Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
Appears in 6 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, 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 therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof, which shall not be unreasonably withheld or delayed and shall be deemed granted if not approved or denied in writing within thirty (30) days of Tenant’s written request therefor. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
Appears in 5 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Inc)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, 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 therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof, which shall not be unreasonably withheld or delayed and shall be deemed granted if not approved or denied in writing within thirty (30) days of Tenant’s written request therefor. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies. Notwithstanding the foregoing, Tenant shall be entitled to make interior, non-structural and/or decorative alterations without obtaining Landlord’s consent.
Appears in 4 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, on or to any part of addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing, not to be unreasonably withheld, and then only at Tenant’s expense (includingother than with respect to the Tenant Improvement Allowance, if applicable), and in a lawful manner and upon such terms and conditions as Landlord, by such writing, shall approve, which shall include, without limitation, (a) maintenance of insurance reasonably satisfactory to Landlord and (b) compliance with Sections 7.9 and 7.11. Notwithstanding the foregoing, the prior written consent of Landlord will not be required for non-structural interior alterations that do not affect any alterations of the front, signs, structural alterations, utility or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, building service systems or equipment of any kind to any part of in the Building (other than such utilities and systems that are located within and exclusively serve the Premises) unless and until that cost less than $10,000.00 for any single project; provided, however, that Tenant shall have caused notify Landlord of the performance of any such work and provide Landlord copies of any plans and specifications therefore to therefor that have been preparedproduced by or for the benefit of Tenant. Any such alteration or addition shall be consistent in appearance with the rest of the Building and Landlord’s Property 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 shall be subject to Landlord’s reasonable approval. All approved repairs, at Tenant’s expenseinstallations, by an architect alterations, additions or other duly qualified person and shall have obtained Landlord’s approval thereof. improvements made by Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and made in a good and workmanlike manner by duly qualified and licensed persons or entities manner, between such hours as approved in writing by Landlord, using first grade materialswhich approval shall not be unreasonably withheld, delayed, or conditioned, and in such a way that utilities will not be unnecessarily interrupted and other tenants and occupants of the Building will not suffer unreasonable inconvenience or interference as reasonably determined by Landlord. Tenant’s Invitees shall be given such reasonable access to other portions of the Building and the mechanical systems as may be necessary or appropriate to perform such work. Both during and after the performance of any such work, Landlord shall have free access to any and all mechanical installations in the Premises that constitute part of the Building service systems and equipment (i.e., as opposed to Tenant’s laboratory equipment), including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and 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 heating, ventilating and air conditioning systems in the Building. All such work shall comply with all applicable codesinstallations, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises shall be the property of Landlord and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or sooner termination of this Lease, except to the extent that Landlord, by written notice to Tenant given simultaneously with the approval of the plans and specifications for any such work, requires Tenant to remove any of the same at the expiration or earlier termination of this Lease, all of which items so designated shall be removed by Tenant in the event of fire or extended coverage loss. at its expense and Tenant shall deliver repair any damage to the Landlord certificates Landlord’s Property and Landlord’s Equipment caused by the installation or removal of any such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesitem.
Appears in 3 contracts
Samples: Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.), Lease Agreement (Morphic Holding, Inc.)
Alterations by Tenant. Tenant shall not make any alterations(a) Other than interior, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, non-structural alterations, for which Landlord's consent is not required, Tenant shall make no alterations, decorations, installations, additions or any cutting improvements in or drilling into any part of to the Premises or any securing without first obtaining the written consent 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations understands that Landlord's consent will be conditioned on Tenant's compliance with Landlord's requirements as in effect at the time permission is requested, which requirements will include, but not be limited to Landlord’s 's approval is soughtof plans, specifications, contractors, insurance, and hours of construction. If such approval is grantedPrior to the commencement of any work in or to the Premises by Tenant's contractor, Tenant shall cause comply with all applicable laws (for example, by obtaining a building permit if required), and Tenant shall on request deliver to Landlord certificates issued by applicable insurance companies evidencing that workmen's compensation and public liability insurance and property damage insurance, all in amounts and with companies, and on forms reasonably satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. Each such certificate shall provide that it may not be cancelled without ten days' prior written notice to Landlord.
(b) All articles of personal property, and all movable business and trade fixtures, machinery and equipment, cabinetwork, furniture and movable partitions owned or installed by Tenant at its sole expense (and with respect to which no credit or allowance was granted to Tenant by Landlord) in the work described in such plans Premises shall remain the property of Tenant and specifications to may be performedremoved by Tenant at any time, provided that Tenant, at its expense, promptly, efficiently, competently and in a good and workmanlike manner shall repair any damage to the Premises caused by duly qualified and licensed persons or entities approved by Landlord, using first grade materialssuch removal. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, installations, additions or improvements in or to the Premises by Tenant other than those specified in the first sentence of this Section 13(b) shall, upon the completion thereof, become the property of Landlord and shall be surrendered to Landlord upon the expiration or other termination of the Term of this Lease. Landlord may elect to require Tenant to remove all or any part of the property described in the first sentence of this Section 13(b) at the expiration or other termination of the Term of this Lease, in which event of fire or extended coverage loss. such removal shall be done at Tenant's expense, and Tenant shall, at its expense, repair any damage to the Premises caused by such removal.
(c) Tenant shall deliver be solely responsible for the consequences of Tenant's repairs and alterations on the Premises' structure and on the operation of its systems, such as heating, air conditioning, ventilating, electrical and plumbing, whether or not Tenant had received Landlord's consent to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer repairs or alterations pursuant to give the Landlord ten (10) days notice of cancellation of such policiesthis Section 13.
Appears in 3 contracts
Samples: Lease (Brooks Automation Inc), Lease (Brooks Automation Inc), Lease (Helix Technology Corp)
Alterations by Tenant. (a) Tenant shall not make any alterations, renovationsdecorations, additions, installations, substitutes or improvements or other installations (hereinafter collectively called “Alterations”) in, on or in and to any part of the Premises (includingPremises, without limitationfirst obtaining Landlord’s written consent, any alterations which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the tenant shall have the right to install it’s floor mounted supplemental HVAC unit and duct the exhaust into the ceiling plenum if required. No Alteration shall violate the Certificate of the front, signs, structural alterations, or any cutting or drilling into any part of Occupancy for the Premises or any securing applicable law, code or ordinance, or the terms of any fixturesuperior lease or mortgage affecting the Property, apparatusaffect the exterior appearance of the Building, adversely affect the value or equipment structure of the Building, require excessive removal expenses, adversely affect any kind to any other part of the Premises) unless and until Building, adversely affect the mechanical, electrical, sanitary or other service systems of the Building, or involve the installation of any materials subject to any liens or conditional sales contracts (the “Approval Review Matters”). Tenant shall have caused pay Landlord’s reasonable costs of reviewing or inspecting any proposed Alterations.
(b) All work on any Alterations shall be done at reasonable times in a first-class workmanlike manner, by contractors reasonably approved by Landlord, according to plans and specifications therefore reasonably approved by Landlord. All work shall be done in compliance with all applicable laws, regulations, and rules of any government agency with jurisdiction, and with all regulations of the Board of Fire Underwriters or any similar insurance body or bodies. Tenant shall be solely responsible for the effect of any Alterations on the Building’s structure and systems, whether or not Landlord has consented to have been preparedthe Alterations, and shall reimburse Landlord on demand for any costs incurred by Landlord by reason of any faulty work done by Tenant or its contractors. Upon completion of any Alterations, Tenant shall provide Landlord with a complete set of “as-built” plans.
(c) Tenant shall use its best efforts to keep the Property and Tenant’s leasehold interest therein free of any liens or claims of liens arising from acts or omissions of Tenant, or its subtenants, contractors or others claiming by, through or under Tenant, and shall discharge or bond any such liens within ten (10) days of their filing. Before commencement of any work, Tenant’s contractor shall provide any payment, performance and lien indemnity bond required by Landlord. Tenant shall provide evidence of such insurance as Landlord may reasonably require, naming Landlord as an additional insured. Tenant shall indemnify Landlord and hold it harmless from and against any cost, claim, or liability arising from any work done by or at the direction of Tenant. All work shall be done so as to minimize interference with other tenants and with Landlord’s operation of the Building or other construction work-being done by Landlord. Landlord may post any notices it considers necessary to protect it from responsibility or liability for any Alterations, and Tenant shall give sufficient notice to Landlord to permit such posting.
(d) All Alterations affixed to the Premises shall become part thereof and remain therein at the end of the Term. However, if Landlord gives Tenant a notice, at least thirty (30) days before the end of the Term, to remove any Alterations, Tenant shall do so and shall pay the cost of removal and any repair required by such removal. All of Tenant’s personal property, trade fixtures, equipment, furniture, movable partitions, and any Alterations not affixed to the Premises shall remain Tenant’s property, removable at any time. If Tenant fails to remove any such materials at the end of the Term, Landlord may do so and store them at Tenant’s expense, by an architect without liability to Tenant, and may sell them at public or other duly qualified person private sale and shall have obtained Landlord’s approval thereof. Tenant shall submit apply the proceeds to Landlord detailed drawings any amounts due hereunder, including costs of removal, storage and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiessale.
