Common use of Alterations by the Tenant Clause in Contracts

Alterations by the Tenant. (a) The Tenant may from time to time at its own expense make changes, additions and improvements in the Premises to better adapt the same to its business, provided that any such change, addition or improvement shall: (i) comply with the requirements of the Landlord’s insurer and any governmental or quasi-governmental authority having jurisdiction; (ii) comply with the requirements set forth in Schedule E; (iii) be made only with the prior written consent of the Landlord after detailed plans and specifications therefor have been submitted to the Landlord, such consent not to be unreasonably withheld; (iv) equal or exceed the then current standard for the Building; (v) be carried out only by Persons selected by the Tenant and approved in writing by the Landlord. Such Persons shall be compatible with others employed by or through the Landlord directly or indirectly including the Landlord’s other tenants, contractors and subcontractors and their trade union affiliations; and (vi) if required by the Landlord, deliver 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 named as an additional insured, in amounts, with companies, and in form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the work will be carried out. Any increase in property taxes or fire or casualty insurance premiums for the Development attributable to such change, addition or improvement shall be borne by the Tenant. In addition, if the Tenant does not use the base building engineers to complete the Tenant’s plans, the Tenant shall reimburse the Landlord for any out of pocket costs incurred, plus a 15% administration fee of the costs incurred, as a result of the review of the plans by the Landlord’s base building engineers. (b) In the event any of the following work is required by the Tenant, it shall be carried out by the Landlord under written contract with the Tenant and at the Tenant’s sole expense under contract to the Landlord only and by agreement in writing: (i) all approved work relating to heating, cooling, ventilation, exhaust, control, electrical distribution and life safety systems; (ii) patching of Building standard fireproofing; (iii) any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duct equipment, or openings in the floors, walls, columns or roofs of the Building which is approved by the Landlord; and (iv) installation of approved modifications to the sprinkler system.

Appears in 2 contracts

Samples: Office Lease (Adven Inc.), Office Lease (Adven Inc.)

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Alterations by the Tenant. (a) The Tenant may from time to time at its own expense make changesshall not, additions and improvements in without the Premises to better adapt the same to its business, provided that any such change, addition or improvement shall: (i) comply with the requirements prior consent of the Landlord’s insurer and , make, erect, alter or install any governmental Leasehold Improvements or quasi-governmental authority having jurisdiction; other alterations to the Premises (ii) comply with the requirements set forth in Schedule E; (iii) “Work”). Notwithstanding the foregoing, the Tenant shall be made only with entitled, without the prior written consent of the Landlord after detailed plans and specifications therefor have been submitted but upon prior notice to the Landlord, to complete Work which does not in the aggregate cost more than Twenty Five Thousand Dollars ($25,000) to complete (which amount shall increase by three percent (3%) compounded annually on each anniversary date of the Commencement Date) provided that same does not affect the structural components of the Building and/or the base building mechanical, electrical and/or plumbing systems and does not require a building permit to complete. (b) If the Tenant wishes to do any Work requiring the Landlord’s prior written consent, the Tenant shall apply for the Landlord’s consent and furnish such plans, specifications and designs as shall be necessary to fully describe the Work. The Landlord’s consent thereto shall not be unreasonably withheld or delayed; provided that, without limitation, any refusal to grant consent based on grounds that such Work is not in compliance with the Building Standard or that the Tenant has not posted security with the Landlord (which in the case of the Tenant’s Work the Tenant shall not be required to post), shall be conclusively deemed not to be unreasonably withheld;an unreasonable withholding of consent. (ivc) equal Subject to the Landlord’s consent having been obtained and the Landlord’s reasonable requirements being met, the Landlord recognizes the right of the Tenant to install such interior partitions and other Leasehold Improvements as are necessary or exceed appropriate to its use and occupancy of the then current standard for the Building;Premises. (vd) Any Work which affects the structural components of the Building and/or the base building mechanical, electrical and/or plumbing systems (the “Excluded Work”) shall, if the Landlord so elects, be carried out only performed by Persons selected employees or contractors who have been designated by the Landlord and who have contracted directly with the Tenant and approved agreed to carry out such Work in writing a good and workmanlike manner and at a cost to the Tenant which is not unreasonable when compared with the amounts which would be charged by reputable contractors performing the same Work. In the absence of any such election by the Landlord. Such Persons Landlord with respect to the Excluded Work, the Excluded Work and all other such Work shall be compatible with others employed performed by or through the Landlord directly or indirectly including the Landlord’s other tenants, contractors and subcontractors and their trade union affiliations; and (vi) if required by the Landlord, deliver 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 named as an additional insured, in amounts, with companies, and in form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the work will be carried out. Any increase in property taxes or fire or casualty insurance premiums for the Development attributable to such change, addition or improvement shall be borne retained by the Tenant. In additioneither event, if the Landlord shall have the right to inspect such Work (including the Excluded Work) and require any Work (including the Excluded Work) not being properly done to be corrected and with respect to any Work (including the Excluded Work) which requires the Landlord’s prior written consent to approve on a reasonable basis the contractors, tradesmen or the Tenant’s own employees (as the case may be) employed by the Tenant does not use in connection therewith. (e) Subject to Section 16.34 in respect of the base building engineers Tenant’s Work, the Tenant shall pay to complete the Landlord within 10 days after the receipt of the Landlord’s invoice the Landlord’s reasonable out-of-pocket costs incurred in examining and approving the Tenant’s plans, specifications and designs and in inspecting the Work (including the Excluded Work), unless the Tenant shall reimburse the Landlord for any out of pocket costs incurred, plus a 15% administration fee of the costs incurred, as a result of the review of the plans by uses the Landlord’s base building or designated engineers) or consultant(s) with respect to such Work (including the Excluded Work) in which event the Tenant shall not be responsible for any costs incurred by the Landlord in respect thereof and any additional out-of-pocket expenses actually incurred by the Landlord in connection with such Work (including the Excluded Work). (bf) In the event any of the following work is required by the Tenant, it The Tenant shall be carried out by the Landlord under written contract with the Tenant and at the Tenant’s sole expense under contract upon request provide to the Landlord only and by agreement in writing: (i) all approved work relating to heating, cooling, ventilation, exhaust, control, electrical distribution and life safety systems; (ii) patching a complete set of Building standard fireproofing; (iii) any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duct equipment, or openings in the floors, walls, columns or roofs updated drawings of the Building which is approved by the Landlord; and (iv) installation of approved modifications to the sprinkler systemPremises, including, without limitation, all electrical, mechanical and architectural drawings.

