Common use of ALTERATIONS & IMPROVEMENTS Clause in Contracts

ALTERATIONS & IMPROVEMENTS. Not make any alterations or improvements to the Demised Premises except in accordance with the following provisions: i. In connection with any proposed construction, alterations or improvements to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additions, repairs and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. vii. All alterations, improvements or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefit. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 2 contracts

Sources: Lease Agreement (Tengion Inc), Lease Agreement (Tengion Inc)

ALTERATIONS & IMPROVEMENTS. Not Subtenant shall not make any alterations or improvements to the Demised Premises except in accordance with the following provisions: i. In connection with any proposed construction, alterations or improvements to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additionsor modifications to the Subleased Premises without the express prior written consent of Sublandlord and of Master Landlord, repairs which consent by Sublandlord shall not be unreasonably withheld. Subtenant shall reimburse Master Landlord and Sublandlord for all other property attached to or used commercially reasonable costs which Master Landlord and Sublandlord may incur in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered granting approval to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. vii. All alterations, improvements or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or Subtenant for Lessee, which might become a Lien upon the Demised Premises. If any such Lien alteration and additions. Subtenant shall be filed against the Demised Premisesprovide Master Landlord and Sublandlord with a set of "as-built" drawings for any such work, Lesseetogether with copies of all permits obtained by Subtenant in connection with performing any such work, within thirty (30) days after demand from Lessorcompleting such work. On termination of this Sublease, Subtenant shall cause remove any or all of such improvements made by Subtenant or its agents, assigns or sub-subtenants, and to restore the lien Subleased Premises (or any part thereof) to be discharged the same condition as of recordthe Commencement Date of this Sublease, broom clean, reasonable wear and tear excepted, or as otherwise instructed in writing by either Sublandlord or Master Landlord. If Lessee fails Should Subtenant fail to remove such improvements and restore the Subleased Premises as of the termination of this Sublease, unless instructed otherwise in writing as set forth above, Sublandlord shall have the Lien discharged within thirty (30) daysright to do so, Lessorand charge Subtenant therefore, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge plus a service fee of 15% of the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ixSublandlord. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent Sublandlord consents to the commencement construction of any Work or a test lab on the delivery Subleased Premises, so long as such construction complies with all of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver terms and conditions of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefitthis Paragraph 7.2. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 2 contracts

Sources: Sublease Agreement (Advanced Semiconductor Engineering Inc), Sublease Agreement (Ase Test LTD)

ALTERATIONS & IMPROVEMENTS. Not Subtenant shall not make any alterations alterations, improvements, or improvements modifications to the Demised Subleased Premises except in accordance with without the following provisions: i. In connection with any proposed constructionexpress prior written consent of Sublandlord and of Master Landlord, alterations or improvements to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor consent by Sublandlord shall not be permitted unreasonably withheld. Subtenant shall reimburse Master Landlord and Sublandlord for all costs which Master Landlord and Sublandlord may incur in connection with granting approval to reject Subtenant for any element alterations and additions, including, without limitation, Master Landlord’s and Sublandlord’s reasonable attorneys’ fees and costs. Subtenant shall provide Master Landlord and Sublandlord with a set of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve built” drawings for any such comments or revisionswork, and such documents shall promptly be revised together with copies of all permits obtained by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to Subtenant in connection with performing any such documentswork, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any after completing such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor Sublandlord may impose as a complete set condition of as-built plans. iv. All applications for permits and approvals relative its consent to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additionsor modifications, repairs such requirements as Sublandlord may deem reasonable and desirable, including, but not limited to the requirement that Subtenant utilize for such purposes only contractor(s), materials, mechanics and materialmen approved by Sublandlord and that Subtenant, and/or Subtenant’s contractor(s) post a payment and/or completion bond to guarantee the performance of its construction obligations hereunder. On termination of this Sublease, Subtenant shall remove any or all other property attached to or used in connection with of such improvements and restore the Building Subleased Premises (or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered thereof) to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. viiCommencement Date of this Sublease, reasonable wear and tear excepted or as otherwise instructed in writing by either Sublandlord or Master Landlord. All alterationsShould Subtenant fail to remove such improvements and restore the Subleased Premises on termination of this Sublease unless instructed otherwise in writing as set forth above, improvements or additions Sublandlord shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterationsdo so, improvements or additions at the end and charge Subtenant therefor, plus a service charge of ten percent (10%) of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demandSublandlord. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefit. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 2 contracts

Sources: Sublease Agreement (Compugen LTD), Sublease Agreement (Kalobios Pharmaceuticals Inc)

ALTERATIONS & IMPROVEMENTS. Not Subtenant shall not make any alterations or improvements to the Demised Premises except in accordance with the following provisions: i. In connection with any proposed construction, alterations or improvements to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additionsor modifications to the Subleased Premises without the express prior written consent of Sublandlord and of Master Landlord, repairs which consent by Sublandlord shall not be unreasonably withheld. Subtenant shall reimburse Master Landlord and Sublandlord for all other property attached to or used commercially reasonable costs which Master Landlord and Sublandlord may incur in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered granting approval to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. vii. All alterations, improvements or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or Subtenant for Lessee, which might become a Lien upon the Demised Premises. If any such Lien alteration and additions. Subtenant shall be filed against the Demised Premisesprovide Master Landlord and Sublandlord with a set of "as-built" drawings for any such work, Lesseetogether with copies of all permits obtained by Subtenant in connection with performing any such work, within thirty (30) days after demand from Lessorcompleting such work. On termination of this Sublease, Subtenant shall cause remove any or all of such improvements made by Subtenant or its agents, assigns or sub-subtenants, and to restore the lien Subleased Premises (or any part thereof) to be discharged the same condition as of recordthe Commencement Date of this Sublease, broom an, reasonable wear and tear excepted, or as otherwise instructed in writing by either Sublandlord or Master Landlord. If Lessee fails Should Subtenant fail to remove such improvements and restore the Subleased Premises as of the termination of this Sublease, unless instructed otherwise in writing as set forth above, Sublandlord shall have the Lien discharged within thirty (30) daysright to do so, Lessorand charge Subtenant therefore, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge plus a service fee of 15% of the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ixSublandlord. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent Sublandlord consents to the commencement construction of any Work or a test lab on the delivery Subleased Premises, so long as such construction complies with all of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver terms and conditions of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefitthis Paragraph 7.2. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 2 contracts

Sources: Sublease Agreement (Ase Test LTD), Sublease Agreement (Advanced Semiconductor Engineering Inc)