Appears in 3 contracts
Samples: Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp), Lease (Inotek Pharmaceuticals Corp)
Alterations by Tenant. 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, renovationsinstallations, improvements additions or other installations improvements, structural or otherwise (collectively collectively, “Alterations”) in, on in or to the Premises or the Building without Landlord’s prior written consent, which Landlord shall not unreasonably withhold, condition or delay. Tenant’s request for consent shall include copies of plans and specifications for the proposed Alterations or Tenant Improvement Work. Landlord shall have the right to engage a structural engineer, electrical engineer or any part other consultant reasonably required for review of the Premises plans and specifications. Landlord shall respond to any request by Tenant to make any Alteration within ten (10) business days after receipt of such request for consent from Tenant. Notwithstanding the foregoing, Landlord’s consent shall not be required (a) in the case of interior, cosmetic non-structural Alterations that do not require a permit, or affect the Building Systems, or affect the entryways or elevators or any other premises in the Building, or (b) in the case of other Alterations that do not exceed a total price of Fifteen Thousand Dollars ($15,000) per project and do not affect the Building Systems or the structural integrity of the Building. All Alterations shall be done at Tenant’s sole cost and expense, including without limitation the cost and expense of obtaining all permits and approvals required for any Alterations. Tenant shall reimburse Landlord within ten (10) days after written demand as Additional Rent for any out-of-pocket expenses incurred by Landlord in connection with the Tenant Improvement Work and Alterations elected to be made and/or any repairs or replacements required to be made by Tenant, including, without limitation, any alterations of the front, signs, 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 reasonable fees charged by Landlord’s contractors and/or consultants to any part of the Premises) unless and until Tenant shall have caused review plans and specifications therefore to have been prepared, at prepared by Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
Appears in 3 contracts
Samples: Lease Agreement, Commercial Lease (Silver Spring Networks Inc), Commercial Lease (Silver Spring Networks Inc)
Alterations by Tenant. Tenant shall not make any alterations, renovations, additions or improvements or other installations (collectively “Alterations”) into the Premises without Landlord’s prior written consent, on 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 (including, without limitation, any alterations upon expiration or earlier termination of the frontLease Term, signs, structural alterations, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any cutting then-existing tenant improvements or drilling into any part other portions of the Premises or the Building (including without limitation any securing of any fixturepreviously installed Alterations), apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans promptly commence and specifications therefore diligently pursue to have been preparedcompletion the Alterations then underway or shall otherwise 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 an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is grantedTenant, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover repair or replace the cost same, naming Landlord as an additional insured. 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 replacement of all alterations, decorations, additions or improvements to the Premises by Tenant this Lease as provided in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesArticle 20.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement (Sophiris Bio Inc.), Lease Agreement (Sophiris Bio Inc.)
Alterations by Tenant. Subject to Section 5.8, Tenant shall not make have the right of altering, improving, replacing, modifying or expanding the facilities, equipment or appliances in each Facility from time to time as it may determine is desirable for the continuing and proper use and maintenance of the Premises under this Lease; provided, however, that any alterations, renovationsimprovements, replacements, expansions or modifications to any single Facility in excess of Two Hundred Thousand Dollars ($200,000) in any rolling twelve (12) month period shall require the prior written consent of the Landlord; provided, further, that the aggregate cost of tenant-funded improvements for any single Facility cannot exceed ten percent (10%) of Landlord's Original Investment therefor without securing the prior written consent of Landlord. Any amounts funded by Tenant as necessitated by damage to the Premises by casualty or condemnation shall not count towards the foregoing calculation. The cost of all alterations, improvements, replacements, modifications, expansions or other installations purchases, covered by this Section 5.6, whether undertaken as an on-going licensing, Medicare or Medicaid (collectively “Alterations”or any successor program) in, on requirement (if applicable) or to any 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 (including, without limitation, any alterations and the property of the front, signs, structural alterations, or any cutting or drilling into any part Landlord subject to the terms and conditions 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 this Lease. All work done in connection therewith 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work in compliance with all existing codes and regulations pertaining to the applicable Facility and shall comply with all applicable codesthe requirements of insurance policies required under this Lease. In the event any items of any Facility have become inadequate, rulesobsolete or worn out or require replacement (by direction of any regulatory body or otherwise), regulations and ordinances. The Tenant shall remove such items and exchange or replace the same at all times maintain fire insurance with extended coverage in an amount adequate to cover Tenant's sole cost and the cost same shall become part of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in and property of the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesLandlord.
Appears in 3 contracts
Samples: Master Lease and Security Agreement (American Retirement Corp), Master Lease and Security Agreement (American Retirement Corp), Master Lease and Security Agreement (American Retirement Corp)
Alterations by Tenant. Tenant shall not make make, install or erect in or to the Premises any installations, alterations, renovationsadditions or partitions which require a building or similar permit and/or affect any structural portion of the Building including the roof or affect any of the Building systems including but not limited to HVAC, improvements or other installations (collectively “Alterations”) inplumbing and electrical systems, on or without submitting the drawings and specifications to Landlord and obtaining Landlord’s prior written consent in each instance, which consent may not be unreasonably withheld. Furthermore, Tenant shall obtain Landlord’s prior written consent to any part change or changes in such drawings or specifications submitted as aforesaid, subject to the payment of the Premises (includingcost to Landlord of having its architects and/or consultants review such plans and changes thereto prior to proceeding with any work based on such drawings or specifications. All such work shall be performed free and clear of all mechanics’s liens and Landlord shall have no liability for the performance of such work, without limitation, any alterations of the front, signs, 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 notwithstanding its consent to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been preparedspecifications. PROVIDED NEVERTHELESS that Landlord may, at its option, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained require that Landlord’s contractors be engaged for any mechanical or electrical work. Without limiting the generality of the foregoing, any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in the Building Complex by Landlord, its contractors or subcontractors and all work shall be subject to the inspection and reasonable review and approval thereofby Landlord and/or its consultants. In addition to the above, all contractors and subcontractors must meet Landlord’s specifications, as solely determined by Landlord, for minimum requirements for insurance, bonds, quality of work, experience and such other reasonably applicable factors. Tenant shall submit to Landlord’s supervision over construction, shall provide Landlord detailed drawings upon request with financial assurances prior to the commencement of alterations, and plans promptly pay to Landlord’s or Tenant’s subcontractors, as the case may be, when due, the costs of all such work and of all materials, labor and services involved therein and of all decoration and all changes in the Building, its equipment or services necessitated thereby. Tenant covenants that Tenant will not suffer or permit during the Term hereof any mechanics’ or other liens for work, labor, services or materials ordered by Tenant or for the cost of which Tenant may be in any way obligated, to attach to the Premises or to the Building Complex and that whenever and so often as any such liens shall attach or claims therefor shall be filed, Tenant shall, within thirty (30) days after Landlord has notice of the filing of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord and/or Landlord’s lender. Tenant shall, at its own cost and expense, take out or cause to be taken out any additional insurance or bonds reasonably required by Landlord to protect the Landlord’s and Tenant’s interest during the period of alteration. At least five (5) days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the proposed Alterations work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of the Colorado Revised Statutes (1973). During any such work on the Premises, Landlord, or its representatives, shall have the right to go upon and inspect the Premises at all reasonable times, and shall have the time right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2) C.R.S. (1973) or to take any further action which Landlord may deem to be proper for the protection of Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant interest in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesPremises.
Appears in 2 contracts
Samples: Office Lease (Wells Real Estate Fund Ix Lp), Office Lease (Gaiam Inc)
Alterations by Tenant. (a) Tenant may from time to time at its own expense make changes, additions and improvements in the Premises to better adapt the Premises to its business, provided that any such change, addition or improvement shall:
(i) comply with the requirements of all governmental or quasi-governmental authorities having jurisdiction;
(ii) be made only with the prior written consent of Landlord, not to be unreasonably withheld;
(iii) comply with requirements pertaining to Landlord as an owner of property in GLENLYON Business Park, including without limitation any requirements of a Business Park Management Agreement and be equal to or exceed the standard of the Building when constructed; and
(iv) be carried out only by contractors approved in writing by Landlord, which persons shall, if required by Landlord, deliver to Landlord before commencement of the work, an authorised building permit from the applicable municipality, performance and payment bonds, and proof of workers’ compensation and public liability and property damage insurance coverage, with Landlord named as an additional insured, with companies and in amounts and with coverages and in form reasonably satisfactory to Landlord, and which shall not remain in effect during the entire period in which the work will be carried out and for a reasonable period of time thereafter;
(b) Subject to compliance with such reasonable rules and regulations as Landlord may make from time to time, Tenant and its contractors shall have access to the Premises for purposes of undertaking the work approved pursuant to subsection (a), provided such work shall be undertaken and completed with all reasonable diligence;
(c) except to the extent that Landlord, acting reasonably, otherwise requires or directs, such work shall be done by contractors selected by Tenant, provided that there shall be no conflict caused thereby with any alterations, renovations, improvements union or other installations (collectively “Alterations”) in, on or contract to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, which Landlord or any cutting or drilling into any part of the Premises or any securing of any fixtureits contractors may be a party, 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 if Tenant’s expense, by an architect contractors or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If workmen cause such approval is grantedconflict, Tenant shall cause forthwith remove them from 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.Premises;
Appears in 2 contracts
Samples: Lease Agreement, Lease (Tekmira Pharmaceuticals Corp)
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, on or to any part of addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing as provided below (includingwhich consent shall not be unreasonably withheld), without limitation, any alterations of the front, signs, 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, then only at Tenant’s expense, and in a lawful manner and upon such terms and conditions as Landlord, by an architect such writing, shall reasonably approve, which shall include, without limitation, (a) maintenance of insurance in form and substance reasonably satisfactory to Landlord, and (b) compliance with Sections 7.9, 7.11 and 7.13; provided that Landlord’s consent shall not be required for non-structural alterations costing less than $25,000 per alteration and costing less than $50,000 in the aggregate in any calendar year. Any alteration or other duly qualified person addition shall be consistent in appearance with the rest of the Building and the Project and shall have obtained 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 shall be subject to Landlord’s approval thereofapproval, which will not be unreasonably withheld. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time If required by Landlord’s approval is sought. If such approval is grantedlender, Tenant shall cause the work described in provide a statutory xxxx xxxx with respect to such plans and specifications to work. All approved repairs, installations, alterations, additions or other improvements made by Tenant shall be performed, at its expense, promptly, efficiently, competently and made in a good and workmanlike manner by duly qualified and licensed persons or entities manner, between such hours as approved in writing by Landlord, using first grade materialsand in such a way that utilities will not be interrupted and other tenants and occupants of the Project will not suffer unreasonable inconvenience or interference as determined by Landlord. All Tenant’s Invitees shall be given such work reasonable access to other portions of the Building and the mechanical systems as may be necessary or appropriate to perform such work. Both during and after the performance of any such work, Landlord shall comply have free access to any and all mechanical installations in the Premises, including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and 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 heating, ventilating and air conditioning systems in the Building. Unless Landlord elects otherwise, but subject to Section 7.6, all applicable codesinstallations, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises by Tenant in shall be the event property of fire Landlord and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or extended coverage loss. Tenant shall deliver to the Landlord certificates sooner termination of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesthis Lease.
