expiration or earlier termination of this Lease as provided in Article 20Section 15.
1. All other changes, additions and improvements will remain Landlord’s property upon termination of this Lease and will be relinquished to Landlord in good condition, ordinary wear and tear excepted.
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Alterations by Tenant. Tenant shall not may from time to time at its own expense make any alterationschanges, additions or and improvements (“Alterations”) to the Premises without Landlord’s (individually or collectively referred to as "Alterations") to better adapt the same to its business, provided that any such Alterations (a) will comply with all applicable Laws; (b) will be made only with the prior written consentconsent of Landlord, except for nonstructural Alterations that which consent will not be unreasonably withheld, conditioned or delayed; (c) will equal or exceed Building standard; (d) will be carried out only by persons selected by Tenant and approved in writing by Landlord (which approval will not be unreasonably withheld, conditioned or delayed); (e) do not exceed or materially affect the capacity, maintenance, operating cost $5,000 or less integrity of the Building's structure or any of its heating, ventilating, air conditioning, plumbing, mechanical, electrical, communications or other systems; and are (f) does not visible from alter the exterior of the PremisesBuilding in any way. All Alterations installed by Notwithstanding the foregoing, Tenant shall be new or completely reconditioned. Landlord shall have the right to approve make interior, cosmetic alterations to the contractorPremises and other minor, nonstructural, interior alterations having a cost of less than $25,000 with respect to such alteration or group of related alterations ("Minor Alterations") for its own benefit, and not for the benefit of Landlord, upon notice to Landlord but without first obtaining Landlord's consent provided such alterations do not modify in any respect or otherwise materially affect the Building systems and are otherwise performed in accordance with the terms of this Lease. Tenant will maintain, or will cause the persons performing any such work to maintain, worker's compensation insurance and public liability and property damage insurance (with Landlord named as an additional insured), in amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant will promptly pay, when due, the method cost of payment all such work and, upon completion, Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Except as provided in the contractorimmediately following sentence, and Tenant will pay to Landlord the plans and specifications for Construction Administration Fee on all proposed Alterations. Notwithstanding the foregoing, the Construction Administration Fee shall not apply with respect to the original Tenant Leasehold Improvements to the Premises or to any Minor Alterations unless such Minor Alterations require a building permit. Tenant shall obtain Landlord’s consent pay to all proposed Alterations requiring Landlord’s consent prior Landlord the cost of any modifications to the commencement Building outside the Premises that are required to be made in order to make the Alterations to the Premises, provided such cost is disclosed to Tenant at the time of Landlord's approval of such Alterations. Notwithstanding the foregoing, Landlord shall reserve the right to adjust the cost disclosed to Tenant in the event such cost is increased as a result of a concealed condition or unanticipated event, the presence or likelihood of which Landlord could not have reasonably discovered or anticipated at the time of Tenant's request. Tenant, at its expense, will have promptly prepared and submitted to Landlord reproducible as-built CAD plans of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specificationschange, addition or improvement requiring a building permit upon its completion. All changes, additions and improvements to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant will, without compensation to Tenant, become Landlord's property upon installation. If at the time Landlord consents to their installation, Landlord requests or approves the removal by Tenant of any such Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations)this Lease, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and will remove the same upon expiration or earlier termination of this Lease as provided in Article 20Section 3.4. Landlord agrees that it will not require such removal unless the Alteration shall make the cost of renovating the Premises for office use following the expiration or termination of this Lease materially more expensive than if such Alteration had not been made. By way of illustration and not limitation, the installation of raised flooring for a computer room, interconnecting stairwell, additional toilet rooms, non-Building Standard ceilings or healthclub would constitute an Alteration that would make the cost of renovating the Premises following expiration or termination of this Lease materially more expensive, but partitioning, special entry lobby features such as a plaster or sheetrock ceiling (provided ceiling height is maintained at nine (9) feet), special lighting or special partition finishes or surfaces (such as glass block) would not. All other Alterations will remain Landlord's property upon termination of this Lease and will be relinquished to Landlord in good condition, ordinary wear and tear excepted.
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Alterations by Tenant. After completion of Tenant’s Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Tenant’s Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue to completion all Alterations then underway; provideddata cabling and other telecommunications equipment installed by Tenant, however, that if Tenant fails to do so, at the election of Landlord. Tenant and shall restore the Leased Premises and to the Building to its condition and state of Improvement they were in prior to the installation of such demolition or removalitems. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace obligations hereunder shall survive the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Lease.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. Tenant shall may from time to time at its own expense make changes, additions and improvements to the Premises to better adapt the same to its business, provided that any such change, addition or improvement will (a) comply with all applicable Laws; (b) be made only with the prior written consent of Landlord, which consent will not be unreasonably withheld; (c) equal or exceed Building Standard; and (d) be carried out only by persons selected by Tenant and approved in writing by Landlord (WHICH APPROVAL SHALL NOT BE UNREASONABLY WITHHELD OR DELAYED), who will if required by Landlord deliver to Landlord before commencement of the work performance and payment bonds. Tenant will maintain, or will cause the persons performing any such work to maintain, worker's compensation insurance and public liability and property damage insurance (with Landlord named as an additional insured), in amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant will promptly pay, when due, the cost of all such work and, upon completion, Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant will also pay any increase in property taxes on, or fire or casualty insurance premiums for, the Building attributable to such change, addition or improvement and the cost of any modifications to the Building outside the Premises that are required to be made in order to make the change, addition or improvement to the Premises. Tenant, at its expense, will have promptly prepared and submitted to Landlord reproducible as-built plans of any alterationssuch change, addition or improvement upon its completion. All changes, additions and improvements to the Premises, whether temporary or permanent in character, made or paid for by Landlord or Tenant will, without compensation to Tenant, become Landlord's property upon EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. If at the time Landlord consents to their installation, Landlord requests or approves the removal by Tenant of any such changes, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations)this Lease, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and will remove the same upon expiration or earlier termination of this Lease as provided in Article 20Section 15.
1. All other changes, additions and improvements will remain Landlord's property upon termination of this Lease and will be relinquished to Landlord in good condition, ordinary wear and tear excepted. DURING THE TERM, TENANT SHALL BE ENTITLED TO REMOVE ALTERATIONS, CHANGES, OR IMPROVEMENTS, PROVIDED THAT TENANT REPAIRS ANY DAMAGE CAUSED BY SUCH REMOVAL. TENANT SHALL NOT BE REQUIRED TO REMOVE ANY ALTERATIONS, ADDITIONS, IMPROVEMENTS, OR UTILITY INSTALLATIONS FOR WHICH TENANT HAS OBTAINED LANDLORD'S CONSENT, UNLESS LANDLORD HAS INDICATED AT THE TIME OF GRANTING SUCH CONSENT THAT SUCH REMOVAL WILL BE REQUIRED AT THE END OF THE LEASE TERM.
Appears in 1 contract
Samples: Lease Agreement (Medibuy Com Inc)
Alterations by Tenant. Tenant shall not make any --------------------- alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent, which consent shall not be unreasonably withheld provided Tenant complies with the requirements of this Article 7. Notwithstanding the preceding sentence, Tenant may make such interior, non-structural alterations, additions or improvements without Landlord's consent only if the total cost of such alterations, additions or improvements (in the aggregate based upon the total project cost, including soft costs and contingencies, for each project to be undertaken by Tenant) is one hundred thousand dollars ($100,000) or less and such alterations, additions or improvements will not materially affect the structural, exterior or roof elements of the Property or the mechanical, electrical, HVAC, safety, security or plumbing systems of the Property, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. All alterations, additions and improvements in or to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows:
(a) Tenant shall submit to Landlord along with any request for consent to an alteration and any notice of an alteration for which consent is not required, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect any systems, components or elements of the Property, and shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Property. Such plans shall also include rules and regulations to be incorporated into a construction contract with the contractor designed to avoid interference caused by construction, protect safety and regulate construction staging areas. All work done on the Property by Tenant shall utilize union labor exclusively unless Landlord otherwise agrees. Landlord shall have a continuing right to supervise any such construction by Tenant. Landlord shall not unreasonably withhold consent to any alteration, addition or improvement provided that it (i) will not materially reduce or materially, adversely affect the value, marketability or development opportunities (except with respect to construction in Expansion Areas, as hereinafter defined) of the Property, or Landlord's campus upon which the Property is located, (ii) will not cause material interference with Landlord's or its tenants' operations on the Property, (iii) will not cause any material increase in Operating Expenses (unless Tenant agrees in writing to pay 100% of such increase in accordance with section 7.1(d) hereof), and (iv) does not adversely affect the structural, -------------- exterior or roof elements of the Property or the mechanical, electrical, plumbing or life safety systems of the Property and (v) shall be architecturally harmonious with the remainder of the building and other improvements on the Property. If Landlord reasonably determines that an alteration, addition or improvement requested by Tenant is specific to Tenant's business so that it will materially diminish the marketability of the space affected thereby to other users, Landlord shall have the right to condition its consent to such alteration, addition or improvement upon Tenant agreeing to reasonably modify the affected space upon the termination of this Lease (or, if applicable, the earlier partial termination of this Lease with respect to the affected space in accordance with section 6.3). ----------- Landlord and Tenant agree that basic laboratories and basic office space shall not be considered non-marketable for purposes of this section 7.1, but ----------- that specialized laboratories, greenhouses, growth xxxxxxxx, animal facilities and pilot plant facilities shall be considered non-marketable. Landlord and Tenant agree to reasonably cooperate with each other with respect to zoning, permitting and governmental approvals related to efforts to maximize the development opportunities on the Property.