ALTERATIONS & IMPROVEMENTS. Not make Should the Tenant require any alterations alterations, improvements, partitions, or improvements changes of whatsoever kind to or in the Demised Premises except in accordance with after the following provisions: i. In connection with any proposed construction, alterations or improvements to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documentsTenant has taken possession thereof, the parties shall promptly meet Tenant will make and confer install the same at its own expense and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Workrisk; PROVIDED HOWEVER, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in that no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvementsrepairs, alterations, improvements, partitions, or changes of whatsoever kind shall be made without the Tenant having first obtained all permits and authorizations required by all authorities having jurisdiction and a copy of said permits and authorizations having been delivered to the Landlord and further without the written consent of the Landlord first had and obtained, such consent not to be unreasonably withheld; PROVIDED FURTHER, that any such repairs, alterations, improvements, partitions, or changes of whatsoever kind shall be made in a good and workmanlike manner with new, first-class materials and shall be carried out and the plans and/or working drawings relating thereto shall create no responsibility be prepared by qualified tradesmen, engineers or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. viconsultants. All alterations, improvements, additionspartitions and changes made in or to the Demised Premises at any time before or after the taking of possession by the Tenant, repairs by the Tenant or the Landlord, shall immediately become the property of the Landlord and form part of the Demised Premises and the Lands and Building and shall remain upon the Demised Premises. PROVIDED ALWAYS that the Landlord may at the expiration or sooner termination of this Lease for any reason whatsoever require that the Tenant restore the Demised Premises in whole or in part to the same condition in which they were at the time of the entering into of this Lease, the exceptions to the Tenant's repair obligations only excepted. Notwithstanding any of the foregoing, it is understood that the Tenant's obligation to restore the Demised Premises shall not include the restoration of any alterations or improvements which have been made to the Demised Premises by either the Landlord or the Tenant under the Offer to Lease or under this Lease in anticipation of or in connection with the Tenant's occupation of the Demised Premises. Notwithstanding any of the foregoing provisions of this clause to the contrary all trade fixtures installed in the Demised Premises by the Tenant and all other property not attached or affixed to or used the Demised Premises other than by its own weight and installed in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf the Tenant shall remain the property of Lessee the Tenant and shall immediately upon completion or installation thereof be and become not form a part of the Building and Demised Premises during the property Term of Lessor without payment therefor this Lease PROVIDED that no such trade fixtures which are attached or affixed to the Demised Premises other than by Lessor and their own weight 18 11 shall be surrendered to Lessor upon removed from the Demised Premises during the Term unless replaced by trade fixtures of comparable value. At the expiration or earlier sooner termination of the Term of this Lease; provided that Lessee may remove its Lease all trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. vii. All alterations, improvements fixtures attached or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials affixed to the Demised Premises other than by their own weight (excluding such trade fixtures, equipment machinery and shelving which must be attached to prevent movement or vibration or for safety purposes) and other than for those excepted fixtures with respect to which the Landlord, prior to their installation, granted in writing to the Tenant a contractorright of removal at the expiration or sooner termination of the Lease, Lessee shall deliver to Lessor become the sole property of the Landlord; PROVIDED HOWEVER, that the Landlord may at the expiration or sooner termination of this Lease for any reason whatsoever require that the Tenant remove any such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to fixtures and restore the Demised Premises shall in any event be deemed made for Lessor’s benefitwhole or in part to the same condition in which they were at the time of the entering into of this Lease, the exceptions to the Tenant's repair obligations only excepted. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Single Tenant Industrial Lease (Barringer Technologies Inc)

ALTERATIONS & IMPROVEMENTS. Not (a) Tenant may make any alterations no alteration, change, improvement, replacement or improvements addition to the Demised Premises except (including, but not limited to, roof and wall penetrations) (collectively, “Alterations”) without the prior written consent of Landlord. Landlord will not unreasonably withhold consent with respect to interior Alterations that do not affect, in accordance with any way, the following provisions: i. In connection with any proposed constructionmechanical, alterations or improvements electrical, plumbing, HVAC, structural and/or fire and life safety components of the Building (“Non-Structural Alterations”). Landlord may, at its option, require Tenant to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary submit plans and specifications to Landlord for approval prior to commencing any Alterations. All Alterations must be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances. All Alterations (other than Non-Structural Alterations) must be performed by a contractor on Landlord’s approved list (a copy of which may be obtained from the “Design Development Documents”) for the proposed work (the “Work”Building manager). Lessor shall review Any contractors used by Tenant must carry a comprehensive liability (including builder’s risk) insurance policy in such amounts as Landlord may reasonably require and must provide proof of such insurance to Landlord prior to the Design Development Documents and notify Lessee in writing commencement of any comments thereon, Alterations. Landlord reserves the right to require payment and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not performance bonds to be permitted to reject any element of the Design Development Documents which is generally consistent procured by Tenant or its contractors in connection with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvementswork. Upon completion of Lessor’s review any Alterations, Tenant must provide Landlord with a copy of the Design Development Documentsits building permit, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisionsfinal inspection tag and, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering if plans and specifications were required by Landlord, final “as built” plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Improvements (which shall be governed by the “Construction Documents”) which describe the Work and are based Tenant Improvements Agreement, if any), all Alterations now or hereafter placed or constructed on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review Premises at the Construction Documents and notify Lessee in writing request of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and Tenant will be at LesseeTenant’s sole cost. If Landlord performs Alterations on Tenant’s behalf, Tenant must pay the cost and expense. Lessee’s obligations under the Lease are in no way contingent upon of such approvals or upon Alterations (plus a construction or completion management fee equal to 10% of the Workhard costs). ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additions, repairs and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered to Lessor upon (b) Upon the expiration or earlier early termination of the Term of this Lease; provided that Lessee , Tenant must surrender the Premises to Landlord in the same condition as the Premises were delivered to Tenant on the date the Premises were Ready for Occupancy, reasonable wear and tear excepted. Accordingly, Tenant may remove its trade fixtures, personal property supplies and movable furniture and equipment if Lessee provided (i) such removal is made prior to the termination or expiration of the Lease Term; (ii) Tenant is not then in default in the Table of Contents timely performance of any obligation or covenant under this Lease; and (iii) Tenant promptly repairs all damage caused by such removal to the reasonable satisfaction of the Landlord. Tenant must repair any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixtureremoval. vii. All alterations, improvements or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefit. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Lease Agreement (Navarre Corp /Mn/)