Appears in 2 contracts
Samples: Sublease Agreement (Genocea Biosciences, Inc.), Sublease Agreement (Genocea Biosciences, Inc.)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, 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 therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof, which shall not be unreasonably withheld or delayed and shall be deemed granted if not approved or denied in writing within thirty (30) days of Tenant’s written request therefor. Tenant shall submit to Landlord detailed drawings plans and plans specifications of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies. Notwithstanding the foregoing, Tenant shall be entitled to make interior, non-structural and/or decorative alterations without obtaining Landlord’s consent or providing plans and specifications.
Appears in 2 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, on or to any part of addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing as provided below (includingwhich consent shall not be unreasonably withheld, conditioned or delayed), and then only at Tenant’s expense (subject to Landlord’s obligation to pay the Allowance), and in a lawful manner and upon such terms and conditions as Landlord, by such writing, shall reasonably approve, which shall include, without limitation, (a) maintenance of insurance in form and substance reasonably satisfactory to Landlord, and (b) compliance with Sections 7.9, 7.11 and 7.13; provided that Landlord’s consent shall not be required for non-structural alterations costing less than $25,000 per alteration and costing less than $50,000 in the aggregate in any alterations calendar year. Any alteration or addition shall be consistent in appearance with the rest of the front, signs, structural alterations, Building and the Project 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 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 additions and until Tenant shall have caused detailed plans and specifications therefore specifications. The contractor(s) performing the work shall be subject to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereofapproval, which will not be unreasonably withheld. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time If required by Landlord’s approval is sought. If such approval is grantedlender, Tenant shall cause the work described in provide a statutory xxxx xxxx with respect to such plans and specifications to work. All approved repairs, installations, alterations, additions or other improvements made by Tenant shall be performed, at its expense, promptly, efficiently, competently and made in a good and workmanlike manner by duly qualified and licensed persons or entities manner, between such hours as approved in writing by Landlord, using first grade materialsand in such a way that utilities will not be interrupted and other tenants and occupants of the Project will not suffer unreasonable inconvenience or interference as determined by Landlord. All Tenant’s Invitees shall be given such work reasonable access to other portions of the Building and the mechanical systems as may be necessary or appropriate to perform such work. Both during and after the performance of any such work, Landlord shall comply have free access to any and all mechanical installations in the Premises, including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets, and 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 heating, ventilating and air conditioning systems in the Building. Unless Landlord elects otherwise at the time in which it grants its consent thereto, but subject to Section 7.6, all applicable codesinstallations, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises by Tenant in shall be the event property of fire Landlord and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or extended coverage loss. Tenant shall deliver to the Landlord certificates sooner termination of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesthis Lease.
Appears in 2 contracts
Samples: Lease Agreement (Genocea Biosciences, Inc.), Lease Agreement (Genocea Biosciences, Inc.)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials, without interference with or disruption to the operations of tenants or other occupants of the Center. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
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Alterations by Tenant. Tenant shall will not make or allow to be made any alterationsalterations to the Premises, renovationsinstall any vending machines in the Premises (other than currently existing vending machines), improvements or place signs, decorations or other installations (collectively “Alterations”) in, matters on the Premises or to any part the exterior glass of the Premises which are visible from outside the Premises (includingother than currently existing signs and decorations), without limitationfirst obtaining the written consent of Landlord in each such instance, any alterations of the front, signs, structural which consent may not be unreasonably withheld or delayed. Any and all such alterations, physical additions or any cutting or drilling into any part of improvements when made to the Premises or any securing of any fixtureby Tenant, apparatus, or equipment of any kind to any part of the Premises) unless shall be at Tenant’s sole cost and until Tenant expense and shall be reasonably supervised by Landlord. Landlord shall have caused no obligation to repair, maintain or insure same. Tenant agrees to pay all reasonable costs and expenses incurred by Landlord in connection with such alterations, additions and improvements, including the cost of reviewing plans and specifications therefore and supervising construction. All work to have been preparedbe performed by or for Tenant pursuant hereto will be performed, at Tenant’s sole cost and expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently diligently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply in compliance with all applicable codeslaws, rules, ordinances, and regulations of any public authority having jurisdiction over the Building and/or Tenant. Any and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements alterations to the Premises shall become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Subject to Section 7.5 below, Landlord may, nonetheless, require Tenant in to remove any and all fixtures, equipment and other improvements installed on the event of fire or extended coverage loss. Tenant shall deliver Premises and to restore the Premises to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer condition existing prior to give the Landlord ten (10) days notice of cancellation of such policiesinstallation thereof.
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Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on in or to any part of the Premises or the outparcel (including, without limitation, any alterations of the frontstorefront, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, apparatus or equipment of any kind to any part of the Premises) , unless and until Tenant shall have caused plans and specifications therefore therefor to have been prepared, at Tenant’s 's expense, by an architect or other duly qualified person and shall have obtained obtain Landlord’s 's written approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 or licensed persons or entities approved by Landlord, using first grade materialsentities. All such work shall comply with all applicable codes, rules, rules and regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate from time to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises time adopted by Tenant in the event of fire or extended coverage lossLandlord. Tenant shall deliver have the right to install a satellite dish on the Landlord certificates roof of the Premises, subject to Landlord's prior written approval as more particularly set forth in this paragraph. Tenant may, from time to time, at Tenant's sole cost and expense, paint and decorate the Premises and make such fire insurance policiesnon-structural changes, which shall contain a clause requiring alterations, additions and improvements as will, in the insurer to give reasonable judgment of Tenant, better adapt the Landlord ten (10) days notice Premises for the conduct of cancellation of such policiesTenant's business.
Appears in 1 contract
Alterations by Tenant. The Tenant shall not may from time to time at its own expense make changes, additions and improvements to the Leased Premises to better adapt the same to its business, provided that any alterationschange, renovations, improvements addition or other installations improvement shall:
(collectively “Alterations”a) in, on or to any part comply with the requirements of the Premises Landlord's insurers and any governmental or municipal authority having jurisdiction;
(including, without limitation, any alterations of the front, signs, 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 Premisesb) unless and until Tenant shall have caused be made only after detailed plans and specifications therefore to therefor have been prepared, at Tenant’s expense, by an architect or other duly qualified person submitted to the Landlord and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans received the prior written consent of the proposed Alterations Landlord, and the Tenant acknowledges that the Landlord's consent does not mean that any alterations made by the Tenant to the Leased Premises pursuant to this Section 7.04, comply with any municipal by-laws or any other applicable laws, by-laws, codes or requirements; all costs incurred with respect to such approval to be at the time expense of the Tenant. Any changes, additions and/or improvements affecting the Building's electrical, mechanical and/or structural components shall only be performed by contractors selected by the Landlord ("Landlord’s approval 's Contractors"). A list of Landlord's Contractors is sought. If such approval is granted, Tenant shall cause available upon request;
(c) equal or exceed the work described in such plans and specifications to then current standard for the Building;
(d) be performed, at its expense, promptly, efficiently, competently and carried out in a good and workmanlike manner and only by duly qualified Persons selected by the Tenant and licensed persons or entities approved in writing by the Landlord who shall, if required by the Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates before commencement of such fire the work, performance and payment bonds as well as proof of workers' compensation and public liability and property damage insurance policiescoverage, with the Landlord named as an additional insured, in amounts, with companies and in a form reasonably satisfactory to the Landlord, which shall contain a clause requiring remain in effect during the insurer entire period in which the work will be carried out; and
(e) be made only after the Tenant has provided to give the Landlord ten (10) days notice evidence of cancellation of such policiesall requisite permits and licenses and any other information reasonably required by the Landlord.