Appears in 1 contract

Samples: Lease (Alliance Data Systems Corp)

Alterations by the Tenant. (a) The Tenant may from time shall not make any structural or other alteration or addition to time at its own expense make changes, additions and improvements in the Premises to better adapt the same to its businessor partitioning, provided that or undertake any such changeTenant Fit-Out Works, addition or improvement shall: (i) comply with the requirements of the Landlord’s insurer and any governmental or quasi-governmental authority having jurisdiction; (ii) comply with the requirements set forth in Schedule E; (iii) be made only with without the prior written consent of the Landlord; provided that should the Landlord after detailed plans and specifications therefor have been submitted to the Landlord, give such consent not to or should the Landlord effect such alterations or additions at the Tenants request - such alteration or addition shall be unreasonably withheld; (iv) equal effected at the Tenant's cost under the supervision and control of the Landlord or exceed its nominee; such alteration or addition, or any deviation from the then current standard for the Building; (v) original plans, shall be carried out only by Persons selected approved by the Tenant relevant local authority at the Tenant's cost and approved in writing expense; and the fees of any architect or other professional consultant employed by the Landlord. Such Persons shall be compatible with others employed by Landlord for that purpose and the cost of all such alterations or through the Landlord directly or indirectly including the Landlord’s other tenants, contractors and subcontractors and their trade union affiliations; and (vi) if required by the Landlord, deliver 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 named as an additional insured, in amounts, with companies, and in form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the work will be carried out. Any increase in property taxes or fire or casualty insurance premiums for the Development attributable to such change, addition or improvement additions shall be borne and paid by the Tenant. In additionThe Landlord shall be entitled to approve contractors, if plans and specifications, without thereby incurring any liability (contractually or otherwise) to the Tenant does not use in respect of the base building engineers to complete alterations and additions. The Tenant indemnifies the Landlord against any liability for any loss, damage or expense, including consequential damages, which the Tenant’s plans, its employees, invitees, third parties or customers may suffer or incur arising out of the alterations or additions. Should the Landlord ‑ so require, the Tenant shall, at the termination of this Lease, remove all alterations and/or additions and restore the Premises to the condition in which they were at the commencement of this Lease; or not require such alterations or additions to be removed, all such alterations and additions shall reimburse be the Landlord for any out of pocket costs incurred, plus a 15% administration fee Property of the costs incurredLandlord, as a result of the review of the plans by the Landlord’s base building engineers. (b) In the event any of the following work is required by the Tenant, it who shall not be carried out by the Landlord under written contract with obliged to compensate the Tenant and at the Tenant’s sole expense under contract to the Landlord only and by agreement in writing: (i) all approved work relating to heating, cooling, ventilation, exhaust, control, electrical distribution and life safety systems; (ii) patching of Building standard fireproofing; (iii) any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duct equipment, or openings in the floors, walls, columns or roofs of the Building which is approved by the Landlord; and (iv) installation of approved modifications to the sprinkler systemrespect thereof.