ALTERATIONS & IMPROVEMENTS. Not make Sublessee agrees that any and all alterations or and improvements to the Demised Premises except in accordance with the following provisions: i. In connection with any proposed construction, alterations or improvements shall be subject to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00)Sublessor's prior written consent, or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted unreasonably withheld or delayed, and to reject any element the provisions of the Design Development Documents which is generally consistent Master Lease, if any, relating to alterations and improvements. Sublessor shall be entitled to all of the rights afforded Lessor under the Master Lease with respect to such alterations and improvements without diminishing any of the rights of Lessor thereunder. All alterations and improvements undertaken and performed by Sublessee shall be in made in a good and workmanlike manner in compliance with all applicable federal, state and local laws, zoning codes, rules, regulations, ordinances, statutes, guidelines and other requirements and the terms of this Sublease and the Master Lease. Further, unless otherwise directed under the terms of the Master Lease, all structural and/or permanent alterations and building systems improvements undertaken and existing improvements performed by Sublessee and approved, in advance, by Lessor and Sublessor specifically in writing may, at Sublessee's option, remain upon the Demised PremisesPremises upon termination of the Sublease Term; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee Sublessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required elect to remove same. ii. Representatives of both parties said structural and/or permanent improvements, Sublessee shall promptly make themselves available to discuss repair and resolve restore, at its sole cost and expense (including any such comments and all permits or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not certificates that may be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documentsobtained), the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additions, repairs and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before existed immediately prior to the installation of the removed trade fixture. viisuch structural and/or permanent alteration or improvement. All alterationsSublessee shall indemnify, improvements defend and hold harmless Sublessor, its successors and assigns against any and all actions, claims, costs, damages, demands, expenses (including attorneys' fees), injuries, judgments, liabilities, liens, losses and suits of every kind and nature paid, sustained, suffered or additions shall be made only incurred in conformity connection with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of the removal, under the terms of the Master Lease, of any work done structural or materials or supplies furnished permanent alterations and improvements performed by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien Sublessee and left on the Premises upon the Demised Premises. If any such Lien shall be filed against expiration of the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demandSublease Term. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefit. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Sublease Agreement (Movado Group Inc)

ALTERATIONS & IMPROVEMENTS. Not (a) Except as set forth herein, Sub-sublessee shall not make any alterations alterations, improvements, or modifications to the Sub-subleased Premises without the express prior written consent of Sub-sublessor, Master Sublessor and of Master Lessor, which consent by Sub-sublessor shall be given in its reasonable discretion. Sub-sublessor understands that Sub-sublessee intends to request consent to the addition of offices and a conference room to the Sub- subleased Premises and Sub-sublessor will reasonably consent to such request. (b) Sub-sublessor, at Sub-sublessor's sole cost, shall make the following improvements to the Demised Premises except in accordance with the following provisions: i. In connection with any proposed constructionSub-subleased Premises, alterations or improvements subject to Master Sublessor's and Master Lessor's approval; (i) construct a demising wall pursuant to the Demised Premises costing site plan, which is attached hereto as Exhibit "C", and incorporated by reference herein; (ii) remove the wood fence on the Sub-subleased Premises; (iii) landscape where the wood fence previously stood; and (iv) remove the back wall of the lobby in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in Sub-subleased Premises to create an exit. Sub-sublessor warrants that the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent constructed by Sub-sublessor pursuant to Lessee’s right to undertake same, Lessee this Paragraph 7.2(b) shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent done in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. first class ▇▇▇▇▇▇’▇ approval of ▇-like manner with good materials and in accordance with the site plan or permission for any improvementsother plans and specifications, alterationsif applicable, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or and be in compliance with all applicable codesrules, regulations, ordinances, statutes, and laws, rules or regulations. vi. All alterations(c) On termination of this Sub-sublease, improvements, additions, repairs Sub-sublessee shall remove any or all improvements constructed by Sub-sublessee and all other property attached to or used in connection with restore the Building Sub- subleased Premises (or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered thereof) to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. viiCommencement Date of this Sub-sublease, reasonable wear and tear excepted or as otherwise instructed in writing by either Sub-sublessor or Master Lessor. All alterationsShould Sub-sublessee fail to remove such improvements and restore the Sub- subleased Premises on termination of this Sub-sublease unless instructed otherwise in writing as set forth above, improvements or additions Sub-sublessor shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ix. if the cost of any Work equals or exceeds $25,000, then, prior todo so, and as a condition precedent to the commencement charge Sub-sublessee therefore, plus an administrative charge of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefitten percent (10%). x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Sub Sublease Agreement (Align Technology Inc)

ALTERATIONS & IMPROVEMENTS. Not SECTION 9.01. Tenant shall make any no changes or alterations in or improvements to the Demised Premises except in accordance with the following provisions: i. In connection with any proposed construction, alterations or improvements to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements nature without Landlord's prior written consent except for cosmetic and decorative changes of which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee Tenant shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”)give Landlord advance notice. Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor Landlord shall not be permitted deemed to reject be unreasonably withholding its consent if Tenant's proposed changes or alterations are not within the guidelines of Connecticut Light and Power Company's energy conscious construction program, a program in which Landlord participates or may participate to increase electrical efficiency. If Landlord consents to any element proposed changes or alterations, such consent shall not (i) constitute certification of compliance of the Design Development Documents which is generally consistent proposed changes or alterations with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed constructionAmerican with Disabilities Act of 1990, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be requiredamended from time to time ("ADA") or (ii) give rise to any ADA compliance or responsibility on the part of the Landlord with respect to the proposed changes or alterations. All fixtures and partitions, butrailings and like installations (excluding movable partitions and Tenant's trade furniture, fixtures and equipment and other Tenant's Property), installed in the Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall at the Expiration Date or prior termination of this Lease, become the property of Landlord and shall remain upon and be surrendered with the Premises, unless Landlord, by notice to Tenant no later than twenty (20) days prior to the Expiration Date or prior termination date of this Lease, elects to have them removed by Tenant, in which event the same shall be removed from the Premises by Tenant forthwith, at Tenant's expense. Nothing in this Section shall be construed to prevent Tenant's removal of Tenant's Property including Landlord's Construction, unless in connection with Landlord's Construction, Landlord, by notice to Tenant no later than twenty (20) days prior to the Expiration Date or prior termination date of this Lease, elects to have Tenant leave any part or all of Landlord's Construction in the Premises. However, upon removal of any Tenant's Property from the Premises or upon removal of other installations as may be required or permitted by Landlord, Tenant shall immediately, and at its expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Premises or the Building due to such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashionremoval. Lessee shall pay the reasonable fees of Lessor’s architect, engineer If Tenant uses any paint color or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) wall covering in the aggregate or which do Premises that is not require the issuance of a permitBuilding standard, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required Tenant, at Tenant's expense, must (i) repaint the Premises or remove the non-standard wall covering and (ii) paint the Premises in a Building standard color. Prior to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve using any such comments non-standard paint or revisionswallcovering, and Tenant may request Landlord's determination in advance whether such documents shall promptly print or wallcovering must be revised by Lessee to incorporate any agreed upon changes. In repainted or removed at the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance end of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be Term. All property permitted or required by Landlord to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ removed from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additions, repairs and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. vii. All alterations, improvements or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Premises by Landlord at Tenant's expense. Tenant's obligations pursuant to this Section 9.01 shall survive the expiration or early termination of this Lease except as such right may be waived pursuant to 14(d)(i) aboveLease. viiiSECTION 9.02. Lessee Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will not permit cause Tenant's contractors and subcontractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may reasonably require. As permitted by law, Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the Land and Building for all work, labor and service to be created or performed and all materials to remain undischarged be furnished in connection with such work, signed by all contractors, sub-contractors, materialmen and laborers to become involved in such work. Notwithstanding the foregoing, if any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be 's lien is filed against the Demised Premises, LesseeLand or Building, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged or bonded against by Tenant within thirty (30) days after demand from Lessorthereafter, at Tenant's expense. SECTION 9.03. Landlord shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition right to perform any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other proposed alterations to the Demised Premises shall in at cost, plus fifteen percent (15%) to cover general conditions (exclusive of on-site management), management, overhead and profit. Before commencing any event be deemed made for Lessor’s benefit. x. Lessee understands further that Lessee’s proposed construction or alterations, etcLandlord, in good faith, shall, if requested by Tenant, competitively bid same, on a "fixed price" and "sealed bid" basis, to at least three (3) outside subcontractors, selected in consultation with Tenant, for each major trade involved. The subcontractor selected need not be the one submitting the lowest bid, if Landlord reasonably believes that the relative reliability and skill of the various subcontractors warrant a selection based on considerations not limited solely to price., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Lease (Franchise Mortgage Acceptance Co)