Appears in 1 contract
Samples: Lease Amending and Extension Agreement (Ym Biosciences Inc)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, 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 therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials, without interference with or disruption to the operations of tenants or other occupants of the Center. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, policies which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, 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 therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof, which shall not be unreasonably withheld or delayed and shall be deemed granted if not approved or denied in writing within thirty (30) days of Tenant’s written request therefor. Tenant shall submit to Landlord detailed drawings plans and plans specifications of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved approved, by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord Landlord, certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies. Notwithstanding the foregoing, Tenant shall be entitled to make interior, non-structural and/or decorative alterations without obtaining Landlord’s consent or providing plans and specifications.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of Except as expressly provided in the Premises (including, without limitation, any alterations of the front, signs, 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is grantedWork --------------------- Letter, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all make no alterations, decorations, additions or improvements to the Premises or the Building Complex (the "Alterations"), including the installation of equipment or machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond Tenant's Standard Electrical Usage without obtaining the prior written consent of Landlord. Tenant shall submit any such request to Landlord at least 30 days prior to the commencement of the Alterations. Landlord may impose, as a condition to its consent, and at Tenant's sole cost, such requirements as Landlord may 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 entitled to or to require Tenant to post notices on and about the Premises with respect to Landlord's non-liability for the Alterations and 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 Landlord. Alterations which Tenant is permitted to make shall be performed in a good and workmanlike manner and in compliance with this Lease. If Landlord permits any Alterations, then prior to the event commencement of fire or extended coverage loss. those Alterations, Tenant shall deliver to the Landlord certificates (and copies of the 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 property 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 fire 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 insurance policies. Laws, which and 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 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 contain be responsible for the acquisition of auxiliary aids, required under the ADA, including all Alterations required: (i) as a clause requiring result of Tenant, or any subtenant, assignee or concessionaire, being a Public Accommodation (as defined in the insurer ADA); (ii) as a result of the Premises being a Commercial Facility (as defined in the ADA); (iii) as a result of any leasehold improvements made to give the Landlord ten Premises by or on behalf of Tenant, or any subtenant, assignee or concessionaire (10whether or not Landlord's consent to such leasehold improvements was obtained); or (iv) days notice as a result of cancellation the employment by Tenant, or any subtenant, assignee or concessionaire, of such policiesany individual with a disability.
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Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements No alteration or other installations (collectively “Alterations”) in, on or improvement to any part of the Premises (includingshall --------------------- ---------------------------- be made by Tenant without the written consent of Landlord. Concurrently with --------------------------------------- requesting Landlord's consent to the proposed alteration or improvement, without limitation, any alterations of the front, signs, 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 approval thereof. Tenant shall submit to Landlord detailed drawings and preliminary plans of for the alteration or improvement. Landlord shall, in its sole discretion, approve or disapprove the proposed Alterations at the time Landlord’s approval is soughtalteration or improvement, within fifteen days after its receipt of Tenant's written request for approval. If such approval is granted, Tenant shall cause the work described in such plans obtain all necessary governmental permits required for any alteration or improvement, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable governmental laws, regulations, ordinances, and codes, rules, regulations and ordinances. The Tenant shall at be responsible for making any and all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions alterations or improvements that are required by any governmental entity in conjunction with the Americans With Disabilities Act. Any alteration or improvement made by Tenant, after consent has been given, and any fixtures installed as part of the construction, shall at Landlord's option become the property of Landlord on the expiration or other earlier termination of this Lease; provided, however, that Landlord shall have the right to require Tenant to remove the fixtures at Tenant's cost on termination of this Lease. If Tenant is required by Landlord to remove the fixtures on termination of this Lease, Tenant shall repair and restore any damages to the Premises caused by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesremoval.
Appears in 1 contract
Alterations by Tenant. The Tenant may from time to time at its own expense make changes, additions and improvements to the Leased Premises to better adapt the same to its business, provided that any change, addition or improvement shall:
(a) comply with the requirements of the Landlord's insurers and any governmental or municipal authority having jurisdiction;
(b) notwithstanding anything set out in this Lease to the contrary, the Landlord acknowledges and agrees that the Tenant shall not make be liable for any alterationsPollutants, renovationsin on, improvements over, under or emanating from the Project prior to the date which is the earliest of the following: (a) the date on which the Tenant takes occupancy of the Leased Premises under this Lease; or (b) the date on which the Tenant took occupancy of the Leased Premises under any prior lease of the Leased Premises; or (c) the date on which the Tenant took occupancy of any other installations premises in the Project under any other lease of such other premises in the Project; or (collectively “Alterations”d) the Commencement Date of this Lease, provided the Tenant, its representatives, employees, agents, visitors or those authorized to be in the Leased Premises or the Project, invitees, contractors and all other persons for whom the Tenant is in law responsible in no way contributed to the existence, damage, disturbance or release in any way of any such Pollutants in, on on, over, under or to any part of emanating from the Premises Product.
(including, without limitation, any alterations of the front, signs, 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 Premisesc) unless and until Tenant shall have caused be made only after detailed plans and specifications therefore to therefor have been prepared, at Tenant’s expense, by an architect or other duly qualified person submitted to the Landlord and shall have obtained Landlord’s received the prior written approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations Landlord, all at the time Landlord’s approval is sought. If expense of the Tenant, and should the Landlord provide its written approval, such approval shall not be deemed to mean that the proposed changes, additions or improvements comply with any existing or future municipal by-laws or any other applicable laws, by-laws, codes or requirements. All costs incurred with respect to such approval shall be at the expense of the Tenant. Any changes, additions and/or improvements affecting the Building's electrical, mechanical and/or structural components shall only be performed by contractors selected by the Landlord (the "Landlord's Contractors"). A list of the Landlord's Contractors is granted, Tenant shall cause available upon request;
(d) equal or exceed the work described in such plans and specifications to then current standard for the Building;
(e) be performed, at its expense, promptly, efficiently, competently and carried out in a good and workmanlike manner and subject to Subsection 7.04(c), only by duly qualified Persons selected by the Tenant and licensed persons or entities approved in writing by the Landlord who shall, if required by the Landlord, using first grade materialsdeliver to the Landlord before commencement of the work, performance and payment bonds as well as proof of workers' compensation and public liability and property damage insurance coverage, with the Landlord and the Landlord's agent and nominee (if any) named as additional insureds, in amounts, with companies and in a form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the work will be carried out; and
(f) be made only after the Tenant has provided to the Landlord evidence of all requisite permits and licenses and any other information reasonably required by the Landlord. All Upon completion of such change, addition or improvement, the Tenant shall provide to the Landlord as-built drawings and/or a CAD disk of same in a format useable by the Landlord, together with evidence satisfactory to the Landlord of a final inspection of such change, addition or improvement (including inspection of mechanical and electrical systems where applicable) by the authority which issued the permit or license for same. It is understood and agreed that the Landlord shall have no responsibility or liability whatsoever with respect to any such work or attendant materials left or installed in the Project and shall comply with all applicable codes, rules, regulations be reimbursed for any Outlays and ordinancesfor any delays caused to the Landlord or its contractor(s) directly or indirectly as a result thereof. The Tenant shall be solely responsible for the removal of any and all construction refuse or debris resulting from such work with such removal to occur only after normal business hours. -------------- * Per hand marked revision to the original, the text of Section 7.04(b) is incorporated from Schedule E to the original (which is here omitted). Any increase in Taxes or fire or casualty insurance premiums for the Project attributable to such change, addition or improvement shall be borne by the Tenant. The Tenant shall promptly repair at all times maintain fire insurance with extended coverage in an amount adequate its own expense any damage to cover the cost Leased Premises or the Project, including without limitation the property of replacement of all alterationsothers, decorationsresulting from such changes, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesimprovements.
Appears in 1 contract
Alterations by Tenant. Subject to Section 5.8, Tenant shall not make have the right of altering, improving, replacing, modifying or expanding the facilities, equipment or appliances in the Premises from time to time as it may determine is desirable for the continuing and proper use and maintenance of the Premises under this Lease; provided, however, that any alterations, renovationsimprovements, replacements, expansions or modifications to the Premises in excess of One Million Five Hundred Thousand Dollars ($1,500,000) in any rolling twelve (12) month period shall require the prior written consent of the Landlord; provided, further, that the 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. Any amounts funded under the Development Addendum or by Tenant as necessitated by damage to the Premises by casualty or condemnation shall not count towards the foregoing calculation. The cost of all alterations, improvements, replacements, modifications, expansions or other installations purchases, covered by this Section 5.6, whether undertaken as an on-going licensing, Medicare or Medicaid (collectively “Alterations”or any successor program) in, on requirement (if applicable) or to any 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 (including, without limitation, any alterations and the property of the front, signs, structural alterations, or any cutting or drilling into any part Landlord subject to the terms and conditions 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 this Lease. All work done in connection therewith 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work in compliance with all existing codes and regulations pertaining to the Premises and shall comply with all applicable codesthe requirements of insurance policies required under this Lease. In the event any items of the Premises have become inadequate, rulesobsolete or worn out or require replacement (by direction of any regulatory body or otherwise), regulations and ordinances. The Tenant shall remove such items and exchange or replace the same at all times maintain fire insurance with extended coverage in an amount adequate to cover Tenant's sole cost and the cost same shall become part of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in and property of the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesLandlord.