(b) Tenant shall obtain all required permits for the work. Tenant shall engage responsible licensed contractor(s) to perform all work who shall carry reasonable insurance. Tenant shall perform all work in accordance with the plans and specifications approved by Landlord, in a good and workmanlike manner, in full compliance with all applicable laws, codes, ordinances, rules and regulations, and free and clear of any mechanics' liens. Tenant shall pay for all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions and improvements. Tenant shall pay to Landlord all reasonable third party fees, costs and expenses incurred by Landlord in connection with the review, approval and supervision of any alterations, additions or improvements made by Tenant. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of the design of any work, construction of any work, or delay in completion of any work performed by, or at the direction, of Tenant.
(“Alterations”c) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least five (5) business days prior to such date. Tenant shall keep the Premises without Landlord’s and the Property free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based. Tenant shall have the right to contest the amount or validity of any such lien, provided Tenant gives prior written consentnotice of such contest to Landlord, except prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon any action to enforce or execute upon such lien or, upon Landlord's request if Landlord is attempting to finance (including sale leaseback transactions) or sell the Property or any portion of it, (i) furnishes such bond as may be required by law to eliminate such lien or (ii) causes a title company to insure over such lien for nonstructural Alterations that cost $5,000 the benefit of Landlord and any buyer or less lender, or (iii) furnish such other security as Landlord may reasonably approve to protect the Premises and are not visible the Property from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditionedsuch lien. Landlord shall have the right to approve post and keep posted on the contractorPremises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord, the method of payment of Premises and the contractorProperty from such liens, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of take any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless other action Landlord requires Tenant deems necessary to remove or discharge, at the same as provided in Article 20. If Tenant demolishes or removes expense of Tenant, any then-existing tenant improvements liens or other portions of the Premises encumbrances that Tenant is required to eliminate, remove or the Building (including without limitation any previously-installed Alterations)provide security against, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant but fails to do so.
(d) If any alteration, at addition or improvement to the election of Landlord. Premises made by Tenant increases Operating Expenses, Tenant shall restore be responsible for the payment of such increase. To the extent such increase represents a one time or infrequent expense, Landlord may xxxx Tenant for the amount of such increase and Tenant shall pay the same within sixty (60) days following delivery of invoice. To the extent such increase represents an on-going increase in Operating Expenses, Landlord may include the amount of such increase in the amount charged to Tenant on a monthly basis for Tenant's allocable share of Operating Expenses. Similarly, if any alteration, addition or improvement made by Landlord, other than changes which are to common areas or which are of some utility to Tenant, causes any increase in Operating Expenses, Tenant shall not be responsible to pay Tenant's Percentage Share of such increase, unless the increased cost is offset by a reduction in Tenant's Percentage Share.
(e) No alteration to the Premises by Tenant shall materially interfere with the use and enjoyment of the Building Property (other than the Premises) by Landlord or any persons or entities occupying any portion of the Property through Landlord, so long as Landlord and such other persons are using the Property for office and/or research purposes. If and to its condition the extent Landlord or such other persons or entities are using the Property for lawful purposes other than office and state of Improvement prior to such demolition or removal. During the Lease Termresearch, Tenant agrees shall exercise good faith and commercially reasonable efforts to provide, at Tenant’s expense, a policy of insurance covering loss or damage prevent any alterations to Alterations the Premises made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance from materially interfering with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20such other uses.
Appears in 1 contract
Samples: Campus Lease (Monsanto Co /New/)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or any building(s) of which the Building Premises are a part (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all the Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant underway or shall otherwise restore the Premises and any building(s) of which the Building Premises are a part to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s 's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Avanir Pharmaceuticals)
Alterations by Tenant. Tenant shall not make or cause to be made any alterations, additions additions, or improvements (“Alterations”) to the Premises leased premises or install or cause to be installed any exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades, canopies or awnings, or make any changes to the leased premises without Landlord’s the prior written consentapproval of Landlord, except which approval shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for nonstructural Alterations that cost $5,000 or less and are not visible from such work at the exterior of the Premisestime approval is sought. All Alterations installed alterations, decorations, additions, and improvements made by Tenant shall be new deemed to have been attached to the leasehold and to have become the property of Landlord upon such attachment and upon expiration of this Lease or completely reconditionedany renewal term thereof. Landlord The Tenant shall have not remove any of such alterations, decorations, additions, and improvements except trade fixtures installed by Tenant (including safes, surveillance equipment and similar fixtures) and personal property of Tenant (hereinafter referred to as "Tenant's Property"). Landlord, at the right to approve the contractor, the method of payment expiration of the contractorterm, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent may elect to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires require Tenant to remove all or any part of Tenant's Property and/or the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations alterations made by Tenant, and, in an amount adequate such event, such removal shall be done at Tenant's cost and expense, and Tenant shall, at its cost and expense, repair any damage to repair the leased premises or replace the samebuilding caused by such removal, naming provided that Landlord may remove such Tenants Property and/or alterations, and Tenant shall pay to Landlord’s property manager , Landlord's cost of removal within ten (if any10) as additional insuredsdays after the receipt of a bill therefor. ProvidedIn the event Landlord does not so elect and Tenant vaxxxxs the leased premises without so removing Tenant's Property, howeversuch Tenant's Property and/or alterations, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20shall become Landlord's property.
Appears in 1 contract
Alterations by Tenant. Throughout the Lease Term and any extensions thereof, Tenant shall not make any alterations, additions or improvements (“Alterations”) have the following rights and obligations with respect to the Premises without Tenant Alterations:
13.2.1 Tenant shall have the right to make Tenant Alterations in keeping with a Class “A”, corporate headquarters environment provided Tenant receives Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 such consent not to be unreasonably withheld, conditioned or less and are not visible from delayed. Notwithstanding the exterior of the Premises. All Alterations installed by foregoing, Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractormake Tenant Alterations without Landlord’s prior consent, the method of payment of the contractorprovided, however, such Tenant Alterations are in keeping with a Class “A”, corporate headquarters environment, are non-structural in nature, and are compatible with the plans Building systems, and specifications for all proposed Alterationsprovided further that Tenant delivers as-built drawings of such Tenant Alterations to Landlord. For those Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior written consent, Landlord shall give its written approval to contractors hired by Tenant to perform the Tenant Alterations prior to the commencement of the Tenant Alterations, such approval not to be unreasonably withheld, conditioned or delayed.
13.2.2 Provided the Tenant Alterations are reasonably in keeping with a Class “A”, corporate headquarters environment, Tenant will have no obligation to remove the Tenant Alterations and restore the Demised Premises upon the surrender of the Demised Premises at the Lease Expiration Date or earlier termination of the Lease Term.
13.2.3 Tenant shall not use the Demised Premises or make any Tenant Alterations in violation of any of the Rules and Regulations complying with Article 12.1 or in violation of any law, statute, ordinance, rule, or regulation of any entity having legal jurisdiction over such Alterations. Tenant’s request for consent subjects.
13.2.4 All Tenant Alterations shall be accompanied by information identifying at the contractor sole cost and method expense of payment and two (2) copies of Tenant and, if affixed to the proposed plans and specifications. All Alterations of whatever kind and nature Building, shall become at once a part of the realty Demised Premises and shall be surrendered with become the Premises upon expiration property of Landlord at the Lease Expiration Date or earlier termination of the Lease Term, unless Landlord requires such alterations and additions are Tenant’s trade fixtures, equipment, furniture and other personal property of Tenant, which are freely removable by Tenant. Notwithstanding the foregoing, if Tenant elects to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises Tenant Alterations, then such alterations or additions shall become the Building (including without limitation property of Tenant upon removal and Tenant may remove such alterations or additions or any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, portion thereof at Tenant’s expense upon the election Lease Expiration Date or earlier termination of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, provided Tenant agrees to providerepairs, at Tenant’s expense, any damage caused by such removal.
