Alterations to Premises. Tenant shall make no structural or interior alterations to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12b.
Appears in 3 contracts
Samples: Office Lease (Medquist Inc), Office Lease (CBaySystems Holdings LTD), Office Lease (CBaySystems Holdings LTD)
Alterations to Premises. Tenant Lessee shall not make no any structural or interior non-structural changes or alterations to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to Premises without the prior written approval of LandlordLessor, which approval may be withheld at the sole and absolute discretion of Lessor. This includes, but is not limited to, any change or alteration which, in the sole discretion of Lessor, impairs the structural soundness or diminishes the value of the building(s) on the Premises; impacts the exterior appearance of the Premises; changes the interior configuration of the Premises; or adversely impacts the functioning of the wiring, plumbing, heating, air conditioning, sewer, or other similar systems. Such approval by Lessor shall commonly require that When performing approved changes or alterations, Lessee shall:
(1) procure all required municipal and other governmental permits; (2) perform all work in a good and workmanlike manner and in compliance with all building and zoning laws, including Colorado State Buildings design and code requirements; (3) provide adequate insurance; and (4) provide indemnification against mechanics’ liens. Lessee shall not erect nor install any exterior or interior window or door signs or advertising media or window or door lettering or placards on any portion of the Premises without the prior written consent of Lessor. Xxxxxx agrees not to use any advertising media that shall be unreasonably withhelddeemed objectionable in the reasonable opinion of Xxxxxx, conditioned including, without limitation, loudspeakers that can be heard outside the Premises. Lessee shall not install any exterior lighting or delayed. Subject plumbing fixtures, shades, or awnings, or any exterior decorations or painting, or build any fences or make any changes to the terms outside of this paragraphthe Premises without the prior written consent of Lessor. All alterations, additions, improvements, and notwithstanding fixtures that may be made or installed by either of the parties hereto upon the Premises or improvements thereon and which in any provision manner are attached to the floors, walls or ceilings shall be the property of Lessor and at the termination of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within shall remain upon and be surrendered with the Premises and to install equipment (which may include generator, condensers, UPS, etcas a part thereof.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12b.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Alterations to Premises. 30. Tenant shall will leave the Premises at the end of the Lease term, or any renewal or extension thereof, in as good condition as received, reasonable wear and tear excepted, and will not, without written permission of the Landlord, make no structural any alterations, additions or interior alterations improvements (including painting and papering) to the Premises. If SURRENDER OF PREMISES. 31. Tenant requests agrees to surrender the premises at the termination hereof in like condition as when taken, reasonable wear and tear expected. Tenant will surrender all keys to doors and locks and clean the premises thoroughly including the appliances and windows. Tenant agrees to strip, clean and wax all tile floors in the premises. In the event of the failure to do so, Tenant will pay the cost of the replacement keys and the cost of having such alterations and such alterations are structural in nature, then cleaning done. Any trash left by the Tenant shall provide Landlord with a complete set of construction drawingswill be hauled away at the Tenant's expense. Tenant also agrees that upon vacating tenant is responsible for having all the carpet professionally shampooed. If Landlord consents to determines that the alterationscarpet was not adequately shampooed the Landlord, then at his sole discretion shall have all the Landlord shall determine carpet professionally shampooed at the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s requestexpense. If Landlord deems that carpet is damaged in any way (i.e. cigarette xxxxx, Landlord shall not unreasonably withhold its consent to allowing Tenant pet and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlordirremovable odors, which approval shall not be unreasonably withheldnon-cleanable stains, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPStears/rips, etc.) then Tenant understands that Landlord will have the carpet replaced at the Tenant’s expense. Tenant understands that the walls are to be in the Building same condition as when the Tenant moved in. Any and around all holes must be patched and walls repainted if necessary. If Landlord determines that the land surrounding premises need painting, the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), Landlord at Tenant’s his sole cost and expense. Notwithstanding the above paragraph, Tenant discretion shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlordpremises painted at the Tenant’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12bexpense.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Alterations to Premises. (a) The Tenant shall must not make no structural or interior alterations permit any Proposed Work without the Landlord’s Consent.
(b) In seeking the Landlord’s Consent, the Tenant must submit to the Landlord plans and specifications of the Proposed Work.