Appears in 1 contract
Alterations by Tenant. Tenant shall will not make any structural alterations, renovations, improvements or other installations (collectively “Alterations”) in, on on, or to the Premises or any part of the Premises thereof (including, without limitation, any alterations of the front, signs, structural alterations, storefront or any cutting or drilling into any part structural element of the Building) until Tenant shall have received Landlord's written approval, which approval Landlord agrees shall not be unreasonably withheld, delayed or conditioned. Any structural modifications to the Premises which materially affect the structure of the Premises or Building shall require Landlord's prior written approval, which approval shall be subject to Landlord's sole discretion. Tenant may at its sole cost, without Landlord's consent (a) make non-structural, interior, remodeling or refurbishing alterations which (i) do not affect the storefront or Project systems, and (ii) are in compliance with the requirements of Section 8.2 or (b) make any securing such other alterations or repairs which are of any fixturean emergency nature, apparatus, or equipment of any kind to any part of provided the Premises) unless same are made in a workmanlike manner and until utilizing good quality materials. Tenant shall have caused plans the right to place and specifications therefore to have been preparedinstall personal property, at Tenant’s expensetrade fixtures, by an architect equipment, signs or other duly qualified person items identifying Tenant's business or Tenant's proprietary marks and shall have obtained Landlord’s approval thereofother temporary installations in and upon the Premises, and fasten the same to the Premises. All personal property, equipment, machinery, trade fixtures, signs or other items identifying Tenant's business or Tenant's proprietary marks, and temporary installations, whether acquired by Tenant shall submit to Landlord detailed drawings and plans at the commencement of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 Lease term or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions placed or improvements to installed on the Premises by Tenant in the event thereafter, shall remain Tenant's property free and clear of fire or extended coverage lossany claim by Landlord. Tenant shall deliver have the right to remove the same at any time during the term of this Lease provided that all damage to the Landlord certificates of Premises caused by such fire insurance policies, which removal shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesbe repaired by Tenant at Tenant's expense.
Appears in 1 contract
Alterations by Tenant. 6.01 If the Tenant, during the Term of this Lease or any renewal of it, desires to make any alterations or additions to the Premises, including, but not limited to, erecting partitions, attaching equipment, and installing necessary furnishings or additional equipment of the Tenant’s business, the Tenant may do so at its own expense, at any time and from time to time, if the following conditions are met:
a) before undertaking any alteration or addition the Tenant shall submit to the Landlord a plan showing the proposed alterations or additional and items included in the plan which are regarded by the Tenant as “Trade Fixtures” shall be designated as such on the plan, and the Tenant shall not proceed to make any alteration or addition unless the Landlord has approved the plan, and the Landlord shall not unreasonably or arbitrarily withhold its approval;
b) any and all alterations or additions to the Premises made by the Tenant must comply with all applicable building code standards and by-laws of the municipality in which the Premises are located.
6.02 The Tenant shall be responsible for an pay the cost of any alterations, renovationsadditions, installations or improvements that any governing authority, municipal, provincial or other installations (collectively “Alterations”) otherwise, may require to be made in, on or to the Premises.
6.03 No sign, advertisement or notice shall be inscribed, painted or affixed by the Tenant, or any other person on the Tenant’s behalf, on any part of the inside or outside of the building in which the Premises are located unless the sign, advertisement or notice has been approved in every respect by the Landlord.
6.04 All alterations and additions to the Premises made by or on behalf of the Tenant, other than the Tenant’s Trade Fixtures, shall immediately become the property of the Landlord without compensation to the Tenant.
6.05 The Tenant agrees, at its own expense and by whatever means may be necessary, immediately to obtain the release or discharge of any encumbrance that may be registered against the Landlord’s property in connection with any additions or alterations to the Premises made by the Tenant or in connection with any other activity of the Tenant.
6.06 If the Tenant has complied with his obligations according to the provisions of this Lease, the Tenant may remove his Trade Fixtures at the end of the Term or other termination of this Lease and the Tenant covenants that he will make good and repair or replace as necessary any damage caused to the Premises by the removal of the Tenant’s Trade Fixtures.
6.07 Other than as provided in section 6.06 above, the Tenant shall not, during the Term of this Lease or anytime thereafter remove from the Premises any Trade Fixtures or other goods and chattels of the Tenant except in the following circumstances:
a) the removal is in the ordinary course of business;
b) the Trade Fixture has become unnecessary for the Tenant’s business or is being replaced by a new or similar Trade Fixture; or
c) the Landlord has consented in writing to the removal; but in any case the Tenant shall make good any damage caused to the Premises by the installation or removal of any Trade Fixtures, equipment, partitions, furnishings and any other objects whatsoever brought onto the Premises by the Tenant.
6.08 The Tenant shall, at its own expense, if requested by the Landlord, remove any or all additions or improvements made by the Tenant to the Premises during the Term and shall repair all damage caused by the installation or removal or both.
6.09 The Tenant shall not bring onto the Premises or any part of the Premises (includingany machinery, without limitation, equipment or any alterations other thing that might in the opinion of the frontLandlord, signsby reason of its weight, structural alterationssize or use, or any cutting or drilling into any part of damage the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part overload the floors of the Premises) unless , and until if the Premises are damaged or overloaded the Tenant shall have caused plans and specifications therefore restore the Premises immediately or pay to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to the Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to restoring the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesPremises.
Appears in 1 contract
Samples: Lease Agreement
Alterations by Tenant. Tenant, at its expense, may make such alterations, additions and improvements to the Demised Premises as are necessary or desirable for the conduct of its business; provided, however, that Tenant shall not make any alterations, renovations, additions or improvements or other installations (collectively “Alterations”) in, on in or to any part the Demised Premises which (a) affect the exterior or structure of the Demised Premises or the Building's electrical, plumbing, mechanical or HVAC systems or (includingb) reduce the value or utility of the Building, without limitationLandlord's prior written consent in each instance, such consent not to be unreasonably withheld or delayed, and subject to such reasonable conditions and requirements as Landlord may reasonably impose. Prior to making any alterations of the front, signs, structural alterations, additions, installations 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performedimprovements, at its expense, promptlyTenant shall obtain all permits, efficientlyapprovals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and deliver duplicates of all such permits, competently approvals and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by certificates to Landlord, using first grade materials. All such work Tenant shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage the requirements of SECTION 6.2 in an amount adequate to cover the cost of replacement of all making any alterations, decorationsadditions, additions installations or improvements to the Premises by Tenant in the event of fire or extended coverage lossimprovements. Tenant shall carry, or cause Tenant's contractors and sub-contractors to carry, such workmen's compensation, general liability, builders' risk, personal and property damage insurance as Landlord may reasonably require. Tenant shall maintain a complete and current set of "as-built" plans and specifications for the Demised Premises and shall deliver copies thereof to Landlord not later than 30 days after the completion of any alteration, addition or improvement to the Demised Premises. Any approved or permitted alterations by Tenant shall be surrendered to Landlord certificates as provided in ARTICLE 18 hereof upon expiration of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesthis Lease.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All from time to time during the term of this lease may make such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises as it deems necessary and may erect or remove any walls or partitions in or about the Premises; provided, that any such work done by Tenant shall be done in a workmanlike manner without impairing the event structural soundness of fire the Premises and shall comply with every applicable requirement of law or extended coverage lossany duly constituted authority having jurisdiction over the Premises. Landlord agrees to cooperate with Tenant in securing any necessary permits and authorities to perform any work on the Premises permitted under this lease. At or prior to the termination of this lease or of any hold over by Tenant under this lease, Tenant shall deliver have the right but not the obligation to remove from the Premises any alterations, additions or improvements in or to the Landlord certificates Premises made by Tenant pursuant to this paragraph; provided, that Tenant accomplishes such removal without substantial damage to the Premises. No damage to the Premises from such removal shall be considered substantial if, promptly after such removal, Tenant restores the Premises to the condition they were in immediately prior to the making of such fire insurance policiesalternations, additions or improvements. Any such alterations, additions or improvements which Tenant elects not to remove from the Premises shall contain a clause requiring become the insurer to give the Landlord ten (10) days notice property of cancellation of such policiesLandlord.