13.2.5 All Tenant Alterations shall be made: (i) in a policy good and workmanlike manner and otherwise in accordance with the Rules and Regulations; (ii) using first-class new or recycled materials only; (iii) on days, at times and under the supervision of an architect approved in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed; (iv) if Tenant is not the sole Tenant of the Building, after coordinating the work schedule and scope with the Building’s property manager to avoid undue interference with the normal operations and use of the Building; (v) in accordance with plans and specifications prepared by an engineer or architect reasonably acceptable to Landlord, which plans and specifications shall be approved in writing by Landlord to the extent Landlord’s consent is required pursuant to Article 13.2.1; (vi) in accordance with all applicable, statutes, ordinances, rules, and regulations of governmental authorities, and insurance covering loss requirements; (vii) after obtaining public liability, Builder’s Risk and workers’ compensation insurance policies approved in writing by Landlord, which policies shall cover every person who will perform any work with respect to such alteration; and (viii) after Tenant has obtained any permits necessary for the alterations. Upon completion of the Tenant Alterations, Tenant shall provide Landlord final lien waivers from the contractor and subcontractors performing such work and as-built plans or damage drawings with respect to such Tenant Alterations made whether Landlord’s consent to such Tenant Alterations was required hereunder.
13.2.6 Subject to the waivers of subrogation set forth in Article 17, Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising by reason of the Tenant Alterations caused by Tenant, or its contractors, agents (excluding Landlord or its contractors, agents or employees) or employees. If any Tenant Alterations are made without the prior written consent of Landlord where consent is required by this Lease or are otherwise not made in an amount adequate accordance with this Article 13, Landlord shall have the right, upon prior written notice to repair or replace Tenant to remove and correct such work and restore the sameDemised Premises to their condition immediately prior thereto, naming and Tenant shall be liable for all reasonable expenses incurred by Landlord and in connection therewith. The failure of Landlord to object in writing to Tenant to such Tenant Alterations within thirty (30) days of Landlord’s property manager receipt of as-built drawings for such Tenant Alterations shall be deemed to be written consent by Landlord of such Tenant Alterations.
13.2.7 Notwithstanding anything else herein contained to the contrary, Tenant shall have the right to perform any work reasonably necessary to connect the Demised Premises to Tenant’s emergency back-up equipment, upon Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. This work shall include, but not be limited to, core drilling or trenching of the floor slab, if reasonably necessary, subject to Landlord’s reasonable consent.
13.2.8 Notwithstanding the foregoing, if Tenant knew the Tenant Alterations would increase the rate of Landlord’s fire or other insurance on the Building or cause it to be voided or suspended, then in such event Tenant shall, within ten (10) days following notice from Landlord, correct the condition specified by such notice that actually has caused or will cause such insurance to increase (unless Tenant, within thirty (30) days of notice from Landlord of such increase, pays the cost of any such increase to Landlord and, thereafter, pays all such increases as and when such premiums are due). If Tenant did get the prior approval of Landlord for the Tenant Alterations and later receives notice from Landlord that such Tenant Alterations will cause the rate of fire or other insurance on the Building to increase or has caused or will cause such insurance to be voided or suspended, then if any) the result is an increase in the cost of insurance, Landlord shall pay the cost of such insurance increase and such increased cost shall not be included as additional insureds. ProvidedOperating Expenses; provided, however, if Landlord consults its insurance carrier and is initially advised that such Tenant may install movable furnitureAlterations would not increase the rate of fire or other insurance on the Building and such rate of insurance then increases at some time in the future as a result of such Tenant Alterations, trade fixturesthen such increased cost shall be included in Operating Expenses. Otherwise, machinery or equipment In conformance Tenant shall, within ten (10) days of notice from Landlord discontinue such Tenant Alterations, and Landlord shall pay all costs to Tenant associated with applicable governmental rules or ordinances such discontinuance and Landlord shall remove the same upon expiration or earlier termination of this Lease as provided in Article 20Tenant Alterations and restore the Demised Premises at Landlord’s sole cost and expense.
Appears in 1 contract
Alterations by Tenant. After completion of Tenant’s Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constrncted as part of Tenant’s Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrmy, Tenant shall promptly commence remove all voice and diligently pursue data cabling and other telecommunications equipment installed by Tenant, and shall restore the Leased Premises to completion all Alterations then underway; provided, however, that if Tenant fails the condition they were in prior to do so, at the election installation of Landlordsuch items. Tenant’s obligations hereunder shall survive the expiration or termination of this Lease. Tenant shall restore be permitted to install card readers on the Premises stairwell doors adjacent to floors 4, 9, 13 and 20 of the Bank of America Building, subject to approval by Landlord and the Building to its condition and state City of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Bellevue.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. Tenant shall not make make, or suffer to be made, any alterations, improvements or additions (collectively "alterations"), in, on, about or improvements (“Alterations”) to the Premises or any part thereof, without Landlord’s the prior written consent of Landlord and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent, except Landlord may impose such requirements as Landlord in its sole discretion deems necessary, including without limitation requirements that (i) Tenant agree to remove any such alterations at the termination of this Lease, and to restore the Premises to their prior condition; (ii) Tenant secure a completion and lien indemnity bond satisfactory to Landlord for nonstructural Alterations that cost $5,000 or less said work; (iii) Tenant secure and are not visible from maintain in place throughout the exterior Lease Term a performance bond satisfactory to Landlord for the removal of the Premises. All Alterations installed by Tenant shall be new swimming pool and the restoration of the Premises at the end of the Lease Term or completely reconditioned. earlier termination of the Lease; and (iv) Landlord shall have the right to may approve the contractorcontractor for such alterations and limit the times during which the alteration work may be done. Unless Landlord requires that Tenant remove any such alteration, the method of payment of the contractoralteration, except movable furniture and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior trade fixtures not affixed to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature Premises, shall become at once a part the property of the realty Landlord upon installation and shall remain upon and be surrendered with the Premises at the termination of this Lease. The bond required by clause (iii) of this Paragraph A will provide that (a) in no event shall the aggregate liability of the surety for any and all claims exceed Twelve Thousand Dollars ($12,000.00); and (b) the bond may be cancelled by the surety as to subsequent liability at any time by giving sixty (60) days written notice to Landlord during which sixty (60) day period Landlord may make a demand under the bond, and upon expiration or earlier termination of such sixty (60) day period shall receive the proceeds of the Lease Termbond, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at remove the election swimming pool and restore the Premises prior to the expiration of Landlordsuch sixty (60) day period. Tenant shall restore not permit any mechanic's or materialmen's liens to be placed on the Premises and shall indemnify, defend and hold Landlord harmless against any liens, claims, demands, encumbrances or judgments relating to any labor or services performed or materials furnished for such alternations to the Building to its condition and state of Improvement Premises. Tenant shall also give Landlord written notice five (5) days prior to commencement of services or receipt of material for such demolition alterations and shall permit Landlord to post a notice of nonresponsibility in accordance with the statutory requirement of California Civil Code Section 3095 or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20any amendment thereof.
Appears in 1 contract
Samples: Lease (Exstar Financial Corp)
Alterations by Tenant. (a) Except as permitted by Article 5 or required by Section 7.1, Tenant shall not not, without the prior written consent of Landlord, make any alterations, improvements, additions or improvements physical changes (hereinafter referred to as “Alterationsalterations”) to the Premises. Tenant shall be reimbursed by Landlord for the Tenant Improvement Construction Allowance described in and provided in Exhibit C. Notwithstanding anything to the contrary, interior, non-structural improvements to the Premises may be made without the Landlord’s consent. Tenant shall provide Landlord with such plans and specifications as are to be undertaken. Subject to compliance with applicable laws and ordinances, non-structural changes which are required by Tenant’s Franchisor during the Lease Term or Extended Lease Term shall be allowed without Landlord’s prior written consent, including exterior changes to signage or dress. For those alterations to the Premises requiring Landlord’s prior written approval hereunder, Tenant shall submit proposed plans and specifications to Landlord for Landlord’s prior approval; Landlord shall approve such proposed plans and specifications within 15 business days after receipt thereof and, if landlord rejects such plans and specifications landlord shall notify Tenant of the reasons therefor, and generally describe the modifications which, if made, would make such plans and specifications satisfactory to Landlord. In the event Landlord neither rejects nor approves such proposed plans and specifications within 15 business days after receipt, then such plans and specifications shall be deemed approved without further action by either party.
