Common use of Alterations by Xxxxxx Clause in Contracts

Alterations by Xxxxxx. 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 change, addition or improvement shall (a) comply with the requirements of any governmental or quasi-governmental authority having jurisdiction and with the requirements of Landlord’s insurance carriers, (b) except for nonstructural, interior changes, additions and improvements to the Premises costing Twenty-Five Thousand Dollars ($25,000.00) or less in the aggregate during any given calendar year (“Minor Alterations”), be made only with the prior written consent of Landlord (which shall not be unreasonably withheld, conditioned or delayed), (c) equal or exceed the then current Building Standard and be performed in a good and workmanlike manner, and (d) be carried out only by persons selected by Xxxxxx and approved in writing by Landlord who shall if required by Landlord deliver to Landlord, before commencement of the work, performance and payment bonds (except for any Minor Alterations), or other evidence of financial capability satisfactory to Landlord to show the ability to pay for such change, addition or improvement, as well as proof of worker’s compensation and public liability and property damage insurance coverage, with Landlord and Xxxxxxxx’s property management agent named as an additional insured, in amounts, with companies, and in a form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work will be carried out. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have no right to require Tenant to remove any changes, additions and improvements to the Premises not specified for removal, in writing, at the time Landlord’s consent to the same is provided, or as required by Section 12.01 below. Any increase in property taxes on or fire or casualty insurance premiums for the Building attributable to such change, addition or improvements shall be borne solely by Tenant.

Appears in 2 contracts

Samples: Lease Agreement (Ibotta, Inc.), Lease Agreement (Ibotta, Inc.)

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Alterations by Xxxxxx. (a) Tenant may from time to time will not make any change in, or addition to, the Premises without first obtaining, on each occasion, Xxxxxxxx’s consent in writing as provided below (which consent shall not be unreasonably withheld), and then only at its own Tenant’s expense, make changesand in a lawful manner and upon such terms and conditions as Landlord, by such writing, shall reasonably approve, which shall include, without limitation, (i) maintenance of insurance in form and substance reasonably satisfactory to Landlord, and (ii) compliance with Sections 7.9 and 7.11. Any alteration or addition shall be consistent in appearance with the rest of the Building and the 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 approval, which will not be unreasonably withheld. If required by Landlord’s lender, Tenant shall provide a statutory xxxx xxxx with respect to such work. All approved repairs, installations, alterations, additions or other improvements made by Tenant shall be made in a good and improvements workmanlike manner, between such hours as approved in writing by Landlord, and in such a way that utilities will not be interrupted and other tenants and occupants of the Building will not suffer unreasonable inconvenience or interference as 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, including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and Tenant shall not construct or permit the installation of partitions and/or other obstructions in the Premises to better adapt the same to its business, provided that any change, addition or improvement shall (a) comply which might interfere with the requirements of any governmental or quasi-governmental authority having jurisdiction and with the requirements of Landlord’s insurance carriers,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 or has agreed otherwise in writing prior to installation, all installations, alterations, additions or improvements in or to the Premises (including, without limitation, any installations, alterations, additions or improvements in or to the Premises as part of the Tenant’s Work) 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. (b) except for nonstructuralTenant shall have the right to install, interior changes, additions at Tenant’s sole cost and improvements expense and pursuant to the terms and provisions of this Section 7.5 (including, without limitation, Section 7.5(a) above), a supplemental heating, ventilation and cooling unit to exclusively serve the Premises costing Twenty-Five Thousand Dollars either within the Premises or on the roof of the Building for Tenant’s exclusive use on a 24 hour basis ($25,000.00) or less in the aggregate during any given calendar year (a Minor AlterationsSupplemental HVAC Unit”), be made only with subject to Landlord’s approval of such Supplemental HVAC Unit and the prior written consent of Landlord (installation thereof, which approval shall not be unreasonably withheld, conditioned or delayed), . In the event that Landlord agrees that Tenant shall be permitted to install a Supplemental HVAC Unit on the roof of the Building, then: (ci) equal or exceed Tenant shall not use more than 300 square feet of the Building’s usable roof area in connection with its installation and use of such Supplemental HVAC Unit; provided that (x) the location of such 300 square feet of usable roof area shall be in an area of the roof reasonably designated by Landlord, and (y) if such location is in an area of the roof that is visible from any public way, then current Building Standard such Supplemental HVAC Unit shall be adequately screened at Tenant’s sole cost and be performed expense in a good manner and workmanlike manner, and utilizing materials that are reasonably approved by Landlord; (dii) be carried out only by persons selected by Xxxxxx Tenant’s installation and approved in writing by Landlord who use of such Supplemental HVAC Unit shall if required by Landlord deliver to Landlord, before commencement not at any time (x) affect the waterproofing of the work, performance and payment bonds (except for any Minor Alterations)roof, or other evidence (y) cause any interference with (1) the Building’s operating or mechanical systems, (2) the operations of financial capability satisfactory any tenant in the Building, (3) any preinstalled telecommunications equipment in or on the Building, or (4) any future equipment on the roof (including, without limitation, any telecommunications, HVAC or emergency generator equipment); and (iii) Tenant shall cooperate with any rooftop management policy and any telecommunications management policy which Landlord may implement for the Building. Tenant shall be responsible, at Tenant’s sole cost and expense, to Landlord to show obtain any and all necessary and required permits and approvals from any and all applicable governmental authorities in connection with the ability to pay for installation and use of any Supplemental HVAC Unit and shall (I) at all times comply with any and all such changepermits and approvals, addition or improvement(II) comply with the provisions of this Lease, as well as proof including without limitation, Article VI and this Article VII in connection with its installation of worker’s compensation and public liability and property damage insurance coverage, with Landlord and Xxxxxxxx’s property management agent named as an additional insured, in amounts, with companiesthe Supplemental HVAC Unit, and in a form reasonably satisfactory (III) restore the roof to Landlord, which shall remain in effect during its prior condition upon Tenant’s removal of the entire period in which Supplemental HVAC Unit at the work will be carried out. Notwithstanding anything contained in expiration or earlier termination of this Lease to in accordance with the contraryterms and provisions of this Lease, Landlord including without limitation, Section 7.4 and this Section 7.5. Tenant shall have no right to require Tenant to remove not be charged any changesAdditional Rent as a result of the installation of any such Supplemental HVAC Unit, additions and improvements to the Premises not specified for removal, in writing, at the time unless Landlord’s consent to the same is provided, insurance increases as a result of such installation or as required by Section 12.01 below. Any increase in property taxes on or fire or casualty insurance premiums for Tenant damages any portion of the Building attributable to or the roof in connection with such change, addition or improvements shall be borne solely by Tenantinstallation.