(c) The Landlord may (unless it notifies the Tenant otherwise) require, as a condition of the Landlord’s Consent, that:-
(i) any Proposed Work be supervised by a person approved by the Landlord;
(ii) any Proposed Work be carried out by contractors or tradesmen approved by the Landlord;
(iii) the Tenant pays on demand all reasonable Costs incurred by the Landlord in considering the Proposed Work and its supervision, including the fees of architects or other building consultants engaged by or on behalf of the Landlord;
(iv) the Tenant obtains and keeps current all necessary approvals and permits from all Authorities necessary to Table of Contents enable any Proposed Work to be lawfully carried out, and on request by the Landlord gives for inspection by the Landlord copies of all those approvals and permits;
(v) on completion of the Proposed Work the Tenant immediately obtains and gives to the Landlord a copy of any certificates of compliance or satisfactory completion issued by the appropriate Authority;
(vi) the Tenant on demand reimburses the Landlord for any reasonable Cost incurred by the Landlord as a result of the Proposed Work being carried out, including any resulting modification or variation to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents ; and
(vii) prior to the alterations, then Date of Termination the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within restores the Premises and all Services to install equipment them to their configuration and condition immediately before the Proposed Work was carried out.
(which may include generator, condensers, UPS, etc.d) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), The Tenant will at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance own Cost comply with all applicable laws and conditions on which the rules and regulations described in Section 12bLandlord Consents to any Proposed Work.
Appears in 1 contract
Samples: Sale and Purchase Agreement (General Geophysics Co)
Alterations to Premises. Tenant shall make no structural or interior alterations to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s 's request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s 's contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s 's data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s 's Fulfillment Center. All such alterations shall be performed by Tenant’s 's contractors (which shall be subject to Landlord’s 's approval, not to be unreasonably withheld), at Tenant’s 's sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“"Tenant Alterations”") up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s 's prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12b.
Appears in 1 contract
Samples: Office Lease (Spheris Inc.)
Alterations to Premises. Landlord shall not be obligated and Tenant shall not be permitted to make no structural any alterations, additions, repairs, improvements or interior alterations decorations to the Premises except as specifically provided for herein or without advance written consent and approval of the Landlord. Tenant shall not affix or cause to be affixed to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to including the alterationswindows, then any sign, advertisement or notice without the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its advance written consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to In the terms absence of this paragraph, and notwithstanding any provision of this Lease a written agreement to the contrary, Landlord agrees to allow Tenant to construct (i) all fixtures including those placed in the Premises by the Tenant, except office furniture, portable enclosures and equipment of Tenant, shall become a data center within part of the Premises and to install equipment (which may include generator, condensers, UPS, etc.) shall remain in the Building and around Premises at the land surrounding termination of the Building necessary to facilitate Lease as the operation property of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraphforegoing, Tenant shall have the right to make nonstructural demolish and nonsystems related alterations (“remove all interior partitions and other improvements in the Premises so long as Tenant Alterations”) up to a value of $15,000.00 per occurrence (does not to exceed $60,000 during demolish or remove any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld)load bearing wall, provided and so long as Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of provides plans and specifications (if such alterations are of a character that would reasonably require to the Landlord for Landlord’s approval, and Landlord has no written objection within 5 days. If Landlord has no response within 5 days or expresses no objection within 5 days, Tenant’s plans and specifications shall be deemed approved and Tenant is free to execute the plans and specifications) . If Landlord objects within 5 days, Landlord’s objection shall contain a detailed description of the elements of the plan that are not acceptable and copies of all permitspotential recommended changes to the plan that would be acceptable. If Landlord’s recommended changes are acceptable to the Tenant, if required the plan including recommended changes shall be deemed approved by Landlord and Tenant is free to execute the appropriate municipalityplans and specifications. If Landlord’s recommended changes are not acceptable to the Tenant, Landlord and any contracts for such Tenant Alterationsagree to discuss alternate plans addressing the Landlord’s concerns. All such work by Tenant Alterations shall be performed by contractors approved by Landlord which approval in a good and workmanlike manner and shall not be unreasonably withheld, and in accordance with all applicable laws and cause harm to the rules and regulations described in Section 12bBuilding or disturb other tenants or occupants of the Building.
Appears in 1 contract
Alterations to Premises. Tenant's right and obligation to make alterations to the Leased Premises is subject to the following conditions, which Tenant agrees to observe and perform:
13.1 No change or alteration shall at any time be made which shall impair the structural soundness or diminish the value of the Building.
13.2 Tenant shall make give written notice to Landlord of any other change or alteration to the Premises in excess of One Thousand Dollars ($1000). Further, no structural change or interior alterations alteration shall be made involving an expenditure in excess of One Thousand Dollars ($1000) without the prior written consent of Landlord which Landlord may grant or deny in its sole discretion. As a condition precedent to the Landlord's consent, Tenant shall deliver to Landlord written plans and specifications for all such work. Landlord's approval, rejection, or suggested modifications to the plans and specifications must be given within thirty (30) days from the receipt of such plans and specifications, or consent shall be deemed to have been granted. The parties acknowledge and agree that changes under One Thousand Dollars ($1000) which relate to installation of carpeting or other flooring material, installation of window treatments, and painting and color selection shall not require Landlord's prior written consent.