(b) Unless Landlord otherwise provides in writing, no alterations made or installed by Tenant (except for nonstructural Alterations moveable furniture, equipment and trade fixtures) shall be removed by Tenant from the Premises at the termination of this Lease. Instead, all such leasehold improvements shall, when installed and permanently attached to the freehold, become and remain the property of Landlord. Notwithstanding the foregoing, and provided that cost $5,000 or less Tenant is not in default of this Lease at that time, it is explicitly understood and agreed that all fixtures, equipment, walk- in coolers, refrigerators, bars, booths, range hoods, equipment, audio, video systems, storage and display cases, furniture, shelves and racks, business equipment, make-up air; ovens, telephone and communication systems; storage and display cases including, without limitation, silencing, refrigeration, telephone and other communication systems, fixtures, and partitions, vaults, shelving, may be removed by Tenant and are not visible from the exterior and will not be part of the PremisesProperty. All Alterations installed by Tenant may obtain financing on such fixtures and equipment. Landlord’s lender shall be new have no lien or completely reconditionedinterest in such fixtures and equipment. Landlord Furthermore, Tenant shall have the right to approve the contractor, the method mortgage or place a deed of payment of the contractortrust as security interest on its leasehold fixtures and equipment, and the plans and specifications for all proposed Alterations. Tenant Landlord agrees that it shall obtain execute any reasonable form of instrument purporting to subordinate Landlord’s consent interest to all proposed Alterations requiring Landlord’s consent prior such financing by Tenant.
(c) Approved Tenant alterations shall be subject to the commencement provisions of any such Alterations. Article 5 above, as if they were “Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Work.”
Appears in 1 contract
Samples: Retail Center Lease (Diversified Restaurant Holdings, Inc.)
Alterations by Tenant. Other than the initial Tenant Improvements, --------------------- Tenant shall not make any no alterations, additions or improvements (“Alterations”) to the Premises without the prior written consent of Landlord’s , which consent shall not be unreasonably withheld or delayed. Landlord may impose, as a condition of such consent, such reasonable requirements as Landlord may deem desirable including, without limitation, the requirement that Tenant remove such alterations, additions or improvements upon the expiration or earlier termination of the Lease. Landlord shall advise Tenant in writing at the time Tenant makes its initial Tenant Improvements under the Work Letter (as to the initial Tenant Improvements) and at the time Tenant request's Landlord's consent to any subsequent alterations whether Landlord will require Tenant to remove such alterations from the Premises upon the expiration or earlier termination of this Lease. Notwithstanding the requirements in this Section 7.3, nonstructural alterations, additions or improvements which do not affect building systems or the exterior of the Premises and that cost less than Fifty Thousand Dollars ($50,000) in the aggregate in any calendar year shall not require Landlord's prior written consent, except but Landlord shall be entitled to at least ten (10) days prior written notice thereof before Tenant commences such alterations, additions or improvements. Tenant shall submit all plans and specifications relating to any proposed alterations, additions or improvements which exceed Fifty Thousand Dollars ($50,000) in the aggregate in any calendar year to Landlord for nonstructural Alterations that cost $5,000 Landlord's prior written approval. No materials used in Tenant's alterations shall be subject to any security interest or less lien and are not visible from no part of the Premises shall be subject to any mechanics' or materialmen's lien by reason of Tenant's alterations. No such alterations shall affect the exterior appearance of the PremisesPremises and it shall be deemed reasonable for Landlord to refuse to consent to any such alterations. All Alterations installed work approved by Landlord shall be performed by Tenant or Tenant's contractors in a first-class, diligent and workmanlike manner and so as not to unreasonably interfere with any owners, tenants or occupants of adjoining premises or buildings. Tenant shall utilize for such purposes only licensed contractors and materials reasonably approved in writing by Landlord (and Landlord hereby approves Xxxxx Xxxxx). Any construction by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and in conformance with the plans and specifications for reasonably approved by Landlord and with any and all proposed Alterationsapplicable rules and regulations of any federal, state, county or municipal agency or other governmental body having jurisdiction over the Premises (including, without limitation, the Americans With Disabilities Act and its state and local counterparts) and with any applicable codes and ordinances regardless of whether such roles, regulations, codes or ordinances relate to structural, permanent or non-structural alterations. All alterations of Tenant shall be done at Tenant's sole cost and expense. Tenant shall obtain Landlord’s consent agrees to all proposed Alterations requiring Landlord’s consent give Landlord written notice of the commencement date of any such approved alterations, improvements, additions or repairs to be made within the Premises at least ten (10) days prior to the commencement of any such Alterationswork in order to give Landlord time to post notices of nonresponsibility. Tenant’s request Tenant further agrees to reimburse Landlord all of Landlord's reasonable costs incurred for consent shall be accompanied by information identifying the contractor and method review of payment and two (2) copies of the proposed any plans and specifications. All Alterations specifications submitted by Tenant for its alterations (other than the initial Tenant Improvements) and in reviewing the progress of whatever kind and nature shall become at once a part such alterations, but not to exceed Two-Thousand five Hundred Dollars ($2,500) for each set of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20alterations.
Appears in 1 contract
Samples: Office Lease (Chemdex Corp)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. , Tenant shall restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s 's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s 's property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Standard Industrial Net Lease (Jmar Technologies Inc)
Alterations by Tenant. Tenant shall make no alterations, additions or --------------------- improvements to the Premises without first obtaining the written consent of Landlord, which consent shall not make be unreasonably withheld, conditioned or delayed. Tenant shall conduct any permitted work in such a manner as not to interfere with the operation of the Building or the business of other tenants and shall, prior to commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the general contractors hired by Tenant which approval shall not be unreasonably withheld, conditioned or delayed. Tenant will refer all general contractors, contractors representatives and installation technicians rendering any service on or to the Premises for Tenant, above $5,000 in costs, to Landlord for its reasonable approval and supervision before performance of any service. This provision shall apply to all work performed in the Building, including, but not limited to, installation of electrical devices and attachments and installations of any nature affecting floors, walls, woodwork, trim, windows, ceilings, equipment or any other physical portion of the Building. All alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the end of the lease Term shall remain in or upon the Premises without compensation to Tenant provided Landlord has so notified Tenant in writing at the time Landlord approves Tenant's plans for any such alterations, additions or improvements. If, however, Landlord shall request in writing, at the time Landlord approves Tenant's plans of any such alterations, additions or improvements, Tenant will, prior to termination of this Lease, remove any and all alterations, additions and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal unless Landlord notifies Tenant prior to the removal that Landlord wants the alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20remain.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or any building(s) of which the Building Premises are a part (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all the Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant under way or shall otherwise restore the Premises and any building(s) of which the Building Premises are a part to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. A. Tenant shall will not make any alterations, additions renovations, improvements or improvements (“Alterations”) other installations in, on or to the Premises or any part thereof (including, without limitation, any structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s prior written consentapproval thereof. If such approval is granted, except for nonstructural Alterations that cost $5,000 Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or less entities, using first grade materials, without interference with or disruption to the operations of tenants or other occupants of the Building. All such work shall comply with all applicable governmental codes, rules, regulations and are ordinances.
B. All improvements installed or constructed by or on behalf of the Tenant shall at the expiration of the Term or termination of this Lease become the property of Landlord and shall not visible be removed from the exterior of the Premises. All Alterations trade fixtures, furniture, furnishings and signs installed in or upon the Premises by Tenant shall be new or completely reconditioned. Landlord shall have remain the right to approve the contractor, the method property of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with removed upon the Premises upon expiration or earlier termination of the Lease Termterm of this Lease, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore remove such items from the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided Lease, all such trade fixtures, furniture, furnishings and signs shall at the option of the Landlord become the property of Landlord unless Landlord elects to require their removal in Article 20.which case Tenant shall promptly remove same and restore the Premises to its prior condition. Tenant shall forthwith promptly and diligently repair any damage to the Premises or the Building caused by the installation and/or removal of the Tenant’s equipment, machinery, trade fixtures and
Appears in 1 contract
Samples: Office Lease (Force Protection Inc)
Alterations by Tenant. All additions, alterations, improvements and fixtures (except Tenant's movable trade fixtures and signage) in or upon the Premises, whether placed there by Tenant or by Landlord, shall become Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time, or otherwise, without compensation or allowance or credit to Tenant. After the Commencement Date, Tenant shall not make any alterationsadditions, additions changes, alterations or improvements (“Alterations”) to the Premises costing more than $150,000.00 in the aggregate, without Landlord’s the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Even if Landlord's consent is not required, Tenant shall give Landlord prior written notice specifying any work to be done. If Landlord grants its consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from Landlord may impose reasonable requirements as a condition of such consent including without limitation the exterior submission of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent 's prior written approval, obtaining necessary permits, obtaining insurance, prior approval of contractor (not to all proposed Alterations requiring Landlord’s consent prior be unreasonably withheld) and reasonable requirements as to the commencement of any manner and times in which such Alterations. Tenant’s request for consent work shall be accompanied by information identifying the contractor done. All work shall be performed in a good and method of payment workmanlike manner and two (2) copies of the proposed shall be in accordance with plans and specifications. All Alterations of whatever kind and nature shall become at once a part of , (approved by Landlord if approval is required by the realty above provisions) and shall be surrendered made in accordance with all applicable laws, ordinances, and codes. If any of such work may affect the Premises structure of the Building or interfere with Building systems or operation, Landlord may require that such work be performed under Landlord's supervision (but at no additional cost to Tenant for such supervision). Notwithstanding the foregoing, upon expiration of the Term or earlier termination of the Lease TermLease, unless Landlord requires Tenant may remove all of its personal property, furniture and trade fixtures from the Premises, repair any damage caused to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises by such removal. Such repairs shall be done in a good and wxxxxxx like manner consistent with all applicable laws, rules and regulations. Tenant shall make such alterations to the Premises to keep same in compliance with all applicable laws, rules and regulations, including, without limitation, the Americans With Disabilities Act. In the event that any governmental authority directs any modification or alteration to the Building (including without limitation any previously-installed Alterations)Premises as the result of Tenant's occupancy, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at pay for the election cost of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition modification or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20alteration.