ALTERATIONS & IMPROVEMENTS. Not Tenant shall make any alterations no alterations, additions, or improvements to the Demised Premises except in accordance with the following provisions: i. In connection with any proposed construction, alterations or improvements do anything to the Demised Premises costing in which is visible from the aggregate in excess exterior of Fifty Thousand Dollars the Premises without Landlord’s prior written consent ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor consent shall not be permitted unreasonably withheld but which may be conditioned upon Tenant’s obligation to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, remove such alterations or improvements require consent from Lessor’s mortgagee, Lessor may have not remove such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additions, repairs and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. vii. All alterations, improvements or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions alterations at the end of the Term of the Lease) and without a valid building permit issued by the appropriate governmental agency; provided, that Landlord may condition such consent in Landlord’s sole discretion to the extent any such alteration affects the structure of the Building or the 4 electrical, plumbing, mechanical or life safety systems. Upon termination of this Lease, any such general alterations, additions, or improvements (including without limitation all general electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) shall at once become part of the realty and belong to Landlord unless the terms of the applicable consent provide otherwise, or unless Landlord requests that part or all of the additions, alterations, or improvements be removed. Tenant may remove all special improvements unique to Tenant’s business, including, but not limited to, special shelving, counters, benches, hoods, autoclaves, compressors and walk in ovens, even if bolted to the floor. In such case, Tenant shall at its sole cost and expense promptly remove the specified additions, alterations, or improvements and repair and restore the Premises to its original condition upon occupancy prior to termination of this Lease except as such subject to normal wear and tear. Landlord shall have the right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged first approve any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any contractors performing work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lesseein the Premises, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but approval shall not be obligated tounreasonably withheld. Landlord shall reimburse Tenant such amount after receiving copies of paid invoices for such plans and documents. Landlord shall have the right to first approve all plans for improvements to the Premises, discharge which approval shall not be unreasonably withheld or delayed. All work on the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor Premises shall constitute additional rent payable by Lessee under this Lease be scheduled through Landlord and shall be paid by Lessee performed in accordance with Landlord’s reasonable rules and regulations. Landlord shall have the right to Lessor on demand. ix. if oversee the cost of any Work equals or exceeds $25,000contractor’s work, then, prior toat no expense to Tenant, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefitstop work if it is not being done properly. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Lease Agreement (I Flow Corp /De/)

ALTERATIONS & IMPROVEMENTS. Not Sublessee shall not make any alterations alterations, improvements, or improvements modifications to the Demised Subleased Premises except in accordance with without the following provisions: i. In connection with any proposed constructionexpress prior written consent of Sublessor and of Master Lessor, alterations or improvements to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor consent by Sublessor shall not be permitted unreasonably withheld, conditioned or delaye. Sublessee shall reimburse Master Lessor and Sublessor for all reasonable, out-of-pocket costs which Master Lessor and Sublessor may incur in connection with granting approval to reject Sublessee for any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed constructionalterations, alterations improvements, or improvements require consent from modifications, including, without limitation, Master Lessor’s mortgageeand Sublessor’s reasonable attorneys’ fees and costs, Sublessee shall provide Master Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in Sublessor with a timely fashion. Lessee shall pay the reasonable fees set of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve built” drawings for any such comments or revisionswork, and such documents shall promptly be revised together with copies of all permits obtained by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to Sublessee in connection with performing any such documentswork, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any after completing such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completionOn termination of this Sublease, Lessee Sublessee shall give Lessor a complete set remove any or all of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additionsor modifications installed by Sublessee which Master Lessor requires in writing be removed (either at the time Master Lessor approved same or any such later time as permitted by the Master Lease) and if any such removal is required, repairs and all other property attached to or used in connection with restore the Building Subleased Premises (or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused thereof) affected by such removal and restores as required by the Demised Premises Master Lease, Should Sublessee fail to substantially the same condition as prevailed before installation of the removed trade fixture. vii. All remove such alterations, improvements improvements, or additions modifications and so restore the Subleased Premises on termination of this Sublease unless instructed otherwise in writing as set forth above, Sublessor shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee do so, and charge Sublessee for its reasonable out-of-pocket costs therefor, plus a service charge of ten percent (10%) of the costs incurred by Sublessor. Sublessor shall remain obligated, at Sublessor’s sole cost an expense, to remove its remove, to the extent required by Master Lessor, any alterations, improvements improvements, or additions at modifications existing in and upon the end Subleased Premises as of the Term of Commencement Date and to restore the Subleased Premises with respect thereto as required by the Master Lease. Sublessee shall give access to Sublessor to start this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon during the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within last thirty (30) days after demand of the term of this Sublease, so that Sublessor and Sublessee can do their respective surrender work together. Sublessor will not unreasonably interfere with Sublessee’s use and occupancy including its surrender condition work, except for the last 15 days of the Sublease term, at which point Sublessor will be allowed to do whatever removal and restoration work it is required by Master Lessor per the terms of the Master Lease. Base Rent will be abated if Sublessor’s work during the last 15 days of the Term prevent Sublessee from Lessor, shall cause occupying the lien to be discharged Sublease Premises or doing any of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demandSublessee’s surrender obligation work. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefit. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Sublease Agreement (Selectica Inc)