Appears in 1 contract

Samples: Lease Agreement

Alterations by the Tenant. (a) The Tenant may from time to time at its own expense make changes, additions and improvements in the Premises to better adapt the same to its business, provided that any such change, addition or improvement shall: (ia) comply with the requirements of the Landlord’s insurer and any governmental or quasi-governmental authority having jurisdiction; (iib) comply with the requirements set forth in Schedule EE attached hereto; (iiic) be made only with the prior written consent of the Landlord after detailed plans and specifications therefor have been submitted to the Landlord, such consent not to be unreasonably withheld; (ivd) equal or exceed the then current standard for the Building; (ve) be carried out only by Persons persons selected by the Tenant and approved in writing by the Landlord, such approval not to be unreasonably withheld. Such Persons persons shall be compatible with others employed by or through the Landlord directly or indirectly including the Landlord’s other tenants, contractors and subcontractors and their trade union affiliations; and (vif) if required by the Landlord, the Tenant shall deliver 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, as the Landlord may reasonably require, with the Landlord named as an additional insured, in amounts, with companies, and in form reasonably satisfactory to the Landlord, acting reasonably, which shall remain in effect during the entire period in which the work will be carried out. Any increase in property taxes or fire or casualty insurance premiums for the Development attributable to such change, addition or improvement shall be borne by the Tenant. In addition, if the Tenant does not use the base building engineers to complete the Tenant’s plans, the Tenant shall reimburse the Landlord for any out of pocket costs incurred, plus a 15% administration fee of the costs incurred, as a result of the review of the plans by the Landlord’s base building engineers. (b) In the event any of the following work is required by the Tenant, it shall be carried out by the Landlord under written contract with the Tenant and at the Tenant’s sole expense under contract to the Landlord only and by agreement in writing: (i) all approved work relating to heating, cooling, ventilation, exhaust, control, electrical distribution and life safety systems; (ii) patching of Building standard fireproofing; (iii) any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duct equipment, or openings in the floors, walls, columns or roofs of the Building which is approved by the Landlord; and (iv) installation of approved modifications to the sprinkler system.

Appears in 1 contract

Samples: Lease of Industrial Space (Lululemon Corp.)

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Alterations by the Tenant. (a) The Tenant may from time shall not make any alterations or improvements to time at its own expense make changes, additions and improvements in the Premises to better adapt during the same to its businessTerm or any Renewal Term, provided that any unless such change, addition or improvement shall: alterations (i) comply with are not structural in nature and do not affect the requirements structural integrity of the Landlord’s insurer and any governmental or quasi-governmental authority having jurisdiction; Building, (ii) comply with all restrictions and/or requirements of any Maryland Historic Trust easements for the requirements set forth in Schedule E; Premises, (iii) be made only with are approved by the prior written consent City’s Historic Preservation Commission, (iv) do not adversely affect the qualification of the Landlord Building as an historic structure or the historic tax credits available to the City in connection therewith, and (v) are performed after detailed written approval by the City of the Tenant’s specific plans and specifications therefor have been submitted to the Landlordtherefor, such consent which approval shall not to be unreasonably withheld; (iv) equal . All alterations and improvements to the Premises shall be done at the sole cost and expense of the Tenant in a good and workmanlike manner, using only new or exceed reclaimed materials and in compliance with all applicable laws, codes, rules and regulations. Such alterations and improvements shall, upon the then current standard installation thereof, become and be the property of the City and shall remain upon and be surrendered with the Premises at the termination or expiration of this Lease. The City agrees to reasonably cooperate with Tenant to process Tenant’s applications for City permits for alterations or improvements in a timely manner. The Tenant shall provide the Building; (v) City with as-built drawings for all alterations and improvements made to the Premises. The Tenant shall be carried out only responsible for installing and paying all costs associated with any expansion of the sprinkler, fire suppression and/or fire alarm systems existing as of the Effective Date that are necessitated by Persons selected any alterations or improvements made by the Tenant and approved in writing by the Landlord. Such Persons shall be compatible with others employed by or through the Landlord directly or indirectly including the Landlord’s other tenants, contractors and subcontractors and their trade union affiliations; and (vi) if required by the Landlord, deliver pursuant 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 named as an additional insured, in amounts, with companies, and in form reasonably satisfactory to the Landlord, which shall remain in effect during the entire period in which the work will be carried out. Any increase in property taxes or fire or casualty insurance premiums for the Development attributable to such change, addition or improvement shall be borne by the Tenant. In addition, if the Tenant does not use the base building engineers to complete the Tenant’s plans, the Tenant shall reimburse the Landlord for any out of pocket costs incurred, plus a 15% administration fee of the costs incurred, as a result of the review of the plans by the Landlord’s base building engineersthis sub-section. (b) In The Tenant shall cause all debris, rubbish and surplus materials caused by the event performance of its alterations and improvements to be removed from the Premises and disposed of at a lawful facility as necessary or when directed by the City, but not less frequently than every two (2) business days. Tenant shall not allow any such debris, rubbish and surplus materials to unreasonably interfere with the operation of the following work is required by the Tenant, it shall be carried out by the Landlord under written contract with the Tenant and at the Tenant’s sole expense under contract Premises to the Landlord only extent that the Premises remain open during the making of alterations and by agreement in writing: (i) all approved work relating to heating, cooling, ventilation, exhaust, control, electrical distribution and life safety systems; (ii) patching of Building standard fireproofing; (iii) any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duct equipment, or openings in the floors, walls, columns or roofs of the Building which is approved by the Landlord; and (iv) installation of approved modifications to the sprinkler systemimprovements.

Appears in 1 contract

Samples: Market House Lease Agreement

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