Appears in 1 contract
Samples: Lease Agreement (Eaco Corp)
Alterations by Tenant. After completion of Premises Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all govermnental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Premises Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue data cabling and other telecommunications equipment installed by Tenant, and shall restore the Leased Premises to completion all Alterations then underway; provided, however, that if Tenant fails the condition they were in prior to do so, at the election installation of Landlordsuch items. Tenant’s obligations hereunder shall survive the expiration or termination of this Lease. Tenant shall restore be permitted to install card readers on the Premises stairwell doors adjacent to floors 3, 4, 9, 13 and 20 of the Bank of America Building, subject to approval by Landlord and the Building to its condition and state City of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Bellevue.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”) in or to the Premises Premises, other than interior work which does not affect the Building structure or systems and costs less than Five Thousand Dollars ($5,000) without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. first submitting to Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the professionally-prepared plans and specifications for such work and obtaining Landlord's prior written approval thereof. Tenant covenants that it will cause all proposed Alterationssuch alterations, additions and improvements to be performed at Tenant's sole cost and expense by Landlord or a contractor approved by Landlord and in a manner which: (a) is consistent with the Landlord-approved plans and specifications and any conditions imposed by Landlord in connection therewith; (b) is in conformity with commercial standards; (c) includes acceptable insurance coverage for Landlord's benefit; (d) does not affect the structural integrity of the Building; (e) does not disrupt the business or operations of adjoining tenants; and (f) does not invalidate or otherwise affect the construction and systems warranties then in effect with respect to the Park. With respect to any alterations, additions and improvements made by Landlord for Tenant, at Tenant's request, Tenant shall pay Landlord a supervision fee which shall be in an amount comparable to the fee a third party contractor would charge in connection with a comparable project. Tenant shall obtain Landlord’s consent to secure all proposed Alterations requiring Landlord’s consent prior governmental permits and approvals, as well as comply with all other applicable governmental requirements and restrictions. All alterations, additions and improvements (expressly including all light fixtures, heating, ventilation and air conditioning units and floor coverings), except trade fixtures and appliances and equipment not affixed to the commencement Premises, shall immediately become the property of Landlord without any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a obligation on its part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlordpay therefor. Tenant shall restore remove such improvements on the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20and restore the Premises to the condition which existed prior to such improvements, unless otherwise directed by Landlord at the time Landlord gives its consent thereto.
Appears in 1 contract
Samples: Lease Agreement (Tcsi Corp)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”) Any alterations made to the Premises without Landlord’s prior written consentshall remain on and be surrendered with the Premises on expiration or termination of this Lease.
(a) In making any alterations to the Premises, except for nonstructural Alterations that cost $5,000 or less Tenant shall comply with the following:
(i) The alterations shall be approved by all appropriate government agencies to the extent required, and are not visible from the exterior all applicable permits and authorizations shall be obtained before commencement of the Premises. All Alterations installed by alterations.
(ii) If the estimated cost of the alterations exceeds $25,000, work shall not be commenced until five (5) days after Landlord has received notice from Tenant shall be new or completely reconditioned. stating the date work is to commence so that Landlord may post and record an appropriate notice of nonresponsibility.
(iii) Tenant shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior make alterations to the commencement Premises in such manner and form as shall be acceptable to the Tenant, including, but not limited to, modifying, removing or changing the location of any such Alterations. Tenant’s request for consent shall fuel dispensing facility and its lines and tanks, removing, relocating or modifying any buildings, sheds, water treatment facilities or any other improvements on the Premises, making any alterations or modifications as may be accompanied required by information identifying the contractor and method of payment and two (2) copies of Louisiana Gaming Control Board or the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of laws, rules or regulations promulgated by the realty and shall be surrendered with same or any other governmental authority or related to the presence on the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underwayvideo draw poker devices; provided, however, that if the fair market value of the Premises when such alterations or improvements are completed shall be not less than the fair market value of the Premises prior to the making of such alterations or improvements.
(b) Tenant fails to do somay display in, on, or above the Premises any sign or decoration, the nature of which is permitted by applicable law. At the termination of this Lease, Tenant shall remove any signs it has placed on the Premises during the Term, repairing any damage caused thereby.
(c) Trade fixtures, equipment, furniture and other personal property installed or placed in the Premises at the election cost of Landlord. Tenant shall restore be the Premises property of Tenant and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and shall remove the same upon prior to the expiration or earlier sooner termination of this Lease as provided in Article 20Lease. Tenant shall, at its own cost and expense, completely repair any and all damage to the Premises resulting from or caused by such removal.
Appears in 1 contract
Samples: Lease and Option to Purchase Agreement (Colonial Downs, LLC)
Alterations by Tenant. After completion of Premises Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or• improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or• authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Premises Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue data cabling and other telecommunications equipment installed by Tenant, and shall restore the Leased Premises to completion all Alterations then underway; provided, however, that if Tenant fails the condition they were in prior to do so, at the election installation of Landlordsuch items. Tenant’s obligations hereunder• shall survive the expiration or termination of this Lease. Tenant shall restore be permitted to install card readers on the Premises stairwell doors adjacent to floor 12 of the Bank of America Building, subject to approval by Landlord and the Building to its condition and state City of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Bellevue.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. After completion of Premises Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Premises Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue to completion all Alterations then underway; provideddata cabling and other telecommunications equipment installed by Tenant, however, that if Tenant fails to do so, at the election of Landlord. Tenant and shall restore the Leased Premises and to the Building to its condition and state of Improvement they were in prior to the installation of such demolition or removalitems. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace obligations hereunder shall survive the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Lease.
Appears in 1 contract
Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. Tenant shall not make any alterationsaddition or change to, additions or modification of the Premises, including the installation of fixtures or other improvements (hereafter “Alterations”) to without the prior written consent of Landlord. Tenant may, however, install in the Premises without Landlord’s prior written consentproperty used by Tenant for purposes of trade, except for nonstructural Alterations that cost $5,000 business, ornament or less and are not visible from the exterior of the Premisesrelated use (hereafter “Trade Fixtures”). All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. (except Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2Trade Fixtures) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part the property of the realty Landlord and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided Lease. Tenant shall promptly pay all costs and expenses attributable to such Alterations and shall promptly repair any damage to the Premises or the Building caused by any such Alterations. Any contractor or person making such Alterations must first be approved in Article 20writing by Landlord. Any Alterations made without Landlord’s prior written approval shall be promptly replaced and corrected at Tenant’s sole expense. Landlord shall have no responsibility or liability with respect to any such Alterations performed by Tenant whether or not such Alterations were approved by Landlord. If any lien shall be filed or claimed against the Premises or the Building in connection with or relating to an Alteration, Tenant shall, within 60 days after the date of its filing, either: (i) cause the same to be discharged or otherwise secured to Landlord’s complete satisfaction, or (ii) serve written notice to commence suit upon the lienholder, in accordance with § 1311.11, Ohio Revised Code, or any law of Initial---Landlord: _____ Tenant: _____ similar tenor or effect, and thereafter, if suit is commenced upon such claim, Tenant shall, in accordance with §1311 .11, Ohio Revised Code, obtain a surety bond and release of such lien, and diligently and in good faith defend its position against such claim, and comply with the final decision of the court upon such claim. If Tenant fails to do either (i) or (ii) above, Landlord may do so at its option and Tenant shall reimburse Landlord upon demand for any and all costs and expenses of Landlord in doing so (including without limitation any costs of surety bonds, court costs, and reasonable attorneys’ fees in discharging the lien under§ 1311 .11, Ohio Revised Code, or any law of similar tenor or effect). During the period of the construction of any Alteration, except Alterations being done by Landlord, its contractors, subcontractors, employees or agents, Tenant shall obtain, and require that all contractors employed to do work on the Premises carry, all forms of insurance reasonably required by Landlord during the course of the work including, but not limited to, workers’ compensation, builder’s risk insurance and comprehensive public liability insurance. Tenant shall be responsible for and shall pay or cause to be paid, when due, all premiums, charges, costs and expenses relating to this insurance.
Appears in 1 contract
Samples: Commercial Lease Agreement (Cardinal Energy Group, Inc.)