ALTERATIONS & IMPROVEMENTS. Not make any alterations or Any improvements to which the Lessee may require within the Demised Premises except in accordance with may not be accomplished without the following provisions: i. In connection with any proposed construction, alterations or improvements to advanced written permission of the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements Lessor which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor consent shall not be permitted to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed constructionunreasonably withheld, alterations delayed or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00conditioned. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval approval/permission of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of the Lessor for the completeness, design sufficiency sufficiency, or compliance with applicable codes, laws, rules or regulations. viregulations now in force, or which may hereafter be in force of governmental agencies or authorities. All alterationsThis includes any installation of any electronic devices (security systems, improvementsfire or intercommunications systems). Should the Lessee install or should there presently be a security system of any type in the Demised Premises, additions, repairs and all other property attached to or used in connection with the Building or any then said security system shall remain a part thereof made or installed on of the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof and be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered turned over to Lessor upon at the expiration or earlier termination of the Term of this Lease; provided that , including any keys and/or combinations, without any cost to Lessor, for his use or for use by subsequent Lessees. Should the Lessee may be requested to remove its trade fixturessaid security system, personal property or be given permission to remove said security system by the Lessor, then it shall be the Lessee’s obligation at their sole cost and equipment if Lessee repairs expenses to replace any damage caused and all moldings on windows, doors, and walls which have been penetrated by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. viisecurity system to their original condition. All alterationsAt the termination of this Lease Agreement, any such improvements or additions shall be made only in conformity with all applicable laws, ordinances installed at the sole cost and regulations and subject to the approval expense of the public authorities and in compliance with Lessee may, at the requirements option of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves (Lessor shall inform Lessee at the right to time Lessor approves any improvements, etc., whether Lessor shall require Lessee to remove its alterations, such improvements or additions at the end of the Term term of this Lease. Notwithstanding anything in this Lease to the contrary, Lessee may remove its personal property and trade fixtures at any time during the term of this Lease except as provided Lessee repairs any damage occasioned by such right may removal) be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand removed from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractorleaving said Demised Premises in its original condition, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvementsless normal wear and tear, renovations casualty, condemnation or other alterations to said improvements and/or additions may be left within the Demised Premises for the beneficial use of the following occupant, at no cost or expense to the Lessor or to the following occupant. Lessee, its agents, employees and/or invitees, shall in not cut or drill holes through the aluminum doors, window frames, moldings or canopies at any event be deemed made for Lessor’s benefittime. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Sub Sublease Agreement (Tengion Inc)

ALTERATIONS & IMPROVEMENTS. Not Sublessee shall not make any alterations alterations, improvements, or modifications including Sublessee Improvements as defined in Paragraph 5.3, to the Subleased Premises without the express prior written consent of Sublessor and of Master Lessor, which consent by Sublessor shall not be unreasonably withheld or delayed and Sublessor will use its reasonable efforts to get Master Lessor's consent. Notwithstanding the foregoing, Sublessee shall not install any equipment or antennas and/or make any roof penetrations to the Subleased Premises without the express prior written consent of Sublessor and Master Lessor, which consent by Sublessor shall be in its sole discretion. Concurrently, with the granting of such consent, Sublessor shall notify Sublessee in writing whether or not the Master Lessor will require the requested alterations, modifications or improvements to be removed on termination of this Sublease. Sublessee Improvements as defined in Paragraph 5.3, will be completed: (i) to Sublessee's specifications, consistent with the Demised Premises except specifications of Sublessor's Improvements in Paragraph 5.2 herein and the consents set forth above; (ii) in accordance with the following provisions: i. In connection with any proposed construction, alterations or improvements to the Demised Premises costing all applicable codes; and (iii) by a general contractor chosen by Sublessee licensed in the aggregate in excess State of Fifty Thousand Dollars ($50,000.00), or in California and approved by the event Sublessor and Master Lessor. Sublessee Improvements may commence upon the completion and execution of any proposed construction, alterations or improvements which would require issuance all documentation and receipt of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) all approvals and/or permits required for the proposed work (new construction. Sublessor and Sublessee shall mutually agree upon the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element selection of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided architect. Sublessee acknowledges that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. Sublessor prefers that Sublessee employ Vinc▇ ▇▇▇▇▇▇approval ▇▇ Denn▇▇ ▇▇▇▇▇ & ▇ssociates, a Mountain View architectural firm, at least in the preliminary design phase because of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additions, repairs and all other property attached to or used in connection Mr. ▇▇▇▇▇▇▇'▇ ▇▇▇iliarity with the Building Subleased Premises. Notwithstanding the foregoing, Sublessee shall engage Vinc▇ ▇▇▇▇▇▇▇ ▇▇ review its plans and specifications for conformance to interior work described in Paragraph 5.2 herein, with the cost of said review not to exceed Two Thousand and no/100 Dollars ($2,000.00). On the earlier of the early termination of this Sublease or prior to the Sublease Expiration Date, Sublessee shall remove any or all improvements covered under this Article 7 and restore the Subleased Premises (or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered thereof) to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. viiCommencement Date of this Sublease, reasonable wear and tear excepted or as otherwise instructed in writing by either Sublessor or Master Lessor ("Restoration Work"). All alterationsThis Restoration Work shall include, improvements or additions shall but not be made only in conformity with all applicable lawslimited to, ordinances and regulations and subject the restoration of the second floor to the approval configuration and condition existing as of the public authorities and Commencement Date, but the first floor may be left in compliance with the requirements final configuration existing as of the Board Sublease expiration or termination except to the extent of Fire Underwriters any improvements not consented to by Sublessor and/or Master Lessor. Should Sublessee fail to timely completed any or other organization all of like character and after all necessary and proper permits and authorizations therefor the Restoration Work, unless instructed otherwise in writing as set forth above, Sublessor shall have been obtained. Lessor reserves the right to require Lessee do so, and charge Sublessee therefor, including holdover Rent for any extended period for the Restoration Work to remove its alterations, improvements or additions at the end be completed. Sublessee shall submit to Sublessor all "as built plans" (including an update of the Term of this Lease except work performed on the then present "as such right may be waived pursuant built plans" to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of insure that any work done or materials or supplies furnished performed is always currently reflected on such plans) for all work (regardless as to whether consent is required) performed by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, Sublessee within thirty ninety (3090) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demandcompletion. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefit. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Sublease Agreement (Neoforma Com Inc)