13.3 No change or alteration shall be undertaken until _Tenant shall have procured and paid for all required municipal and other governmental permits and authorizations of the various municipal departments and governmental subdivisions having jurisdiction.
13.4 All work done in connection with any change or alteration shall be done in a good and workmanlike manner and in material compliance with the building and zoning laws, with all other laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal government and the appropriate departments, boards and officers thereof.
13.5 At all times, when any change or alteration is in progress, there shall be maintained at Tenant's expense Worker's Compensation insurance in accordance with material law governing all persons employed in connection with the change or alteration and general liability insurance for the mutual benefit of the Landlord and Tenant, expressly covering the additional hazards due to the change or alteration.
13.6 Tenant shall not suffer nor permit any mechanic's liens to be filed against the Premises by reason of work, labor, service or materials supplied or claimed to have been supplied to Tenant as a result of an agreement with, or the assent of Tenant. Nothing in this Lease shall be construed as constituting permission or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of the Premises, nor as giving Tenant any right, power or authority to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's liens against the Premises. If Tenant requests any such alterations and such alterations are structural in naturemechanic's lien shall at any time be filed against the Premises, then Tenant shall provide Landlord with a complete set cause the same to be discharged of construction drawingsrecord within thirty (30) days after the date Tenant has knowledge of such filing. If Tenant shall fail to discharge such mechanic's lien within such period, then, in addition to any other right or remedy of Landlord, Landlord consents to may, but shall not be obligated to, discharge the alterations, then same either by paying the Landlord shall determine the actual cost of the work amount claimed to be donedue or by procuring the discharge of such lien, which amount shall be immediately due and payable by Tenant to Landlord. However, Tenant may then either agree shall not be required to pay Landlord or discharge any such mechanic's lien so long as Tenant shall in good faith proceed to have contest the work done or withdraw its request for alterationssame by appropriate proceedings; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide give notice in writing to Landlord of its intent intention to make contest the Tenant Alterations. Such notice validity of such lien and shall include furnish a copy of plans and specifications (if such alterations are surety bond of a character that would reasonably require plans company satisfactory to Landlord in an amount sufficient to pay such contested lien claim with all interest thereon and specifications) court costs and copies expenses, including reasonable attorneys' fees, which may at such time be allowable by law to be incurred in connection therewith.
13.7 Any and all installations, alterations, changes, additions, partitions, fixtures or improvements to the Premises, including, but not limiting the generality of the foregoing, all permitsfixtures, if required by the appropriate municipalitylighting fixtures, cooling equipment, built-ins, partitions, wall coverings, tile, linoleum and any contracts for such Tenant Alterations. All Tenant Alterations power wiling shall be performed the property of the Landlord upon any termination of this Lease except for trade fixtures installed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12bTenant.
Appears in 1 contract
Alterations to Premises. 7.3.1 Tenant shall make no structural not, without Xxxxxxxx's prior written consent, construct or interior alterations install any alterations, improvements or additions (referred to collectively herein as "Alterations") in, on or about the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, provided that at Tenant’s request, Landlord shall not unreasonably withhold its withhold, condition or delay consent to allowing any Alterations that (i) do not affect any structural element of the Building or any electrical, mechanical or other system serving any portion of the Building other than the Premises and (ii) are not visible from outside the Premises. Furthermore, Tenant shall not be required to obtain Landlord’s consent to the installation of any minor decorations in the Premises. As a condition to the approval of any Alterations proposed by Xxxxxx, Landlord may require that Tenant remove any or all of said Alterations at the expiration of the Lease Term, or such other time at which Tenant ceases to possess the Premises, and restore the Premises to their prior condition. Should Tenant make any Alterations without the prior written approval of the Landlord, Landlord may require that Tenant immediately remove any or all of such items and/or Tenant’s contractors to perform such workLandlord may declare a default by Tenant under this Lease. All such alterations are subject to Except in connection with normal interior decorating of the Premises, Tenant shall not place any holes in any part of the Premises, and in no event shall Tenant place any exterior or interior signs or interior drapes, blinds, or similar items visible from the outside of the Premises without the prior written approval of Landlord, which approval may be withheld in Landlord’s sole discretion.