Alterations by Tenant. Tenant shall not may from time to time at its own expense make any alterationschanges, additions or and improvements (“Alterations”) to in the Premises without Landlord’s to better adapt the same to its business, provided that any such change, addition or improvement shall:
(a) Comply with the requirements of any governmental or quasi-governmental authority having jurisdiction;
(b) Be made only with the prior written consentconsent of Landlord;
(c) Equal or exceed the then current standard for the Building:
(d) Be carried out only by persons selected by Tenant and approved in writing by Landlord, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior who shall, if required by Landlord, deliver to Landlord before commencement of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. work performance and payment bonds as well as proof of worker's compensation and public liability and property damage insurance coverage, with Landlord shall have the right to approve the contractornamed as an additional insured, the method of payment of the contractorin amounts, with companies, and in form reasonably satisfactory to Landlord, which shall remain in effect during the plans entire period in which the work will be carried out;
(e) Be subject to Landlord's supervision and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent Tenant's payment to all proposed Alterations requiring Landlord’s consent prior to Landlord of a reasonable supervision and overhead fee therefor; and
(f) Become the commencement property of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor Landlord and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises to Landlord upon expiration or earlier termination of the Lease TermLease. Landlord may, unless Landlord requires at its option, require Tenant to remove the same as provided any physical additions and/or repair any alterations in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue order to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and to the Building to its condition and state of Improvement prior to existing at the time Tenant took possession, all costs for which shall be borne by Tenant regardless whether such demolition removal and/or repair is undertaken by Tenant or removal. During Landlord, before or after the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided Lease. Any increase in Article 20property taxes or fire or casualty insurance premiums for the Building attributable to such change, addition or improvement shall be borne by Tenant.
Appears in 1 contract
Alterations by Tenant. 9.4.1 Tenant shall not may make any alterations, additions or improvements (“Alterations”) Alterations to the Premises consisting solely of decorations, painting, plastering or carpeting, without Landlord’s prior written consent, except but Tenant shall be required to give Landlord at least ten (10) days prior Notice thereof. Tenant shall be required to obtain the prior written approval of Landlord for nonstructural any other Alterations. Landlord will not unreasonably withhold, condition or delay its consent to Tenant’s request if all of the following conditions are satisfied: (i) the proposed Alterations that cost $5,000 or less are to be located wholly within the Premises and are not visible from the exterior of the PremisesPremises or the Building; (ii) the proposed Alterations will not decrease the value of the Building or Center; (iii) the proposed Alterations will not affect the structural integrity of the Building; (iv) the proposed Alterations do not require modification to, or affect the operation of any part of, the HVAC, plumbing, electricity, fire suppression or water and sewer systems service of the Building or Center. All Alterations installed by In all other cases, Tenant shall be new required to obtain the prior written approval of Landlord before making Alterations, which approval may be withheld in Landlord’s sole discretion.
9.4.2 If Landlord’s consent is required for the making of an Alteration then Tenant’s request for consent will be accompanied by reasonably complete plans and specifications for the proposed Alterations. If such approval is granted, Tenant shall cause the Alterations described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or completely reconditionedentities, without interference with or disruption to the operations of tenants or other occupants of the Building or the Center. Alterations shall only be made after Tenant has obtained any necessary permits from governmental authorities for the Alterations. Tenant shall notify Landlord of the date on which work on Alterations is scheduled to begin and shall arrange for periodic inspections by Landlord of the job progress to insure compliance with the approved plans and specifications. All such work shall comply with all Legal Requirements and shall be performed by contractors who are approved by Landlord and who carry the insurance coverage required in Section 15. Landlord shall have the right to approve the require Tenant, or Tenant's contractor, to furnish bond in an amount equal to the method estimated cost of payment construction, as well as further assurances against mechanics' liens including, but not limited to, lien waivers and releases from all contractors, subcontractors, and suppliers. [SEE RIDER]
9.4.3 Landlord may elect that any Alterations be performed by Landlord or by contractors engaged by and under the direction of Landlord, in which case such Alterations shall nevertheless be made at Tenant's sole cost, payable by Tenant as Additional Rent; and such cost shall include a supervisory fee of fifteen percent (15%) of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies total cost of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20work. If Tenant demolishes makes any Alterations without Landlord’s prior consent then, in addition to Landlord's other remedies, Landlord may correct or removes remove such Alterations and Tenant shall, on demand, pay the cost thereof (plus fifteen percent (15%) of such cost as a supervisory fee) as Additional Rent. If any then-existing tenant improvements or other portions of mechanic's lien is filed against the Premises or the Building or the Center for work or materials furnished to Tenant (including without limitation other than by Landlord) the lien shall be discharged by Tenant within ten (10) days thereafter, solely at Tenant's expense, by either paying off or bonding the lien. Should Tenant fail to discharge any previously-installed Alterations)lien within ten (10) days of its filing, then, in addition to Landlord's other remedies, Landlord shall have the right, but not the obligation, to discharge said lien at Tenant's expense, in which case Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming reimburse Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove for the same upon expiration or earlier termination demand, as Additional Rental, together with interest accounting from the date of this Lease as provided in Article 20.demand until payment is made. [SEE RIDER]
Appears in 1 contract
Alterations by Tenant. 5.1 No alteration, addition, or improvement to the Leased Space shall be made by Tenant without the prior written consent of Landlord. Concurrently with requesting Landlord's consent to the proposed alteration, addition, or improvement, Tenant shall not make submit to Landlord preliminary plans for the alteration, addition, or improvement. Landlord shall, in its reasonable discretion, approve or disapprove the proposed alteration, addition, or improvement, within thirty (30) days after its receipt of Tenant's written request for approval. If Landlord fails to affirmatively approve or disapprove the proposed alteration, addition, or improvement within the thirty (30) day period, the proposed alteration, addition, or improvement shall be deemed disapproved. If Landlord gives such written consent to any alteration, addition, or improvement to the Leased Space, Landlord and Tenant shall agree in writing at that time to the date when that undertaking shall be completed.
5.2 All alterations, additions additions, or improvements (“Alterations”) to the Premises without shall be performed by Landlord’s prior written consent's staff or its designee. Tenant shall obtain all necessary governmental permits required for any alteration, except for nonstructural Alterations that cost $5,000 addition, or less improvement approved by Landlord and are shall comply with all applicable governmental law, regulations, ordinances, and codes. Any alteration, addition, or improvement not visible from the exterior including removable equipment made by Tenant after consent has been given, and any fixtures installed as part of the Premises. All Alterations installed by Tenant construction, shall be new at Landlord's option become the property of Landlord on the expiration or completely reconditioned. other earlier termination of this Lease; provided, however, that Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires require Tenant to remove the same as provided in Article 20fixtures at Tenant's cost on termination of this Lease. If Tenant demolishes or removes any then-existing tenant improvements or other portions is required by Landlord to remove the fixtures on termination of the Premises or the Building (including without limitation any previously-installed Alterations)this Lease, Tenant shall promptly commence repair and diligently pursue restore any damages to completion the Leased Space caused by such removal.
5.3 Except for the alterations which Landlord may make at its sole option in order to prepare the Leased Space for Tenant's occupancy, the costs of any alterations ("Alteration Costs") required by or requested by Tenant shall be paid for by Tenant within thirty (30) days of receipt of Landlord's invoice. In Landlord's sole discretion, the Alteration Costs may become additional rent ("Additional Rent") and shall be paid by Tenant according to such terms as the parties may agree. Landlord reserves the right to require that Tenant execute a non-terminable extension to this Lease as a condition of Landlord's accepting payment for the Alteration Costs as Additional Rent. Should Tenant vacate or abandon the Leased Space prior to payment of all Alterations then underway; providedof the Additional Rent, however, that all outstanding Additional Rent shall immediately become due upon Tenant's notice of termination to Landlord or upon termination of this Lease if Tenant fails to do so, at the election give notice of termination to Landlord. The outstanding sum must be paid whether or not Tenant shall restore the Premises and the Building has properly terminated this Lease. Landlord may treat Tenant's failure to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) pay Additional Rent as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination it would any other material breach of this Lease as provided in Article 20Lease.