ALTERATIONS & IMPROVEMENTS. Not (a) Tenant may make any alterations no alteration, change, improvement, replacement or improvements addition to the Demised Premises except (collectively, "Alterations") without the prior written consent of Landlord. Landlord will not unreasonably withhold consent with respect to interior Alterations that do not affect, in accordance with any way, the following provisions: i. In connection with any proposed constructionmechanical, alterations or improvements electrical, plumbing, HVAC, structural and/or fire and life safety components of the Premises ("Non-Structural Alterations"). Landlord may, at its option, require Tenant to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary submit plans and specifications to Landlord for approval prior to commencing any Alterations. All Alterations must be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances. All Alterations (other than Non-Structural Alterations) must be performed by a contractor on Landlord's approved list (a copy of which may be obtained from the “Design Development Documents”) for the proposed work (the “Work”Building manager). Lessor shall review Any contractors used by Tenant must cany a comprehensive liability (including builder's risk) insurance policy in such amounts as Landlord may reasonably require and must provide proof of such insurance to Landlord prior to the Design Development Documents and notify Lessee in writing commencement of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element Alterations. All persons performing work in the Premises at the request of the Design Development Documents which is generally consistent Tenant must register with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time Building manager prior to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvementsinitiating any work. Upon completion of Lessor’s review any Alterations, Tenant must provide Landlord with a copy of the Design Development Documentsits building permit, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisionsfinal inspection tag and, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering if plans and specifications were required by Landlord, final "as built" plans and specifications, together with evidence of the lien-free completion of such Alterations. Except for the Tenant Improvements (which shall be governed by the “Construction Documents”) which describe the Work and are based Tenant Improvements Agreement [if any]), all Alterations now or hereafter placed or constructed on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review Premises at the Construction Documents and notify Lessee in writing request of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and Tenant will be at Lessee’s sole Tenant's cost. If Landlord performs Alterations on Tenant's behalf, Tenant must pay the cost and expense. Lessee’s obligations under the Lease are in no way contingent upon of such approvals or upon Alterations (plus a construction or completion management fee equal to 10% of the Workhard costs). ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additions, repairs and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered to Lessor upon (b) Upon the expiration or earlier early termination of the Term of this Lease; provided that Lessee , Tenant may remove its trade fixtures, personal property office supplies and movable office furniture and equipment if Lessee not attached to the Building provided (i) such removal is made prior to the termination or expiration of the Lease Term; (ii) Tenant is not then in default in the timely performance of any obligation or covenant under this Lease; and (iii) Tenant promptly repairs all damage caused by such removal. All other property at the Premises, any Alterations to the Premises, and any other articles attached or affixed to the floor, wall, or ceiling of the Premises will, immediately upon installation, be deemed the property of Landlord and will be surrendered with the Premises at the termination or expiration of this Lease, without payment or compensation therefor. If, however, Landlord so requests in writing, Tenant must, at Tenant's sole cost and expense, prior to the termination or expiration of the Lease Term, remove any and all trade fixtures, office supplies and office furniture and equipment placed or installed by Tenant in the Premises, and any non-Building Standard Alterations (other than the Tenant Improvements) installed by Tenant or installed by Landlord at Tenant's request. Tenant must repair any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixtureremoval. vii. All alterations, improvements or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefit. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Lease Agreement (OxySure Systems Inc)

ALTERATIONS & IMPROVEMENTS. Not 6.01 Tenant shall make any alterations no alterations, decorations, installations, additions or improvements (hereinafter "Tenant Changes") in or to the Demised Premises except without in accordance each instance obtaining the Landlord's prior written consent, and then only by contractors or mechanics subject to Landlord's approval, which shall not be unreasonably withheld and in conformance with detailed plans and specifications previously submitted to the Landlord and subject to the Landlord's prior written approval. All Tenant Changes shall be done at Tenant's sole cost and expense and at such times and in such manner as Landlord may from time to time designate. All Tenant Changes upon the Demised Premises, made by either party (excepting only Tenant's movable trade fixtures) shall, unless Landlord shall elect otherwise (which election may be made at any time prior to expiration or other termination of this Lease), become the property of Landlord, and shall remain upon, and be surrendered with, the Demised Premises as a part thereof at the end of the Term. In the event Landlord shall elect otherwise as to any Tenant Changes upon the Demised Premises, the same shall be removed by Tenant and Tenant shall restore the Demised Premises to the condition existing immediately prior to such Tenant Changes and such removal and restoration shall be at Tenant's own cost and expense, which covenant shall survive the termination of this Lease. 6.02 Tenant agrees that any Tenant Changes shall be done in a good and workmanlike manner, in conformity with the following provisions:plans and specifications approved by Landlord, and shall comply with all laws, ordinances and regulations of all public authorities having jurisdiction over the Tenant Changes. All salvage in connection therewith shall be properly disposed of by the Tenant. i. In 6.03 Tenant agrees that it will also procure all necessary permits before making any Tenant Changes. Landlord agrees that, without cost or expense to Landlord, it will cooperate with Tenant in obtaining such permits. Tenant agrees to pay when due the entire cost of any work done by or for Tenant upon the Demised Premises so that the Demised Premises shall at all times be free of liens for labor or materials. Tenant agrees to require all contractors and materialmen to waive any and all rights they may have to any mechanics notices of intention and mechanics liens. Tenant also agrees to indemnify and save Landlord harmless from any and all liens, and any and all injury, loss, claims, or damages to any person or property occasioned by or in connection with any proposed construction, alterations or improvements Tenant Changes. 6.04 Prior to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event commencement of any proposed construction, alterations or improvements which would require issuance Tenant Changes that involve any structural elements of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that , Tenant shall also, if requested, furnish and deliver to the proposed constructionLandlord, alterations or improvements require consent at Tenant's sole cost and expense, performance and payment bonds from Lessor’s mortgagee, Lessor may have such additional time a recognized surety licensed to seek do business in the State of New Jersey for the performance and obtain such consent payment of Tenant's Changes. Such bonds are subject to the Landlord's approval as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashionto form and amount. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee Tenant shall not be required to submit post bonds for nonstructural Tenant Changes. 6.05 All Tenant Changes shall be performed in such manner as not to Lessor for approval interfere with the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) occupancy of any other tenant in the aggregate Building nor delay or which do not require impose any additional expense upon Landlord in the issuance construction, maintenance or operation of a permitthe Building. Throughout the performance of Tenant Changes, Tenant, at its expense, shall carry or cause to be carried, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewiseduly maintained, changes to worker's compensation and employers liability insurance in statutory limits, and general public liability insurance insuring the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design Landlord against any an all liability or construction or to further implement the intended design claims of liability arising out of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the WorkTenant Changes, Lessee will provide Lessor with final design occasioned by or resulting from any accident or otherwise in or about the Leased Premises for injuries to any person or persons for limits not less than $1,000,000.00 for injuries to one person and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided$3,000,000.00 for injuries to more than one person, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain in any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved one accident or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisionsoccurrence, and such documents shall promptly be revised by Lessee for loss or damage to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additions, repairs and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor any persons, for not less than $1,000,000.00, for any occurrence in or about the Building, on which Landlord and its managing agent, if any, shall be surrendered named as parties insured, with insurers reasonably satisfactory to Lessor upon the expiration or earlier termination of the Term of this Lease; provided Landlord. Tenant shall furnish Landlord with evidence satisfactory to Landlord that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed insurance is in effect before installation of the removed trade fixture. vii. All alterations, improvements or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or Tenant Changes and, on request, at reasonable intervals thereafter during the delivery construction of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefitTenant's Changes. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Lease Agreement (Community Partners Bancorp)