Appears in 1 contract

Samples: Lease Agreement (Fulgent Genetics, Inc.)

Alterations by Xxxxxx. Tenant may from time Xxxxxx agrees to time at its own expense, make changes, no alterations in or additions and improvements in the Premises to better adapt the same to its business, provided that any change, addition or improvement shall (a) comply with the requirements of any governmental or quasi-governmental authority having jurisdiction and with the requirements of Landlord’s insurance carriers, (b) except for nonstructural, interior changes, additions and improvements to the Premises costing Twenty-Five Thousand Dollars ($25,000.00) or less in leased premises without first obtaining the aggregate during any given calendar year (“Minor Alterations”), be made only with the prior written consent of Landlord. All alterations, additions, or improvements made by any party; pursuant to this paragraph, shall be the expense of Tenant, including, by way of illustration and not by limitation, all partitions, paneling, carpeting, and light fixtures, (but not including movable office furniture not attached to the building), and shall be deemed a part of the real estate and the property of Landlord (which and shall not be unreasonably withheld, conditioned or delayed), (c) equal or exceed the then current Building Standard remain upon and be performed in surrendered with said premises as a good and workmanlike mannerpart thereof without molestation, and (d) be carried out only disturbance, or injury at the end of said term, whether by persons selected lapse of time or otherwise, unless the Landlord by Xxxxxx and approved in writing by Landlord who shall if required by Landlord deliver notice given to Landlord, before commencement the Tenant prior to the end of the workterm or within seven (7) days after expiration of the term, performance and payment bonds (except for shall elect to have Tenant remove all or any Minor Alterations)of said alterations, additions, or other evidence of financial capability satisfactory to Landlord to show the ability to pay for such change, addition or improvement, as well as proof of worker’s compensation and public liability and property damage insurance coverage, with Landlord and Xxxxxxxx’s property management agent named as an additional insured, in amounts, with companiesimprovements, and in a form reasonably satisfactory such event, Tenant shall, at Tenant’s expense, promptly remove said alterations, additions, and improvements and restore the Leased premises to the condition in which said leased premises were prior to the making of the same, reasonable wear excepted. In the event that Xxxxxx performs alterations to the premises, Tenant is required to keep the premises free of mechanic’s liens, shall Indemnify Landlord therefrom, and shall, prior and subsequent to the performance of work by any party, require all parties performing such alterations to waive their lieu rights in writing and deliver the original of said waivers to Landlord, which shall remain in effect during the entire period in which the work will be carried out. Notwithstanding anything contained in this Lease to the contrary, Landlord shall have no right to require Tenant to remove any changes, additions and improvements to the Premises not specified for removal, in writing, at the time Landlord’s consent to the same is provided, or as required by Section 12.01 below. Any increase in property taxes on or fire or casualty insurance premiums for the Building attributable to such change, addition or improvements shall be borne solely by Tenant.