Appears in 1 contract
Samples: Development Agreement (Nz Corp)
Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all the Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant underway or shall otherwise restore the Premises and the Building to its condition and state of Improvement improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install install, without Landlord’s prior consent, movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any no alterations, decorations, installations, removals, additions or improvements in or to the Premises (collectively, “Alterations”) to the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less which shall not be reasonably withheld by Landlord, and are not visible from then only in accordance with the exterior terms and provisions of the Premisesthis Lease, and such other conditions as Landlord may impose. All Alterations installed Whenever Tenant shall make any Alterations, all contractors to be used by Tenant shall be new or completely reconditioned. Landlord shall have licensed by the right to approve the contractor, the method State of payment of the contractorRhode Island and insured, and must be approved in writing in advance by Landlord, and Tenant will strictly observe the plans following covenants and specifications for all proposed Alterations. Tenant shall obtain Landlordagreements: (a) any mechanics’ lien, materialman’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Termlien, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of lien filed against the Premises or the Building (including without limitation any previously-installed Alterations)or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if be completely discharged by Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, within twenty (20) days thereafter at Tenant’s expensesole cost and expense (but in any event prior to the foreclosure thereof); (b) all Alterations done by Tenant or on behalf of Tenant shall be at its own expense and shall at all times comply with (i) laws, rules, orders and regulations of governmental authorities having jurisdiction thereof; (ii) orders, rules and regulations of any Board of Fire Underwriters, or any other body hereafter constituted exercising similar functions, and governing insurance rating bureaus; (iii) those Rules and Regulations set forth in Exhibit “2” hereto, and such other reasonable rules or regulations as may be established by Landlord from time to time; and (iv) plans and specifications prepared by and at the expense of Tenant theretofore submitted to and approved by Landlord; (c) Tenant shall procure all necessary permits before undertaking any work in the Premises, do all of such work in a policy first class and workmanlike manner, employing only new materials of insurance covering good quality and complying with all governmental requirements, and defend, save harmless, exonerate and indemnify Landlord from all injury, loss or damage of any kind to Alterations made any person or property occasioned by Tenant, in an amount adequate to repair or replace growing out of such work; and (d) without limiting the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, howevergenerality of any other provision of this Lease, Tenant shall be responsible to the extent that any violation of the Americans with Disabilities Act (“ADA”) or any other similar code, or need for upgrade to meet ADA or any other similar code, is caused by the actions of Tenant (for example, but without limitation, due to the nature of a Tenant improvement, or due to a particular disability of a Tenant employee). All contractors and subcontractors working on Alterations shall carry such insurance as Landlord may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20require.
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Alterations by Tenant. (a) After the Commencement Date, Tenant shall may not make any alterations, additions exterior or improvements (“Alterations”) structural alterations to the Premises without Landlord’s the prior written consentconsent of Landlord, except for nonstructural Alterations that cost $5,000 which consent shall not be unreasonably withheld. Tenant may make any other interior alterations which Tenant deems necessary or less and are not visible from the exterior beneficial to Tenant’s operation of the Premises, so long as the alterations do not materially decrease the value of the Premises, upon notification of Landlord thereto. All Alterations installed alterations to the Premises made by Tenant shall comply with the Americans With Disabilities Act and other applicable laws and regulations. Any such alterations shall be new performed in a good and workmanlike manner by a contractor reasonably acceptable to Landlord and in accordance with applicable legal and insurance requirements and the terms and provisions of this Lease, and in quality equal to or completely reconditioned. Landlord shall have better than the right to approve the contractor, the method of payment original construction of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insuredsBuilding. Provided, however, Tenant shall not need to provide notice to Landlord to make an alteration to the interior of the Premises, obtain consent from Landlord, nor provide evidence of insurance to Landlord, if the cost of such work is less than Five Thousand Dollars ($5,000.00) and such alteration otherwise complies with the terms and conditions of this Lease. Tenant shall promptly pay all costs attributable to such alterations and improvements and shall indemnify Landlord against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may install movable furniturebe incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Premises or to the Building caused by any such alterations or improvements. When required hereunder, trade fixturesany prior notice of such alterations shall be made by Tenant providing to Landlord at least seven (7) days prior to its commencement, machinery a description of the work to be performed, the cost of the work and the identity of the contractor performing the work. Any reasonable objections by Landlord to the contemplated work or equipment In conformance with applicable governmental rules contractor must be made in writing to the Tenant within five (5) days following receipt of the notice. Failure by Landlord to respond shall be conclusively presumed as Landlord's consent to such work and contractor. All such alterations erected by Tenant shall be and remain the property of Tenant during the term of this Lease. At the end of the Initial Term or ordinances Renewal Term, as the case may be, such alterations erected by Tenant shall become the property of Landlord and Tenant shall have no obligation to remove the same upon expiration or earlier and/or to restore the Premises to its original condition. Any trade fixtures installed on the Premises by Tenant at its own expense, such as movable partitions, counters, shelving, showcases, fitness equipment and the like may, and at the request of Landlord, shall be removed on the termination of this Lease Lease, provided that no Event of Default then exists hereunder. In any event, Tenant shall bear the cost of such removal, and Tenant shall repair at its own expense any and all damage to the Premises resulting from such removal.
(b) In the event that any mechanic’s lien is filed against the Premises as provided in Article 20a result of any work or act of Tenant, Tenant, at its expense, shall discharge or bond off the same within sixty (60) days from the filing thereof. If Tenant fails to discharge said mechanic’s lien, Landlord may bond or pay without inquiring into the validity of the merits of such lien and all sums so advanced shall be paid on demand as additional rent by Tenant.
(c) Prior to the commencement of any work by Tenant, Tenant shall obtain public liability and workmen’s compensation insurance to cover every contractor to be employed by Tenant, and shall deliver duplicate originals of all certificates of such insurance to Landlord for written approval.
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Samples: Lease Agreement
Alterations by Tenant. After completion of Tenant’s Improvements, Tenant shall not make any subsequent alterations, additions or improvements (“Alterations”) in, on, or to the Leased Premises without Landlord’s the prior written consentconsent of Landlord, except which consent may be subject to such conditions as Landlord may deem appropriate. Tenant shall submit complete sets of final plans and specifications for nonstructural Alterations that all such alterations, additions or improvements to Landlord for approval. Any such alterations, additions or improvements consented to by Landlord shall be made at Tenant’s sole cost $5,000 or less and are not visible from expense. Prior to the exterior commencement of any such work, Tenant shall notify Landlord of the Premises. All Alterations installed contractors that will be retained by Tenant shall be new or completely reconditionedto perform the work. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans or disapprove in advance any or all contractors to be retained by Tenant for such work. Landlord shall promptly be provided with complete “as built” drawings and specifications for all proposed Alterationsalterations, additions and improvements made by Tenant. Tenant shall obtain Landlord’s consent secure all governmental permits, approvals or authorizations required for such work. All alterations, additions and improvements (including but not limited to all proposed Alterations requiring Landlord’s consent prior to the commencement of light fixtures and floor coverings but excluding any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor inventory, furniture and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall similar personal property which does not become at once a part of the realty and Leased Premises) shall be surrendered with immediately become the Premises property of Landlord, without any obligation on the part of Landlord to pay therefor, upon installation in the Leased Premises. Upon the expiration or earlier sooner termination of the Lease Term, unless Tenant shall forthwith remove (at Tenant’s sole cost and expense) all alterations, additions or improvements made by Tenant (except original leasehold improvements constructed as part of Tenant’s Improvements) designated by Landlord requires to be removed and Tenant shall repair (at its sole cost and expense) any damage to remove the same as provided Leased Premises caused by such removal. Notwithstanding anything herein or elsewhere in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of this Lease to the Premises or the Building (including without limitation any previously-installed Alterations)contrary, Tenant shall promptly commence remove all voice and diligently pursue data cabling and other telecommunications equipment installed by Tenant, and shall restore the Leased Premises to completion all Alterations then underway; provided, however, that if Tenant fails the condition they were in prior to do so, at the election installation of Landlordsuch items. Tenant’s obligations hereunder shall survive the expiration or termination of this Lease. Tenant shall restore be permitted to install card readers on the Premises stairwell doors adjacent to floors 4, 9, 13 and 20 of the Bank of America Building, subject to approval by Landlord and the Building to its condition and state City of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20Bellevue.
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Samples: Office Lease (Smartsheet Inc)
Alterations by Tenant. Tenant shall not not, without Landlord's approval, make any alterations, additions or improvements (“Alterations”) to in or on the Premises without Landlord’s prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Leased Premises. All Alterations installed alterations, additions or improvements to the Leased Premises made by Tenant shall be new or completely reconditionedbecome the property of Landlord at the expiration of the term of this Lease. Landlord shall have reserves the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires require Tenant to remove any alteration, improvement or addition made to the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions Leased Premises by Tenant, and to repair and restore the Leased Premises to a condition substantially equivalent to the condition of the Leased Premises prior to any such alteration, addition or the Building (including without limitation any previously-installed Alterations)improvement, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if the foregoing shall not apply to the Tenant fails Improvements installed by Landlord pursuant to do soExhibit D, unless Landlord expressly discloses to Tenant in writing at the election time of the approval thereof that such removal shall be required, or to any other alterations, additions or improvements made with Landlord's approval, unless Landlord expressly discloses to Tenant in writing at the time of the approval thereof that such removal shall be required. Tenant Landlord agrees that it will not require such removal unless the alteration, addition or improvement shall restore make the cost of renovating the Leased Premises and for office use following the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease materially more expensive than if such alteration, addition or improvement had not been made. By way of illustration and not limitation, the installation of raised flooring for a computer room, interconnecting stairwell, additional toilet rooms, health club or any other item that is required to be removed by an express provision of this Lease would constitute alterations, additions or improvements that would make the cost of renovating the Leased Premises following expiration or termination of this Lease materially more expensive, but partitioning, special entry lobby features such as a plaster or sheetrock ceiling (provided in Article 20ceiling height is maintained at nine (9) feet), special lighting or special partition finishes or surfaces (such as glass block) would not.