7.3.2 Any Alterations requiring Landlord’s prior written consent that Tenant shall not desire to make shall be unreasonably withheldpresented to Landlord in written form with proposed detailed plans and specifications. If Landlord shall give its consent, the consent shall be deemed conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct upon: (i) Tenant acquiring any required permit(s) to do the work from appropriate governmental agencies and furnishing a data center within copy thereof to Landlord prior to the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in commencement of the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, work; and (ii) an opening Tenant’s compliance with all conditions of any such permit(s) and with all specifications in the curtain wall Landlord-approved plans in a prompt and expeditious manner. Tenant shall not permit any of Floor 1 of Building C, the work to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject persons not currently licensed and insured under any applicable licensing laws or regulations pertaining to Landlord’s approval, not the types of work to be unreasonably withheld)performed. Landlord shall not be deemed unreasonable in the exercise of its discretion for withholding approval of any Alterations which involve or might affect any structural or exterior element of the Building, any area or element outside of the Premises, or any Building system or facility serving any area of the Building outside of the Premises, or which will require unusual expense to re-adapt the Premises to normal office use on the termination or expiration of the Lease. Landlord may require Tenant, at Tenant’s 's sole cost and expense, to obtain and provide to Landlord a lien and completion bond (or such other applicable bond as determined by Landlord) in an amount equal to one and one-half (1-1/2) times the estimated cost of any approved Alterations, to insure Landlord against liability, including but not limited to liability for mechanic's and material men’s liens and to insure completion of the work.
7.3.3 Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanic's or material men’s lien against the Premises or the Building. Notwithstanding Tenant shall give Landlord not less than ten (10) days notice prior to the above paragraphcommencement of any work in, Tenant on or about the Premises, and Landlord shall have the right to post notices of non-responsibility in, on or about the Premises as provided by law. Tenant shall have no power or authority to do any act or make nonstructural any contract which may create or be the basis for any lien upon the interest of the Landlord, the Premises or the Building, or any portion thereof. If any mechanics or other lien or any notice of intention to file a lien shall be filed or delivered with respect to the Premises or the Building, based upon any act of the Tenant or of anyone claiming through the Tenant, or based upon work performed or materials supplied allegedly for the Tenant, Tenant shall cause the same to be canceled and nonsystems related alterations discharged of record within thirty (“30) days after receipt of notice thereof. If Tenant Alterations”has not so canceled the lien within thirty (30) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent days as required herein, Landlord may, but shall not be unreasonably withheld)required to, pay such amount, and the amount so paid, together with interest thereon from the date of payment and all legal costs and charges, including attorneys fees, incurred by Landlord in connection with said payment and cancellation of the lien or notice of intent, shall be Additional Rent and shall be due and payable on demand. Landlord may, at its option and without waiving any of its rights set forth in the immediately preceding sentence, permit Tenant to contest the validity of any such lien or claim; provided that in such event, Tenant shall provide notice at its expense defend itself and Landlord against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Landlord, the Premises or the Building. Notwithstanding the foregoing, Landlord may at any time require Tenant to promptly deposit with the court exercising jurisdiction over such disputed lien such amount as may be necessary under applicable statutes to cause the release and discharge of the lien; and if Tenant shall fail to do so, Landlord may deposit such amount, in which event such amount, together with interest thereon from the date of its intent to make the Tenant Alterations. Such notice shall include a copy of plans payment and specifications (if such alterations are of a character that would reasonably require plans all legal costs and specifications) and copies of all permitscharges, if required including attorneys fees, incurred by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations Landlord in connection therewith shall be performed by contractors approved by deemed Additional Rent and shall be payable on demand. Nothing herein contained shall be construed as a consent on the part of Landlord to subject the interest and estate of Landlord to liability under any lien law of the state in which approval the Premises are situated, for any reason or purpose whatsoever, it being expressly understood that Xxxxxxxx's interest and estate shall not be unreasonably withheldsubject to such liability and that no person shall have any right to assert any such lien.
7.3.4 Unless Landlord requires removal of any Alterations as set forth in this Section, all Alterations which may be made on the Premises shall, at the expiration of the Lease Term or such other time at which Tenant ceases to possess the Premises, become the property of Landlord and remain upon and be surrendered with the Premises. Notwithstanding the provisions of this Section, Tenant's machinery, equipment and any trade fixtures, other than fixtures that cannot be removed without material, irreparable damage to the Premises, shall remain the property of Tenant and may be removed by Tenant subject to the provisions of this Section; provided that Tenant is not in accordance with all applicable laws default under this Lease at the time Tenant ceases to possess the Premises. Tenant shall, at its sole expense, repair any damage to the Premises resulting from the removal of any of Tenant's machinery, equipment and trade fixtures pursuant to this Section or shall reimburse Landlord for the rules and regulations described in Section 12bcost of any such repairs within thirty (30) days of Landlord’s demand for payment.