ALTERATIONS & IMPROVEMENTS. Not make any alterations No alterations, additions or improvements in or upon the Premises shall be made by Subtenant without the prior written consent by Sublandlord and, to the Demised Premises except in accordance extent required by Section 9 of the Prime Lease, the consent of Landlord. Subtenant shall comply with the following provisions: i. In connection with any proposed construction, alterations or improvements to the Demised Premises costing in the aggregate in excess provisions of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element Section 9 of the Design Development Documents which is generally consistent Prime Lease with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating respect to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility additions or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. viimprovements. All alterations, improvementsadditions and improvements shall be made in accordance with applicable building codes and laws. Upon the termination of the term hereof, additionsall such alterations, repairs additions and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises improvements (except personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by or on behalf of Lessee Subtenant) shall immediately upon completion or installation thereof be and become remain part of the Building Premises and the property of Lessor be surrendered therewith without payment therefor by Lessor disturbance, molestation or injury and shall not be surrendered to Lessor upon the expiration or earlier termination of the Term of this Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused removed by Subtenant unless such removal is required by Sublandlord, in which case Subtenant shall remove the same and restores restore the Demised Premises to substantially the same condition as prevailed before installation of in which they were on the removed trade fixture. viidate hereof, reasonable wear and tear excepted. All alterations, improvements or additions If Subtenant shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee fail to remove its alterations, improvements or additions at the end of same and restore the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, then Sublandlord may, but shall not be obligated to, discharge do so at the Lien expense of Subtenant. Personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and Subtenant shall be paid and remain the property of Subtenant and may be removed by Lessee to Lessor on demand. ix. if Subtenant at any time during the cost of any Work equals or exceeds $25,000, then, prior toterm hereof when Subtenant is not in default hereunder, and in any event, shall be removed on or before the expiration of the term hereof. Subtenant shall repair any damage caused by such removal. Subtenant covenants and agrees to indemnify, protect and defend Sublandlord against, and hold Sublandlord harmless from, all liens, whether for labor or materials arising as a condition precedent the result of alterations, additions, repairs or improvements to the commencement Premises made by Subtenant during the term of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefitthis Sublease. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Sublease (Banks of the Chesapeake Inc)

ALTERATIONS & IMPROVEMENTS. Not make any alterations or improvements to the Demised Premises except in accordance with the following provisions: i. In connection with any proposed construction, alterations or improvements to the Demised Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. A. Lessee shall not be required make any alterations, renovations, improvements or other installations in, on or to submit any part of the Premises (including, without limitation, any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus or equipment of any kind to Lessor for approval any part of the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000Premises) in the aggregate or which do not require the issuance of a permit, unless and until Lessee shall not be required to obtain have obtained Lessor’s consent to perform same's prior written approval thereof. Likewise, changes to the plans which do not materially alter If such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end of the Term failing which Lessee shall not be required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Workis granted, Lessee will provide Lessor with final design and engineering plans and specifications (cause the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required work to be delivered performed, at its expense, promptly, efficiently, competently and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents in a good and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. w▇▇▇▇▇▇’approval like manner by duly qualified or licensed persons or entities, without interference with or disruption to the construction of the Building and/or the Premises by Lessor, the operations of other lessees of the Building or permission for any improvements, alterations, plans and/or working drawings their contractors. All such work shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or be performed in compliance with all applicable codes, lawsrules, rules or regulations. viregulations and ordinances. All alterations, improvementsimprovements and additions made by Lessee, additions, repairs and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and at Lessee's request as aforesaid, shall be surrendered to Lessor remain upon the Premises at the expiration or earlier termination of this Lease and shall become the Term property of Lessor, unless Lessor shall, prior to the termination of this Lease; provided that , have given written notice to Lessee may to remove its trade fixturessame, personal property and equipment if in which event Lessee repairs any damage caused by shall remove such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. vii. All alterations, improvements or and additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject restore the Premises to the approval same good order and condition in which it was at the date of this Lease. Should Lessee fail so to do, Lessor may do so, collecting the cost and expense thereof from Lessee as Additional Rent; or, at Lessor's option, by application of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except Deposit (as such right may be waived pursuant to 14(d)(ihereinafter defined) abovepaid hereunder. viii. B. Lessee will not permit shall have no power to do any act or make any contract which may create or be created or to remain undischarged the foundation for any lien, mortgage or other encumbrance upon the Premises, the Property or charge any part thereof; should Lessee cause any improvements, alterations or notice repairs to be made to the Premises, or material furnished or labor performed therein or thereon, neither Lessor nor the Premises nor any improvement shall under any circumstance be liable for the payment of lien, hereinafter collectively called “Lien,” arising out any expenses incurred or for the value of any work done or material furnished to the Premises or any part thereof; but all such improvements, alterations, materials and labor shall be done at Lessee's expense, and Lessee shall be solely and wholly responsible for contractors, laborers and materialmen furnishing labor and material to the Premises or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premisespart thereof. If any such Lien mechanics' or other lien shall at any time be filed against the Demised PremisesPremises or the Property by reason of work, labor, services or materials performed or furnished, or alleged to have been performed or furnished, to Lessee or to anyone holding the Premises through or under Lessee, within thirty (30) days after demand from Lessor, Lessee shall forthwith cause the lien same to be discharged of recordrecord or bonded to the satisfaction of Lessor. If Lessee fails shall fail to have cause such lien to be so discharged or bonded after being notified of the Lien discharged within thirty (30) daysfiling thereof, Lessorthen, in addition to any other right or remedy of Lessor, Lessor may have, may, but shall not be obligated to, bond or discharge the Lien same by deposit or bonding proceedings. Any paying the amount claimed to be due, and the amount so paid by Lessor and all costs and expensesLessor, including attorneys fees, reasonable attorney's fees incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and Lessor, shall be paid due and payable by Lessee to Lessor on demandas Additional Rent. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent to the commencement of any Work or the delivery of any materials to the Demised Premises by a contractor, Lessee shall deliver to Lessor such contractor’s recorded waiver of lien. No improvements, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefit. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Sublease Agreement (STRATA Skin Sciences, Inc.)