Appears in 1 contract
Samples: Lease Agreement (Telvent Git S A)
Alterations by Tenant. The Tenant shall not may from time to time at its own expense make changes, additions and improvements to the Leased Premises to better adapt the same to its business, provided that any alterationschange, renovations, improvements addition or other installations improvement shall:
(collectively “Alterations”a) in, on or to any part comply with the requirements of the Premises Landlord’s insurers and any governmental or municipal authority having jurisdiction;
(b) be made only if, prior to preparation of any plans and specifications and prior to commencement of any work: (i) in the Leased Premises, including, without limitationlimiting the generality of the foregoing, any alterations demolition, construction or alterations, the Tenant has determined through testing at its own cost and expense what Pollutants, if any, are present in the Leased Premises; or (ii) in any area above any dropped ceiling in the Leased Premises or in any area outside of the frontLeased Premises, signsthe Tenant has notified the Landlord in writing and takes such measures in carrying out such work as are required by the Landlord and, structural alterationsin either event, if the Tenant fails to do so, the Tenant acknowledges and agrees that it shall indemnify and hold harmless the Landlord from and against any and all Claims growing or arising out of the Tenant’s failure to do so;
(c) be made only after detailed plans and specifications therefor, including a waste management plan and, where practicable, a plan for recycling of construction materials, have been submitted to the Landlord and received the prior written approval of the Landlord, all at the expense of the Tenant, and should the Landlord provide its written approval, such approval shall not be deemed to mean that the proposed changes,, additions or improvements comply with any existing or future municipal by-laws or any cutting other applicable laws, by-laws, codes or drilling into requirements. Notwithstanding the foregoing, the Tenant shall be permitted to make non-structural interior alterations to the Leased Premises that do not affect any part of base building systems or facilities (or other Common Elements) or detrimentally affect the Premises appearance or any securing of any fixture, apparatus, or equipment of any kind to any part quality of the Premises) unless , up to a maximum of Seventy-Five thousand dollars ($75,000.00), without the requirement to prepare detailed plans and until specifications; provided that the Tenant shall have caused comply with the other provisions of this Section 7.04. All reasonable third party out-of-pocket costs incurred by the Landlord in reviewing and approving the Tenant’s detailed plans and specifications therefore incurred with respect to have been preparedsuch approval shall be at the expense of the Tenant. Any changes, at Tenantadditions and/or improvements affecting the Building’s expenseelectrical, mechanical and/or structural components shall only be performed by an architect contractors selected or other duly qualified person and shall have obtained approved by the Landlord (the “Landlord’s approval thereofContractors”). Tenant shall submit to Landlord detailed drawings and plans A list of the proposed Alterations at the time Landlord’s approval Contractors is sought. If such approval is granted, Tenant shall cause available upon request;
(d) equal or exceed the work described in such plans and specifications to then current standard for the Building;
(e) be performed, at its expense, promptly, efficiently, competently and carried out in a good and workmanlike manner and, subject to Subsection 7.04(c), only by duly qualified Persons selected by the Tenant and licensed persons or entities approved in writing by the Landlord who shall, if required by the Landlord, using first grade materials. All such deliver to the Landlord before commencement of the work, proof of workers’ compensation, construction (including builder’s risk insurance and errors and omission insurance covering the contractor, if any, general contractor, if any, and all architects and engineers) and public liability and property damage insurance coverage, with the Landlord and the Landlord’s Agent and Nominee named as additional insureds, in amounts, with companies and in a form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the work shall comply with all applicable codes, rules, regulations and ordinances. The will be carried out; and
(f) be made only after the Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate has provided to cover the cost of replacement Landlord evidence of all alterationsrequisite permits and licences and any other information reasonably required by the Landlord. It is understood and agreed that, decorationsfor the purposes of applicable provincial health and safety legislation, the Tenant will be deemed to be the prime contractor when it or any Person on its behalf makes any such changes, additions or improvements to the Premises by Tenant in Leased Premises. Upon completion of such change, addition or improvement, the event of fire or extended coverage loss. Tenant shall deliver provide to the Landlord certificates as-built drawings and/or a CAD disk of same in a format useable by the Landlord, together with evidence satisfactory to the Landlord of a final inspection of such fire insurance policieschange, addition or improvement (including inspection of mechanical and electrical systems where applicable) by the authority which shall contain issued the permit or licence for same. If any modifications, extensions, changes, improvements, alterations, repairs or replacements to any part of the Building are required or necessitated as a clause requiring result of any changes, additions, alterations, repairs or improvements to the insurer to give Leased Premises by the Tenant (or any other Tenant’s work) , as determined by the Landlord, the Landlord ten (10may at its option either itself or through the Landlord’s Contractors perform the necessary work, at the expense of the Tenant) days together with an administration fee equal to 15% of the costs for overhead and supervision), or forthwith give notice to the Tenant to do such work within the requisite period of cancellation time and the Tenant shall thereupon do such work within the requisite period of such policiestime.
Appears in 1 contract
Samples: Lease Agreement (Shopify Inc.)
Alterations by Tenant. Tenant shall not make any alterations, renovations, additions or improvements or other installations (collectively “Alterations”) in, on in or to the exterior or structure of any part of building or building system on the Premises (including, without limitation, any alterations of the front, signs, 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 first submitting to any part of the Premises) unless and until Tenant shall have caused Landlord professionally-prepared plans and specifications therefore for such work and obtaining Landlord’s prior written approval thereof, which approval shall not be unreasonably withheld, delayed or conditioned. Tenant covenants that it will cause all alterations, additions and improvements to have been prepared, the Premises to be performed at Tenant’s expensesole cost and in a manner which: (a) is consistent with the Landlord-approved plans and specifications and any conditions reasonably imposed by Landlord in connection therewith; (b) is in conformity with commercial standards; and (c) does not invalidate or otherwise affect the warranties then in effect with respect to the Premises. Tenant shall secure all governmental permits and approvals for, as well as comply with all Applicable Laws in connection with, all alterations, additions and improvements. Any alterations made by an architect Tenant during the Term shall remain on and be surrendered with the Premises upon expiration or other duly qualified person and shall have obtained earlier termination of the Term, unless Landlord notified Tenant at the time of Landlord’s approval thereof. Tenant shall submit that Landlord will require the same to Landlord detailed drawings and plans be removed upon termination or expiration of the proposed Alterations at the time Landlord’s approval is sought. If such approval is grantedTerm, in which event Tenant shall cause the work described in such plans and specifications applicable alteration to be performedremoved, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to restore the Premises by Tenant in to its original condition prior to such alterations and repair any damage resulting from such removal. This obligation shall survive the event termination of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Safeco Corp)
Alterations by Tenant. (a) Tenant shall not make any no alterations, renovationsdecorations, installations, additions or improvements in or to the Premises, the cost of which exceeds $2,500, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. Tenant understands that Landlord’s consent will be conditioned on Landlord’s reasonable approval of plans, specifications, contractors, insurance, and proof of financial capability to complete the anticipated work. Tenant acknowledges that Landlord may reasonably condition its approval of the plans and specifications upon (i) Tenant’s contractor furnishing Landlord with a performance and payment bond on the latest edition of the A.I.A. form, covering such contractor’s obligations, in which Landlord shall be named as a dual obligee, in the total amount of the cost of the work, and (ii) and from its contractor’s subcontractors, and its and their materialmen, from time to time at such reasonable times based on the contracts with Tenant’s contractor, subcontractors and suppliers, partial and full lien waivers and such other information as Landlord shall reasonably request in order to insure compliance with the provisions of this Lease. Prior to the commencement of any work in or to the Premises by Tenant’s contractor, Tenant shall comply with all applicable laws (for example, by obtaining a building permit if required) and covenants of record, and Tenant shall on request deliver to Landlord certificates issued by applicable insurance companies evidencing that workmen’s compensation and public liability insurance and property damage insurance, all in amounts and with companies, and on forms reasonably satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. Each such certificate shall provide that it may not be cancelled without ten days’ prior written notice to Landlord. During all times when construction work is ongoing, Landlord and its designees shall have the right to inspect the Building at any time without notice, provided, however, such inspections shall not interfere with the ongoing construction at the Premises.
(b) All articles of personal property, and all movable business and trade fixtures, machinery and equipment, furniture and movable partitions owned or installed by Tenant at its sole expense (and with respect to which no credit or allowance was granted to Tenant by Landlord) in the Premises shall remain the property of Tenant and may be removed by Tenant at any time, provided that Tenant, at its expense, shall repair any damage to the Premises caused by such removal. All Tenant Improvements, alterations, decorations, installations, additions or improvements in or to the Premises other than those specified in the first sentence of this Section 13(b) shall, upon the completion thereof, become the property of Landlord and shall be surrendered to Landlord upon the expiration or other installations (collectively “Alterations”) intermination of the Term of this Lease; provided, on however, Landlord may elect to require Tenant to remove all or to any part of such property at the Premises (including, without limitation, any alterations expiration or other termination of the frontTerm of this Lease, signs, 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 in which event such removal shall have caused plans and specifications therefore to have been prepared, be done at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performedshall, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements repair any damage to the Premises caused by Tenant in the event of fire or extended coverage loss. such removal.
(c) Tenant shall deliver to be solely responsible for (i) the Landlord certificates consequences of Tenant’s repairs and alterations on the Premises’ structure and on the operation of its systems, such as heating, air conditioning, ventilating, electrical and plumbing, and (ii) the maintenance and replacement of such fire insurance policiesalterations, which shall contain a clause requiring the insurer in each case whether or not Tenant had received Landlord’s consent to give the Landlord ten (10) days notice of cancellation of such policiesrepairs or alterations pursuant to this Section 13 and whether or not those items are otherwise excluded from Operating Costs under Section 6(b)(iii).