Appears in 1 contract
Samples: Office Lease Agreement
Alterations to Premises. Tenant Lessee shall not make no structural any alteration, addition or interior alterations improvement to the Premises. If Tenant requests such alterations and such alterations are structural in naturePremises or to any fixture, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterationswiring, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done plumbing, lighting, heating, air conditioning or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to other equipment therein without the prior written approval consent of LandlordLessor. Lessor shall be entitled to impose any condition to such consent as it may deem necessary or desirable (including, without limitation, the posting of bonds or use of a contractor's and architect's designated or approved by Lessor). Upon completion, Lessee shall deliver to xxx Xxssor a certificate of completion by the architect who supervised the construction, which approval shall not be unreasonably withheldstate that all work has been completed in accordance with the approved plans and specifications, conditioned or delayeda certificate of occupancy as required by any appropriate governmental authority, proof of payment for the improvements, and satisfactory lien waivers. Subject The Lessee shall promptly pay for all work completed and prior to paying any construction draw shall receive lien waivers for all work completed through the period covered by the prior payment to the terms appropriate contractors or materialmen. The Lessee shall indemnify and hold Lessor harmless from any claims for lien waivers whatever and shall, if such lien is claimed, post a bond to remove the effect of such lien from the Premises and/or Project. Unless Lessor requires the removal thereof upon the termination of this paragraphLease, and notwithstanding any provision of this Lease all alterations, additions or improvements to the contraryPremises by Lessee (except movable furniture, Landlord agrees to allow Tenant to construct (iequipment and trade fixtures) shall become a data center within part of the Premises and the property of Lessor immediately upon installation thereof. Any alteration, addition or improvement which Lessee is required or permitted to install remove hereunder, together with any movable furniture, equipment (which may include generatorand trade fixtures, condensers, UPS, etc.) in shall be removed at Lessee's expense upon the Building and around the land surrounding the Building necessary to facilitate the operation termination of Tenant’s data centerthis Lease, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) Lessee shall promptly repair any damage to the Building and the land surrounding the Building necessary Premises caused by such removal. Any alteration, addition or improvement to facilitate the operation of Tenant’s Fulfillment Center. All such alterations which Lessor consents shall be performed completed in good and workmanlike manner in accordance with plans, specifications and drawings approved in writing by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheldLessor, and in accordance compliance with all applicable laws laws, regulations and the rules codes, and regulations described Lessee shall timely pay all costs and fees incurred by Lessee in Section 12bconnection therewith.
Appears in 1 contract
Alterations to Premises. Landlord shall not be obligated and Tenant shall not be permitted to make no structural any alterations, additions, repairs, improvements or interior alterations decorations to the Premises except as specifically provided for herein or without advance written consent and approval of the Landlord. Tenant shall not affix or cause to be affixed to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to including the alterationswindows, then any sign, advertisement or notice without the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its advance written consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to In the terms absence of this paragraph, and notwithstanding any provision of this Lease a written agreement to the contrary, Landlord agrees to allow Tenant to construct (i) all fixtures including those placed in the Premises by the Tenant, except office furniture, portable enclosures and equipment of Tenant, shall become a data center within part of the Premises and to install equipment (which may include generator, condensers, UPS, etc.) shall remain in the Building and around Premises at the land surrounding termination of the Building necessary to facilitate Lease as the operation property of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraphforegoing, Tenant shall have the right to make nonstructural demolish and nonsystems related alterations (“remove all interior partitions and other improvements in the Premises so long as Tenant Alterations”) up to a value of $15,000.00 per occurrence (does not to exceed $60,000 during demolish or remove any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld)load bearing wall, provided and so long as Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of provides plans and specifications (if such alterations are of a character that would reasonably require to the Landlord for Landlord's approval, and Landlord has no written objection within 5 days. If Landlord has no response within 5 days or expresses no objection within 5 days, Tenant's plans and specifications shall be deemed approved and Tenant is free to execute the plans and specifications) . If Landlord objects within 5 days, Landlord's objection shall contain a detailed description of the elements of the plan that are not acceptable and copies of all permitspotential recommended changes to the plan that would be acceptable. If Landlord's recommended changes are acceptable to the Tenant, if required the plan including recommended changes shall be deemed approved by Landlord and Tenant is free to execute the appropriate municipalityplans and specifications. If Landlord's recommended changes are not acceptable to the Tenant, Landlord and any contracts for such Tenant Alterationsagree to discuss alternate plans addressing the Landlord's concerns. All such work by Tenant Alterations shall be performed by contractors approved by Landlord which approval in a good and workmanlike manner and shall not be unreasonably withheld, and in accordance with all applicable laws and cause harm to the rules and regulations described in Section 12bBuilding or disturb other tenants or occupants of the Building.