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Alterations by Tenant. After the completion of the Landlord Improvements and Tenant Improvements, Tenant shall not make any alterations, additions or improvements improvements, which shall not include the purchase and installation of any modular furniture or any relocation of existing modular furniture within the Demised Premises (“"Tenant Requested Alterations”) "), costing over $10,000.00 per improvement project, to the Demised Premises without Landlord’s the prior written consentconsent of Landlord, except for nonstructural Alterations that which shall not be unreasonably withheld, conditioned or delayed. Tenant may, with prior notice to Landlord, at its own cost $5,000 and expense and in a good and workmanlike manner, make such minor alterations, additions or less improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery, racks and are not visible from trade fixtures it may deem advisable, without altering the exterior basic character of the PremisesBuilding or Improvements and without overloading or damaging the Building or Improvements, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. All Alterations installed by Tenant shall be new responsible for maintaining all such minor alterations, additions or completely reconditionedImprovements. Landlord shall have Upon the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease Lease, unless otherwise agreed upon in writing by the parties, Tenant shall restore the Demised Premises to its original condition, ordinary wear and tear excepted, and with all Landlord Financed Furniture left in its then condition, except negligent or intentional damage thereto which shall be repaired or replaced by Tenant. Notwithstanding anything aforesaid, Tenant shall have the right to install and remove from time to time and at the expiration or earlier termination of this Lease, whether the same be attached to the Demised Premises or otherwise, Tenant's trade fixtures, equipment and other personal property, to include, without limitation, moveable office partitions, and furniture, as well as any machinery and equipment belonging to Tenant ("Tenant FF&E") provided however, if any portion of the Demised Premises maintained by Landlord will be damaged by the installation or use of the Tenant FF&E, Tenant shall have Landlord install and remove same, at Tenant's sole cost and expense, which expense shall include repairing any damage to the Demised Premises. Tenant shall also, at Tenant's sole cost and expense, repair any other damage caused to the Demised Premises by Tenant in Article 20.removing Tenant's FF& E.
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Alterations by Tenant. Tenant shall not make any alterations, additions or improvements (“"Alterations”") to the Premises without Landlord’s 's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new now or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s 's consent to all proposed Alterations alterations requiring Landlord’s 's consent prior to the commencement of any such Alterations. Tenant’s 's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s 's expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as an additional insuredsinsured. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of this Lease as provided in Article 20.
Appears in 1 contract
Samples: Standard Industrial Gross Lease (Inland Entertainment Corp)
Alterations by Tenant. Tenant shall not make any alterations, additions additions, or improvements (“Alterations”) to the Premises without the written consent of Landlord. The kinds of alterations, additions or improvements referred to are those, which are of a more or less permanent nature, such as new floors, partitions, wallpaper and paneling. If consent of Landlord is given, then any or all such alterations, additions or improvements, may, if Landlord wishes, become the property of Landlord at the end of the term of the Lease. However, if Landlord wishes, Landlord may require Tenant to remove any or all of such alterations, additions or improvements at the end of the term of the Lease and restore the Premises to the condition it was in when the term of this Lease began fair wear and tear excepted. If initialed by Landlord here , Tenant has Landlord’s prior express written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from permission to paint the exterior walls of the Premisesinterior of the premises. All Alterations installed by However, Tenant shall be new or completely reconditioned. Landlord shall have required to return the right walls to approve their original condition by painting the contractor, walls to the method of payment same color as at the start of the contractor, and Lease by the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination last day of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions does not repaint the walls to the same color as at the start of the Premises or Lease upon vacating the Building (including without limitation any previously-installed Alterations)premises, Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, be liable for Landlord’s expenses reasonably incurred for repainting the walls the same color as at the election start of the Lease, which includes at Landlord’s option, hiring painters to paint the walls, along with the cost of any paint and paint supplies reasonable and necessary. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at (Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming initials) If Landlord and Tenant initial here: (Landlord’s property manager ) (if anyTenant), then Landlord and Tenant intend and agree there is an Addendum (“Addendum”) attached and incorporated into this Lease outlining customization options or restrictions in greater detail, and both Landlord and Tenant agree to be bound to the terms and conditions contained in the Addendum as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination Terms of this Lease as provided in Article 20Agreement.
Appears in 1 contract
Samples: Residential Lease Agreement
Alterations by Tenant. Except as otherwise permitted by this Lease, Tenant shall not make any alterations or modifications to the Demised Premises without the prior written consent of Landlord which consent shall be in Landlord’s sole but reasonable judgment. If approval is given, Tenant shall make such alterations, additions or improvements in a good workmanlike manner and in accordance with all requirements of municipal and other governmental authorities. Under no circumstances shall Tenant be allowed to make structural alterations, additions, or improvements or penetrate the structural slabs, roof or exterior walls of the Demised Premises without the expressed prior written consent of Landlord. It is expressly understood that the use of the roof above the Demised Premises (“Alterations”if any) and exterior walls are reserved to Landlord (except as otherwise provided in this Lease). All permanent improvements shall belong to Landlord and become a part of the Demised Premises upon termination or expiration of this Lease. Tenant shall be responsible for obtaining at its sole expense all necessary permits and approvals from any governmental authority related to Tenant’s use and Tenant’s Work on the Demised Premises. Prior to applying for each such permit and approval, Tenant shall submit the plans for the same to Landlord and Tenant shall not submit any such application to any governmental authority without Landlord’s prior written consent, except approval. Tenant shall apply for nonstructural Alterations that cost $5,000 or less such permits and are not visible from the exterior of the Premisesapprovals within five (5) business days after Landlord approves Tenant’s plans. All Alterations Any unattached trade fixtures installed by Tenant shall at all times be new or completely reconditioned. Landlord and remain the property of Tenant, and Tenant shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for remove all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of or any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty same from the Demised Premises at any time so long as Tenant is not in default of the terms and provisions of this Lease; provided, Tenant shall repair or reimburse Landlord for the cost of repairing any damage to the Demised Premises resulting from the installation or removal of such items. All alterations, additions, and improvements made in and to the Demised Premises, and all other fixtures (other than trade fixtures) which are installed in the Demised Premises shall remain in and be surrendered with the Demised Premises upon and shall become the property of Landlord at the expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier sooner termination of this Lease as provided (unless alternative arrangements are made by Landlord and Tenant in Article 20writing).
Appears in 1 contract
Alterations by Tenant. No alteration, addition, or improvement to the Leased Space shall be made by Tenant without the written consent of Landlord. Concurrently with requesting Landlord's consent to the proposed alteration, addition, or improvement, Tenant shall not make submit to Landlord preliminary plans for the alteration, addition, or improvement. Landlord shall, in its sole discretion, approve or disapprove the proposed alteration, addition, or improvement, within 30 days after its receipt of Tenant's written request for approval. If Landlord fails to affirmatively approve or disapprove the proposed alteration, addition, or improvement within the same 30-day period, the proposed alteration, addition, or improvement shall be deemed disapproved. If Landlord gives such written consent to any alterationsalteration, additions addition, or improvements (“Alterations”) improvement to the Premises without Landlord’s prior written consentleased premises, except for nonstructural Alterations that cost $5,000 or less Landlord and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall agree in writing at that time to the date when that undertaking shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterationscompleted. Tenant shall obtain Landlord’s all necessary governmental permits required for any alteration, addition, or improvement approved by Landlord and shall comply with all applicable governmental law, regulations, ordinances, and codes. Any alteration, addition, or improvement made by Tenant after consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of has been given, and any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a fixtures installed as part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Termconstruction, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other portions of the Premises or the Building (including without limitation any previously-installed Alterations), Tenant shall promptly commence and diligently pursue to completion all Alterations then underway; provided, however, that if Tenant fails to do so, at the election of Landlord. Tenant shall restore the Premises and the Building to its condition and state of Improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at than Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by Tenant, in an amount adequate to repair or replace the same, naming Landlord and Landlord’s property manager (if any) as additional insureds. Provided, however, Tenant may install movable furniture, 's trade fixtures, machinery or equipment In conformance with applicable governmental rules or ordinances and remove shall at Landlord's option become the same upon property of Landlord on the expiration or other earlier termination of this Lease as provided in Article 20lease.
Appears in 1 contract
Samples: Commercial Lease (Dynatronics Corp)