ALTERATIONS & IMPROVEMENTS. Not The Sublessee shall not be permitted to make any alterations, improvements or changes to the Subleased Premises without the Sublessor’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. The Sublessor hereby grants its consent to the initial alterations proposed by the Sublessee pursuant to the plans attached hereto as Exhibit C, subject to compliance with the other provisions of this Paragraph, and the Sublessor will not unreasonably withhold, condition or delay its consent to any modifications made by the Sublessee to such initial alteration plans. In addition it shall be the Sublessee’s responsibility (the Sublessor to assist in using reasonable efforts to obtain such consent as provided in the last sentence of this Section 11) to obtain the approval of the Master Landlord and obtain all required approvals and comply with the provisions of the Master Lease with respect to any alterations or improvements, including without limitation Section 13 of the Master Lease. It is understood that to the extent the Sublessee’s use requires modifications to the Subleased Premises in order to comply with applicable laws, codes, ordinances, rules and regulations, including without limitation ADA, the Sublessee shall be responsible for such compliance at the Sublessee’s expense. Before any alterations or improvements are made to the Subleased Premises the Sublessee shall obtain all necessary consents hereunder and the Master Lease. It is understood that if the Master Landlord, to the extent provided in the Master Lease, requires the removal of any improvements or alterations performed by or for the Sublessee or any restoration, the Sublessee shall be responsible for such removal and restoration. Notwithstanding the foregoing to the contrary, the Sublessor’s consent shall not be required and shall be deemed given to any alterations or improvements to which the Demised Premises except Master Landlord consents in accordance writing provided that the Sublessor shall have no responsibility whatsoever for said alterations and improvements and will not have any removal or restoration obligations with respect thereto. The Sublessor represents and warrants to the following provisions: i. In connection with any proposed construction, Sublessee that there have been no alterations or improvements that were made to the Demised Subleased Premises costing in the aggregate in excess of Fifty Thousand Dollars ($50,000.00), or in the event of any proposed construction, alterations or improvements which would require issuance of a permit, before and as a condition precedent to Lessee’s right to undertake same, Lessee shall deliver to Lessor for review and approval, preliminary plans and specifications (the “Design Development Documents”) for the proposed work (the “Work”). Lessor shall review the Design Development Documents and notify Lessee in writing of any comments thereon, and any proposed revisions thereto, within ten (10) business days after receipt provided, however, Lessor shall not be permitted to reject any element of the Design Development Documents which is generally consistent with the structural and building systems and existing improvements in the Demised Premises; further provided that if the proposed construction, alterations or improvements require consent from Lessor’s mortgagee, Lessor may have such additional time to seek and obtain such consent as may be required, but, in such case, Lessor will diligently pursue obtaining its mortgagee’s consent in a timely fashion. Lessee shall pay the reasonable fees of Lessor’s architect, engineer or other professional to review the Design Development Documents in an amount not to exceed $5,000.00. Lessor’s failure to deliver written comments and revisions on a timely basis shall be deemed as Lessor’s approval of the Design Development Documents. Lessee shall not be required to submit to Lessor for approval the Design Development Documents for work which costs less than Fifty Thousand Dollars ($50,000) in the aggregate or which do not require the issuance of a permit, and Lessee shall not be required to obtain Lessor’s consent to perform same. Likewise, changes prior to the plans which do not materially alter such plans and which are implemented due to field conditions, to correct deficiencies in design or construction or to further implement the intended design of the Improvements may be undertaken without prior approval of Landlord, but shall be included in as-built plans and/or redlined plans delivered to Landlord following completion of the Improvements. Upon completion of Lessor’s review of the Design Development Documents, Lessor shall advise Lessee whether Lessor will require removal of the improvements at the end commencement of the Term failing which Lessee shall not be of this Sublease that the Sublessor is required to remove same. ii. Representatives of both parties shall promptly make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties shall promptly meet and confer and negotiate in good faith to reach agreement on any disputed matters. iii. Before commencing construction or performance of the Work, Lessee will provide Lessor with final design and engineering plans and specifications (the “Construction Documents”) which describe the Work and are based on the approved Design Development Documents; provided, however, sealed construction documents shall not be required to be delivered and approved if same are not required to obtain any applicable permit required to perform such work. Lessor promptly shall review the Construction Documents and notify Lessee in writing of any disapproval thereof within fifteen (15) business days thereafter if and to the extent the Construction Documents materially differ from the Design Development Documents previously approved or deemed approved. Representatives of both parties promptly shall make themselves available to discuss and resolve any such comments or revisions, and such documents shall promptly be revised by Lessee to incorporate any agreed upon changes. In the event the parties cannot reach agreement and resolve all disputed matters relating to any such documents, the parties promptly shall meet and confer and negotiate in good faith to reach agreement on any disputed matters. Lessee shall also deliver to Lessor the “sealed” construction drawings, being the construction drawings stamped with approval of the Commonwealth of Pennsylvania’s Department of Licenses and Inspections if so required by applicable law to perform the work. Upon completion, Lessee shall give Lessor a complete set of as-built plans. iv. All applications for permits and approvals relative to construction of the Work will be based solely upon the approved Construction Documents and will be at Lessee’s sole cost and expense. Lessee’s obligations under the Lease are in no way contingent upon such approvals or upon construction or completion of the Work. ▇. ▇▇▇▇▇▇’▇ approval of or permission for any improvements, alterations, plans and/or working drawings shall create no responsibility or liability on the part of Lessor for the completeness, design sufficiency or compliance with applicable codes, laws, rules or regulations. vi. All alterations, improvements, additions, repairs and all other property attached to or used in connection with the Building or any part thereof made or installed on the Demised Premises by or on behalf of Lessee shall immediately upon completion or installation thereof be and become part of the Building and the property of Lessor without payment therefor by Lessor and shall be surrendered to Lessor restore upon the expiration or earlier termination of the Term of this Master Lease; provided that Lessee may remove its trade fixtures, personal property and equipment if Lessee repairs any damage caused by such removal and restores the Demised Premises to substantially the same condition as prevailed before installation of the removed trade fixture. vii. All alterations, improvements or additions shall be made only in conformity with all applicable laws, ordinances and regulations and subject to the approval of the public authorities and in compliance with the requirements of the Board of Fire Underwriters or other organization of like character and after all necessary and proper permits and authorizations therefor have been obtained. Lessor reserves the right to require Lessee to remove its alterations, improvements or additions at the end of the Term of this Lease except as such right may be waived pursuant to 14(d)(i) above. viii. Lessee will not permit to be created or to remain undischarged any lien, encumbrance or charge or notice of lien, hereinafter collectively called “Lien,” arising out of any work done or materials or supplies furnished by any contractor, subcontractor, mechanic, laborer or materialman, hereinafter collectively called “Contractor,” by or for Lessee, which might become a Lien upon the Demised Premises. If any such Lien shall be filed against the Demised Premises, Lessee, within thirty (30) days after demand from Lessor, shall cause the lien to be discharged of record. If Lessee fails to have the Lien discharged within thirty (30) days, Lessor, in addition to any other right or remedy Lessor may have, may, but shall not be obligated to, discharge the Lien by deposit or bonding proceedings. Any amount paid by Lessor and all costs and expenses, including attorneys fees, incurred by Lessor shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee to Lessor on demand. ix. if the cost of any Work equals or exceeds $25,000, then, prior to, and as a condition precedent Prior to the commencement of this Sublease, the Sublessor shall use reasonable efforts to obtain from the Master Landlord an estoppel certificate confirming the foregoing representation. The Sublessor shall reasonably cooperate with the Sublessee’s efforts to obtain the Master Landlord’s consent, approval or other action under the Master Lease and Master Landlord’s written agreement that the alterations need not be removed at the expiration of the Sublease term relative to any Work or such alterations proposed to be made by the delivery Sublessee, provided however, it is understood that the Sublessor shall not have liability with respect thereto. With respect to any work required under this Sublease to be completed by the Sublessor, such shall be subject to obtaining the prior written consent of any materials the Master Landlord to the Demised Premises extent required by a contractorthe Master Lease, Lessee and the Sublessor shall deliver use reasonable efforts to Lessor obtain from the Master Landlord such contractor’s recorded waiver consent and agreement that the alterations need not be removed at the expiration of lien. No improvementsthe Sublease term, renovations or other alterations to the Demised Premises shall in any event be deemed made for Lessor’s benefitextent required by the Master Lease. x. Lessee understands further that Lessee’s proposed construction or alterations, etc., may require the approval of Lessor’s mortgagee; if so, such written approval shall be a condition precedent to Lessee making such alterations, etc.

Appears in 1 contract

Sources: Sublease (American Bank Note Holographics Inc)