Appears in 1 contract
Alterations to Premises. Tenant shall make no structural or interior alterations to the Premises without obtaining the prior written consent of Landlord to such alterations, which consent shall not be unreasonably withheld or delayed; provided, however, Landlord may withhold its consent in its sole and absolute discretion with respect to any alterations which may affect the structural components of the Building or Building systems or which can be seen from outside the Premises. If Tenant requests such alterations and such alterations are structural in naturealterations, then Tenant shall provide Landlord Landlord's Property Manager with a complete set of construction drawings. If Landlord consents may impose, as a condition of its consent to all alterations to the alterationsPremises, then such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the Landlord shall determine the actual cost of the work to be done. requirement that Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterationsutilize only contractors, materials, mechanics and materialmen reasonably approved by Landlord; provided, however, that at Tenant’s requestLandlord may impose such requirements as Landlord may determine, Landlord shall not unreasonably withhold in its consent sole and absolute discretion, with respect to allowing Tenant and/or Tenant’s any work affecting the structural components of the Building or Building systems (including designating specific contractors to perform such work). Tenant shall construct such alterations in conformance with any and all applicable laws. All work with respect to any alterations must be done in a good and workmanlike manner and diligently prosecuted to completion. In performing the work of any such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraphalterations, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (work performed in such manner as not to exceed $60,000 during obstruct access to the Building or the Common Areas for any 12-month period) without Landlord’s prior written consent (which consent shall other tenant of the Building, and as not be unreasonably withheld)to obstruct the business of Landlord or other tenants of the Building. With respect to all alterations performed after the Commencement Date, provided Tenant shall provide notice to Landlord of its intent to make pay a Construction Supervision Fee in the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described amount set forth in Section 12b1l. of this Lease.
Appears in 1 contract
Samples: Office Lease (Autobytel Inc)
Alterations to Premises. Tenant shall may, without Landlord’s consent, make no non-structural or interior alterations and improvements to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost interior of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld)Premises, at Tenant’s sole cost and expense, and such alterations and improvements shall be deemed approved under the REA. Notwithstanding the above paragraphIn addition, Tenant shall have the right be permitted to make nonstructural exterior and/or structural alterations, which are consistent with the architectural theme of the Center, additions and nonsystems related alterations (“Tenant Alterations”) up structural improvements to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without the Premises with Landlord’s prior written consent (consent, which consent shall not be unreasonably withheld), provided delayed or conditioned. Not later than twenty (20) days prior to the date of commencement of any exterior or structural alteration or improvements, Tenant shall provide notice submit reasonably detailed plans to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permitsfor Landlord’s consent, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, delayed or conditioned. Upon completion of any exterior or structural alterations or improvements to the Premises undertaken by Tenant, Tenant shall deliver to Landlord a copy of as-built plans and specifications therefor (or, if as-built plans and specifications are not available, any change orders or other revisions to Tenant’s final plans and specifications as furnished to and, if applicable, approved by Landlord), together with a copy of all permits and approvals obtained by Tenant for such work. With regard to Tenant’s FF&E including, without limitation seats, special lighting, projection and sound equipment, which may be installed in the Premises by Tenant prior to or during the Term, the same shall not be deemed to become a part of the Premises and may be altered, removed, replaced and/or improved by Tenant without restriction and may be removed by Tenant from the Premises in accordance with all applicable laws Section 20.1 below. Further, Tenant covenants and agrees at its own cost and expense to repair any damage to the rules and regulations described in Section 12bPremises resulting from or caused by such removal.
Appears in 1 contract
Alterations to Premises. Tenant Lessor shall not be obligated after the Commencement Date to make no structural any alterations, additions, improvements or interior alterations decorations to the Premises. If Tenant requests In the event Lessor undertakes any such alterations alterations, additions, improvements or decorations at the request of Lessee, Lessee shall bear the reasonable expense of such work and upon billing therefor, shall promptly remit the amount of such alterations are structural in natureexpense to Lessor. Lessee shall make no alterations, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents additions, improvements or decorations to the alterationsPremises, then or affix or cause to be affixed to the Landlord shall determine Building, the actual cost Premises, or the windows of the work to be done. Tenant may then either agree to pay Landlord to have Building, any sign, insignia or advertising without first obtaining the work done or withdraw its request for alterations; providedwritten consent of Lessor, however, that at Tenant’s request, Landlord provided Lessor shall not unreasonably withhold or condition its consent to allowing Tenant and/or Tenant’s contractors alterations, additions, repairs, improvements, decorations or renovations which Lessee is obligated to perform such workundertake pursuant to Section 3.2 hereof. All such alterations are subject As to any other alterations, additions, improvements or decorations that Lessee may desire to make, Lessor shall not unreasonably withhold or condition its consent to the prior written approval same, provided that the structure of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within is not adversely affected thereby. Any such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations work approved by Lessor shall be performed done on behalf of Lessee by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors contractor approved by Landlord which approval shall not be unreasonably withheld, Lessor in a good and workmanlike manner and in accordance with all applicable laws local, state and the federal codes, statutes, rules and regulations described regulations. If Lessor grants written permission to Lessee to install or affix any non-standard (as determined by Lessor) signs, insignia or advertising to or upon the Premises or the Building, Lessor shall have the right, but shall not be obligated, to repair and perform maintenance on such sign, insignia or advertising to insure that it is maintained in Section 12ba good and presentable manner in harmony with the rest of the Building, and to charge the reasonable expense of such repair and maintenance to Lessee, to be paid after billing with Lessee’s next immediate Rent payment.