Appears in 1 contract
Samples: Lease Agreement
Alterations by Tenant. Tenant may from time to time at its own expense make non-structural changes, additions and improvements in the Premises 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 consent of Landlord, which consent will not be unreasonably withheld,
(c) equal or exceed the then current standard for the Buildings,
(d) be carried out only by persons selected by Tenant and approved in writing by Landlord, which approval will not be unreasonably withheld, who shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or if required by Landlord deliver to any part Landlord before commencement of the Premises work performance and payment bonds as well as proof of worker’s compensation and public liability and property damage insurance coverage, with Landlord named as an additional insured, in amounts, with companies, and in forms reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work will be carried out, and
(including, without limitatione) If requested by Landlord prior to termination, any alterations of the front, signs, structural alterations, wiring or any cutting or drilling into any part of cabling installed by Tenant in the Premises or any securing of any fixturein shafts, apparatus, ducts or equipment of any kind to any part portions of the PremisesCommon Areas (excluding standard wiring for electrical use) unless and until shall be removed by Tenant shall at Tenant’s expense on or before the Expiration Date or earlier termination of this Lease. If Tenant fails to remove any such wiring or cabling, Landlord may have caused plans and specifications therefore to have been prepared, the same removed at Tenant’s expense. Any increase in property taxes on or fire or casualty insurance premiums for the Buildings attributable to such change, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions addition or improvements to the Premises shall be borne by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesTenant.
Appears in 1 contract
Alterations by Tenant. Tenant may, with the specific written approval of Landlord which shall not be unreasonably withheld, make such alterations, additions, installations or repairs, at its own expense, to the interior of the Premises as Tenant may require to conduct its business; provided, however, that such alterations, additions, installations or repairs may not materially alter the basic character or structure of the building or improvements or weaken the structure of the Premises in any way. Any such alterations, additions, installations or repairs must be performed in a good, workmanlike manner, and Tenant agrees that Landlord may, upon notice to Tenant, come upon the Premises to inspect such alterations, additions, installations or repairs to determine that they are being made subject to the terms of said written approval. Said written approval may include the requirement that such alterations, additions, installations or repairs be incorporated into the Premises and left therein at the termination of this Lease. Tenant shall require any contractor performing any such alterations, additions, installations or repairs to provide (i) public liability and property damage insurance meeting the requirements of Section 4.5 hereof and naming Landlord as an additional insured; and (ii) an indemnification and hold harmless agreement in favor of Landlord covering any loss, damage, claim, liability, cost or expense for injuries, death, or property damage in connection with contractor’s performance of the work. In addition, the Tenant Improvements, as more fully described on Exhibit “B” hereto, shall be subject to the following: Landlord agrees to provide Tenant with a One Million Two Hundred Fifty Thousand Dollar ($1,250,000) allowance for the exclusive purpose of improving the building for Tenants use. Landlord shall have the absolute right to approve or disapprove (a) all written plans and specifications, (b) any modifications to the plans and specifications or any change orders; (c) the contractor to perform the Tenant Improvements. Tenant shall provide Landlord with notice of the time and date of, and shall allow Landlord or Landlord’s representative, to attend and participate in, any and all construction and/or progress meetings. All invoices for work performed in connection with the Tenant Improvements shall be submitted to Landlord for approval. Landlord agrees to pay the initial One Million Two Hundred Fifty Thousand Dollar ($1,250,000) of the Tenant Improvements and the additional costs to be sole obligation of the Tenant. In the event any lien is filed against the Premises, or any notice of intent to file a lien is provided to Tenant, and Tenant shall not make any alterationstake the actions required in Section 6.5 hereof, renovations, improvements or other installations then Landlord shall have the absolute right to either (collectively “Alterations”a) in, on or require the Tenant to any part post a cash bond guaranteeing payment of the Premises (including, without limitation, any alterations of the front, signs, structural alterationsongoing Tenant Improvements, or any cutting or drilling into any part of (b) require the Premises or any securing of any fixture, apparatus, or equipment of any kind contractor to any part of stop work on 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesImprovements.
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Samples: Industrial Net Lease (MRS Fields Famous Brands LLC)
Alterations by Tenant. Tenant shall not make have the right of altering, improving, replacing, modifying or expanding the facilities, equipment or appliances in the Premises from time to time as it may determine is desirable for the continuing and proper use and maintenance of the Premises under this Lease; provided, however, that any alterations, renovationsimprovements, improvements replacements, expansions or modifications to the Premises in excess of Five Hundred Thousand Dollars ($500,000) in any rolling twelve (12) month period shall require the prior written consent of the Landlord, which shall not be unreasonably withheld, conditioned, or delayed; provided, however, no such alterations, improvements, replacements, modifications or expansions shall result in a material diminution of value of the Premises or shall materially adversely affect the use and operation of the Premises upon completion. Any amounts funded by Tenant as necessitated by damage to the Premises by casualty or condemnation or in the nature of routine or ordinary course capital expenditures shall not be included in the foregoing calculation. The cost of all alterations, improvements, replacements, modifications, expansions or other installations (collectively “Alterations”) inpurchases, on or to any covered by this Section 5.5 shall be borne solely and exclusively by Tenant and shall immediately become a part of the Premises (including, without limitation, any alterations and the property of the front, signs, structural alterations, or any cutting or drilling into any part Landlord subject to the terms and conditions 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 this Lease. All work done in connection therewith 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work in compliance with all existing codes and regulations pertaining to the Premises and shall comply with all applicable codesthe requirements of insurance policies required under this Lease. In the event any items of the Premises have become inadequate, rulesobsolete or worn out or require replacement (by direction of any regulatory body or otherwise), regulations and ordinances. The Tenant shall remove such items and exchange or replace the same at all times maintain fire insurance with extended coverage in an amount adequate to cover Tenant's sole cost and the cost same shall become part of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in and property of the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesLandlord.
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Alterations by Tenant. Section 10.4.1 of the General Terms and Conditions to Lease is deleted in its entirety and the following provision is substituted: Tenant shall will not make make: (i) any alterationsalteration, modification, substitution or other change of any nature to the structural, mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises; nor (ii) any renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the frontexterior of the Premises, signs, 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); nor (iii) any installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings (all collectively referred to herein as "Alterations"), unless and until Tenant shall have caused complete plans and specifications therefore therefor to have been prepared, at Tenant’s 's expense, by an architect or other duly qualified person person, shall have submitted same to Landlord and shall have obtained Landlord’s 's written approval thereof. Tenant , which consent shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is soughtnot be unreasonably withheld, conditioned or delayed. If such approval is granted, 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 entities approved by Landlordentities, using first grade materialswithout interference with or disruption to the operations of tenants or other occupants of the Building or the Center. All such work shall comply with all applicable codes, rules, regulations and ordinancesordinances and shall be performed by contractors who are approved by Landlord (which consent shall not be unreasonably withheld, conditioned or delayed) and who carry the insurance coverage required in Section 15. The 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 (provided that, in such case, Landlord's contractor's bid shall at all times maintain fire insurance with extended coverage in an amount adequate to cover not exceed the bid of the lowest qualified bidder suggested by Tenant); and such cost shall include a construction management fee of fifteen percent (15%) of the total cost of replacement of all alterations, decorations, additions or improvements to the Premises by work. Alterations shall only be made after Tenant in has obtained any necessary permits from governmental authorities for the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesAlterations.
Appears in 1 contract
Samples: Industrial Gross Lease Agreement (Asset Acceptance Capital Corp)
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, on or to any part of addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing as provided below (includingwhich consent shall not be unreasonably withheld, without limitationconditioned or delayed), any alterations of the front, signs, 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, then only at Tenant’s expense, and in a lawful manner and upon such terms and conditions as Landlord, by an architect such writing, shall reasonably approve, which shall include, without limitation, (a) maintenance of insurance in form and substance reasonably satisfactory to Landlord, and (b) compliance with Sections 7.9 or other duly qualified person 7.11; provided that Landlord’s consent shall not be required for non-structural alterations costing less than $100,000.00 per alteration and costing less than $250,000.00 in the aggregate in any calendar year. Any alteration or addition shall be consistent in appearance with the rest of the Building and the Project and shall have obtained Landlord’s approval thereofbe made only after duly obtaining (and providing to Landlord copies of) all required permits and licenses from all governmental authorities. Tenant shall submit will deliver to Landlord in writing a schedule setting forth the details and location of all such proposed alterations or additions and detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications (to the extent customarily required with respect to such alterations or additions). The contractor(s) performing the work shall be performedsubject to Landlord’s approval, at its expensewhich will not be unreasonably withheld, promptlyconditioned or delayed. All approved repairs, efficientlyinstallations, competently and alterations, additions or other improvements made by Tenant shall be made in a good and workmanlike manner by duly qualified and licensed persons or entities manner, between such hours as reasonably approved in writing by Landlord, using first grade materialsand in such a way that utilities will not be interrupted and other tenants and occupants of the Project will not suffer unreasonable inconvenience or interference as reasonably determined by Landlord. All such work shall comply with Unless Landlord elects otherwise at the time it grants its approval, but subject to Section 7.6, all applicable codesinstallations, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises by shall be the property of Landlord and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or sooner termination of this Lease. If Landlord requires Tenant in to remove any such installations, alterations, additions or improvements at the event end of fire the Lease Term or extended coverage loss. sooner termination of this Lease, Landlord shall notify Tenant shall deliver to the Landlord certificates of such fire insurance policiesrequirement at the time Landlord initially consents in writing to such installation, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesalteration, addition, or improvement.