Appears in 1 contract

Samples: Lease Extension (Alphasmart Inc)

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Alterations by Xxxxxx. ‌ (1) Tenant may from time to time at its own expense, expense make changes, additions and improvements in to the Premises to better adapt the same to its businessbusiness (the “Work”) to a standard that equals or exceeds the then current standard for the Park, provided that any change, addition or improvement shallthat: (a) comply the Work shall not commence without the prior written approval of Landlord; (b) Tenant shall have furnished Landlord with two (2) complete sets of professionally prepared working drawings (which shall include any architectural, structural, electrical, mechanical, computer system wiring and telecommunication plans) of the proposed Work. Tenant shall pay on demand to Landlord the costs for the examination of such drawings and supervision of the Work as it progresses by either Landlord or an outside consultant plus an amount equal to fifteen percent (15%) of such costs for overhead; (c) Landlord shall have approved, prior to commencement of the Work, the contractors; (d) Tenant shall perform the Work or cause the Work to be performed: (i) in accordance with the requirements of plans and specifications submitted to and approved by Landlord; (ii) in accordance with any governmental conditions, regulations, procedures or quasi-governmental authority having jurisdiction rules imposed by Landlord; (iii) in compliance with all Applicable Laws and with the requirements of Landlord’s insurance carriers, insurers; and (biv) except for nonstructural, interior changes, additions and improvements to the Premises costing Twenty-Five Thousand Dollars ($25,000.00) or less in the aggregate during any given calendar year (“Minor Alterations”), be made only with the prior written consent of Landlord (which shall not be unreasonably withheld, conditioned or delayed), (c) equal or exceed the then current Building Standard and be performed in a good and workmanlike mannerand expeditious manner using new materials; (e) Landlord may inspect construction as it proceeds (the onus being on Tenant to advise Landlord whenever any phase has been completed so that an inspection can be made); (f) upon completion of the Work, Tenant shall provide Landlord with a complete set of “as built” drawings for the Work; (g) during the conduct of the Work the Tenant will perform all required cleaning and maintain the Premises and adjacent facilities free from accumulation of waste materials and rubbish; and (dh) be carried out only by persons selected by Xxxxxx and approved in writing by Landlord who shall if required by Landlord deliver Tenant fails to Landlord, before commencement observe any of the work, performance and payment bonds (except for any Minor Alterations), or other evidence requirements of financial capability satisfactory to Landlord to show the ability to pay for such change, addition or improvement, as well as proof of worker’s compensation and public liability and property damage insurance coverage, with Landlord and Xxxxxxxx’s property management agent named as an additional insured, in amounts, with companies, and in a form reasonably satisfactory to Landlord, which shall remain in effect during the entire period in which the work will be carried out. Notwithstanding anything contained in this Lease to the contraryArticle, Landlord shall have no right to may require Tenant to remove any changes, additions that construction stop and improvements to that the Premises not specified for removal, in writing, at the time be restored to their prior condition failing which Landlord may do so and Tenant shall pay Landlord’s consent cost plus fifteen percent (15%) thereof for overhead. (2) Title to all Improvements installed in the same is provided, or as required by Section 12.01 below. Any increase Premises shall vest in property taxes Landlord immediately on or fire or casualty insurance premiums for the Building attributable to such change, addition or improvements shall be borne solely by Tenantaffixation.

Appears in 1 contract

Samples: Request for Proposals

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