Appears in 1 contract
Samples: Office Sublease Agreement (Targanta Therapeutics Corp.)
Alterations to Premises. Tenant shall make no structural or interior alterations to the Premises, except for Tenant’s initial improvements to be made in accordance with the Workletter attached hereto as Lease Addendum Number 1. Tenant’s initial interior alterations shall be in accordance with the Plans described in the Workletter. Subsequently, Tenant may make no alterations to the Premises without Landlord’s prior written consent, which consent shall not be unreasonably conditioned, withheld, or delayed (except that strictly decorative or cosmetic alterations to the interior of the Premises, or alterations to the interior of the Premises which do not require the issuance of a building permit by applicable governmental authorities, shall not require Landlord’s prior consent). If Tenant requests such alterations and such alterations are structural in naturealterations, then Tenant shall provide Landlord Landlord’s Property Manager with a complete set of construction drawings. If Landlord consents drawings that are necessary to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such workobtain any required building permit. All such alterations alterations, additions, or improvements which are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent shall be made by a contractor reasonably approved by Landlord (which consent as set forth in Section 4a of the Workletter) in a good and workmanlike manner in accordance with applicable city, county, state, and federal laws and regulations, building and zoning codes, and all present and future governmental regulations relating to the Americans With Disabilities Act (ADA). Landlord’s approval of Tenant’s plans shall not be unreasonably withhelddeemed as a warranty that Tenant’s alterations comply with any governmental requirements. Upon completion of such alterations and project close-out (meaning all “punch list” items have been satisfied, Tenant has accepted the alterations as being fully completed, and all of Tenant’s contractors have been paid in full), provided Tenant shall provide notice to Landlord with proof of its intent to make payment for all labor and materials used in performing the alterations. All additions or improvements made by Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of remain as Tenant’s separate personal property for all permits, if required by the appropriate municipalitypurposes under this Lease, and any contracts for such shall, upon the expiration or earlier termination of this Lease, belong to Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described except as provided otherwise in Section 12b8e below.
Appears in 1 contract
Samples: Lease Agreement (Tengion Inc)
Alterations to Premises. Tenant shall make no structural not permit alterations in or interior alterations to the PremisesLeased Premises unless and until Landlord has approved the plans therefor in writing. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent be obligated to allowing make any alterations, additions, repairs, improvements, or decorations to the Premises except as expressly provided for in this Lease or as specifically agreed upon by Landlord and Tenant and/or Tenant’s contractors to perform in a separate agreement. In the event any such work. All alterations, additions, repairs, improvements, or decorations are made upon written request by Tenant and approved by Landlord, such approvals shall only be given for non-structural, so long as such the non-structural alterations are subject to not visible from outside the prior written approval Leased Premises, do not affect the structure, mechanical systems or electrical systems of Landlordthe Buildings, which Tenant uses contractors approved by Landlord (whose approval shall not be unreasonably withheld, conditioned or delayed), Tenant provides Landlord with "as built" drawings for any modifications or written specifications, if as- builts are not applicable, Tenant provides Landlord with its contractor's evidence of insurance prior to making such alterations and Tenant notifies Landlord prior to making such alterations. Subject As a condition of such approval (or with respect to any alterations made hereunder without Landlord's approval), Landlord may require Tenant to remove the terms alterations and restore the Leased Premises upon termination of this paragraphLease; otherwise, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All all such alterations shall be performed by Tenant’s contractors (which shall be subject to at Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost 's option become a part of the realty and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural property of Landlord and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided removed by Tenant. Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such ensure that all alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and made in accordance with all applicable laws laws, regulations and Building codes, in a good and workmanlike manner and of quality equal to or better than the rules original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and regulations described nothing in Section 12bthis Lease shall be construed to constitute Landlord's consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses, and attorneys' fees in connection with any construction or alteration and any related lien. No alterations or additions shall be made to the Premises by Tenant nor shall Tenant affix or cause to be affixed to the Premises, including windows, signs, advertisements, or notices, without the written consent of Landlord. In the absence of a written agreement to the contrary, all alterations, repairs, or improvements except unattached moveable trade fixtures, office furniture, and equipment of Tenant shall be and remain property of Landlord.