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Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, 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 therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials,. without interference with or disruption to the operations of tenants or other occupants of the Center. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, policies which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
Appears in 1 contract
Alterations by Tenant. Landlord agrees that Tenant may make, at its own --------------------- expense, any minor non-structural alterations, repairs, replacements or additions to the building on the Premises, provided:
(a) Any such alterations, repairs, replacements or additions shall not lessen the value of the said building as it shall be at the commencement of this Lease; and,
(b) Tenant shall perform such alterations, repairs, replacements or additions, in accordance with the statutes, ordinances, rules, regulations and orders of all public or quasi-public authorities having jurisdiction thereof and in accordance with the rules and regulations of the local board of Fire Insurance Underwriters; and,
(c) The Premises shall at all times be kept free and clear of all mechanic's, materialmen's, labor or other liens or claims of liens, and Tenant agrees to indemnify and save harmless Landlord from all claims, demands and liability, including damage to person or property arising out of or in connection with any such work; and,
(d) At all reasonable times during the progress of such construction work, Landlord or persons authorized by Landlord, shall have the right to go upon the Premises for the purpose of inspecting the construction work then in progress; and,
(e) Tenant shall at the expiration of the term of the Lease, and at Tenant's expense, remove any partitions constructed by Tenant, upon request by Landlord. Tenant covenants and agrees with Landlord that Tenant shall not make any additions or alterations or structural changes in or about the Premises, without first submitting plans and specifications thereof to Landlord, and obtaining the written approval of Landlord. Upon obtaining such written approval, Tenant may make such additions or alterations at Tenant's sole cost and expense and subject to the obligations of subparagraphs (a) - (e) above, inclusive, and providing that such additions or alterations do not damage the building or endanger its support or stability. Such additions, alterations, renovationsor improvements (except trade fixtures), improvements or other installations (collectively “Alterations”) input in at the expense of Tenant, on or to any as aforesaid, shall be and become a part of the Premises (includingat the termination of this Lease, without limitationand become, therefore the property of Landlord. Tenant shall have the right to remove Tenant's trade fixtures provided the walls, floors and ceilings are restored to the condition existing on the date of commencement of this Lease. Nothing in the lease shall be construed to authorize Tenant or any alterations person dealing with or under Tenant, to charge the rents of the frontPremises, signsor the property of which the Premises form a part, structural alterationsor the interest of Landlord in the estate of the Premises, or any cutting or drilling into any part of person under and through whom Landlord has acquired its interest in the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part estate of the Premises) unless , with a mechanics' lien or encumbrance of any kind, and until under no circumstances shall 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 approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications be construed to be performedthe agent, at its expense, promptly, efficiently, competently and employee or representative of Landlord in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All the making of any such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions alterations or improvements to the Premises, but on the contrary, the right or power to charge any lien, claim or encumbrance of any kind against Landlord's rents or the Premises by Tenant in or said land is denied. In the event of fire or extended coverage lossthe filing of any such lien, Tenant will promptly pay same and take steps immediately to have same removed. Tenant shall deliver acknowledges that the Premises may constitute a place of public accommodation or a commercial facility under Title III of the Americans with Disabilities Act ("ADA") and that the ADA is applicable to both an owner and lessee of a place of public accommodation or commercial facility. Tenant further acknowledges that, under the ADA, any structural alteration to the Premises must comply with accessibility standards set forth in the rules promulgated by the Department of Justice, 28 C.F.R. (S)36.101 et seq. In the event Tenant makes any structural alteration to the Premises which would require compliance with Title III of the ADA and the accessibility standards promulgated by the Department of Justice, Tenant agrees to design and build such structural alterations and to make any other changes to any portion of the building, common area or parking area in which the Premises are located or which are affiliated with the Premises which are necessitated by such structural alterations, so as to comply with the ADA and the accessibility standards. Tenant hereby agrees to indemnify and hold Landlord certificates harmless from and against any and all liabilities, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of such fire insurance policies, which shall contain a clause requiring action of any and every kind and nature arising or growing out of or in any way connected with any structural alteration of the insurer to give the Landlord ten (10) days notice of cancellation of such policiesPremises by Tenant.
Appears in 1 contract
Samples: Lease (Speedcom Wireless Corp)
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, on or to any part of addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing, not to be unreasonably withheld, conditioned or delayed and then only at Tenant’s expense (includingother than with respect to the Tenant Improvement Allowance, if applicable), and in a lawful manner and upon such terms and conditions as Landlord, by such writing, shall approve, which shall include, without limitation, (a) maintenance of insurance reasonably satisfactory to Landlord and (b) compliance with Sections 7.9 and 7.11. Notwithstanding the foregoing, the prior written consent of Landlord will not be required for non-structural interior alterations that do not affect any alterations of the front, signs, structural alterations, utility or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, building service systems or equipment of any kind to any part of in the Building (other than such utilities and systems that are located within and exclusively serve the Premises) unless and until that cost less than $10,000.00 for any single project; provided, however, that Tenant shall have caused notify Landlord of the performance of any such work and provide Landlord copies of any plans and specifications therefore to therefor that have been preparedproduced by or for the benefit of Tenant. Any such alteration or addition shall be consistent in appearance with the rest of the Building and Landlord’s Property 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 shall be subject to Landlord’s reasonable approval. All approved repairs, at Tenant’s expenseinstallations, by an architect alterations, additions or other duly qualified person and shall have obtained Landlord’s approval thereof. improvements made by Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and made in a good and workmanlike manner by duly qualified and licensed persons or entities manner, between such hours as approved in writing by Landlord, using first grade materialswhich approval shall not be unreasonably withheld, delayed, or conditioned, and in such a way that utilities will not be unnecessarily interrupted and other tenants and occupants of the Building will not suffer unreasonable inconvenience or interference as reasonably determined by Landlord. Tenant’s Invitees shall be given such reasonable access to other portions of the Building and the mechanical systems as may be necessary or appropriate to perform such work. Both during and after the performance of any such work, Landlord shall have free access to any and all mechanical installations in the Premises that constitute part of the Building service systems and equipment (i.e., as opposed to Tenant’s laboratory equipment), including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and 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 heating, ventilating and air conditioning systems in the Building. All such work shall comply with all applicable codesinstallations, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises shall be the property of Landlord and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or sooner termination of this Lease, except to the extent that Landlord, by written notice to Tenant given simultaneously with the approval of the plans and specifications for any such work, requires Tenant to remove any of the same at the expiration or earlier termination of this Lease, all of which items so designated shall be removed by Tenant in the event of fire or extended coverage loss. at its expense and Tenant shall deliver repair any damage to the Landlord certificates Landlord’s Property and Landlord’s Equipment caused by the installation or removal of any such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesitem.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make make, install or erect in or to the Premises any installations, alterations, renovationsadditions or partitions without submitting the drawings and specifications to Landlord and obtaining Landlord’s prior written consent in each instance, improvements which consent may be given or other installations (collectively “Alterations”) inwithheld in Landlord’s reasonable discretion. Furthermore, on or Tenant shall obtain Landlord’s prior written consent to any part change or changes in such drawings or specifications submitted as aforesaid, subject to the payment of the Premises (includingcost to Landlord or having its architects review such plans and changes thereto prior to proceeding with any work based on such drawings or specifications. All such work shall be performed free and clear of all mechanic’s liens and Landlord shall have no liability for the performance of such work, without limitation, any alterations of the front, signs, 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 notwithstanding its consent to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been preparedspecifications. Provided nevertheless that Landlord may, at its option, at Tenant’s expense, by an architect require that Landlord’s contractors be engaged for any mechanical, electrical work or other duly qualified person leasehold improvement. Without limiting the generality of the foregoing, any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in the Building by Landlord, its contractors or subcontractors. In addition to the above all contractors and subcontractors must meet Landlord’s specifications, as solely determined by Landlord, for minimum requirements for insurance, bonds, quality of work, experience and such other reasonably applicable factors. Tenant, shall provide Landlord upon request with financial assurances prior to the commencement of alterations, and promptly pay to Landlord’s or Tenant’s subcontractors, as the case may be, when due, the costs of all such work and of all materials, labor and services involved therein and of all decoration and all changes in the Building, its equipment or services necessitated thereby. Tenant covenants that Tenant will not suffer or permit during the Lease Term hereof any mechanics’ or other liens for work, labor, services or materials ordered by Tenant or for the cost of which Tenant may be in any obligated, to attach to the Premises or to the Building and that whenever and so often as any such liens shall attach or claims therefor shall be filed, Tenant shall, within twenty (20) days after Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord. Tenant shall, at its own cost and expense, take out or cause to be taken out any additional insurance or bonds reasonably required by Landlord to protect Landlord’s and Xxxxxx’s interest during the period of alteration. At least five (5) days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of the Colorado Revised Statutes (1973). During any such work on the Premises, Landlord, or its representatives, shall have the right to go upon and inspect the Premises at all reasonable times, and shall have obtained the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2) C.R.S. (1973) or to take any further action which Landlord may deem to be proper for the protection of Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, 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 entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant interest in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesPremises.
Appears in 1 contract
Samples: Office Lease (Behringer Harvard Opportunity REIT II, Inc.)