Appears in 1 contract
Samples: Lease Agreement
Alterations to Premises. Tenant shall make no structural or interior alterations to the PremisesPremises without the prior written approval of Landlord. If Tenant requests such alterations and such alterations are structural in naturealterations, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterationsrequested alterations are approved by Landlord, then the Landlord shall determine the actual cost of the work to be donedone [to include a construction supervision fee of ten percent (10%)]. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord . The construction supervision fee for the initial tenant improvements shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) as provided in the Building and around attached Work Letter, if any. Notwithstanding the land surrounding the Building necessary to facilitate the operation of foregoing, Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s its sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related interior, non-structural alterations (“Tenant Alterations”) to the Premises of up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s the prior written consent approval of Landlord (which consent shall not be unreasonably withheld“Permitted Alterations”), provided the Permitted Alterations (i) do not require a building permit; (ii) do not create an unreasonable burden on the load bearing capability of the floor or otherwise affect any structural elements of the Building and/or Premises; (iii) do not modify, connect to, or interfere with any Building systems (such as the HVAC, plumbing or electrical systems); and (iv) are not visible from outside of the Premises. Tenant shall provide notice notify Landlord in writing prior to Landlord of its intent to make the Tenant making any such Permitted Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permitsNotwithstanding any provision herein to the contrary, if required Tenant desires to use its own contractors and/or subcontractors to perform any Permitted Alterations, the contractors and/or subcontractors must be licensed in the State of North Carolina and must be approved in writing by Landlord prior to the appropriate municipality, and any contracts for such Tenant commencement of the Permitted Alterations. All Tenant Landlord hereby agrees not to unreasonably withhold, condition or delay its approval of Xxxxxx’s contractors and subcontractors. Any Permitted Alterations shall be performed by contractors approved by Landlord which approval shall not Tenant must be unreasonably withheld, completed in a good and workmanlike manner and in accordance with all applicable laws laws, codes and regulations. Landlord shall have the rules and regulations described right to inspect Xxxxxx’s work periodically in Section 12bconnection with any Permitted Alterations to the extent reasonably necessary to ensure Tenant’s compliance with this provision.
Appears in 1 contract
Alterations to Premises. (a) Tenant shall not, without Landlord's prior written consent, make no structural or interior any alterations and additions to any part of the Buildings on the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the All alterations, then decorations, installations, additions or improvements upon the Premises, made by Landlord shall determine or Tenant, including, but not limited to, all wiring, paneling, flooring and installation of walls, shall, unless Landlord elects otherwise, become the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval property of Landlord, which approval and shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraphremain upon, and notwithstanding any provision of this Lease to be surrendered with the contraryPremises, Landlord agrees to allow Tenant to construct (i) as a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld)part thereof, at Tenant’s sole cost and expensethe end of the term or any renewal term, as the case may be. Notwithstanding the above paragraphProvided, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) continuing right, without Landlord’s prior written consent (which consent 's consent, to erect, install, maintain, and operate on the Premises such equipment and fixtures as Tenant may deem advisable. It is mutually agreed that with respect to the usual trade fixtures and equipment, that all such trade fixtures and equipment shall not be unreasonably withheld)deemed to become part of the Premises but shall remain chattels and the sole and exclusive property of Tenant, except as otherwise provided in Paragraph 8 of this Lease.
(b) Landlord shall have the option of erecting or causing to be erected, at Landlord's expense, such structural additions to the Buildings on the Premises requested by Tenant shall provide notice to Landlord at any time during the initial term or any extended term of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permitsthis Lease, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and substantially in accordance with all applicable laws plans, specifications and estimated costs thereof, prepared by Tenant and approved by Landlord. Landlord may elect to (i) construct or cause to be constructed such structural additions requested by Tenant within a reasonable time after notice from Tenant, in a workmanlike manner. In consideration thereof, Tenant shall pay to Landlord as Additional Rent an amount equal to ten percent (10%) of Landlord's cost of said improvements, said Additional Rent to be payable for the rules remaining part of the Lease year in which the improvements are completed and regulations described for each Lease year of the then existing term and any extended term thereafter, payable in Section 12bequal monthly installments commencing on the first day of the month following completion of said structural additions; Additional Rent shall be paid in a manner pursuant to Paragraph 3 of this Lease; or (ii) elect not to construct said structural additions, in which event Tenant may exercise its option to purchase the Premises in accordance with the terms and conditions set forth in Paragraph 26 of this Lease. All additions, alterations and improvements made in or to the Premises by either Landlord or Tenant shall become the property of the Landlord and be surrendered with the Premises at the termination of this Lease.
Appears in 1 contract
Samples: Lease Agreement (Sport Haley Inc)
Alterations to Premises. Tenant shall make no structural or interior alterations to the PremisesPremises without the prior written approval of Landlord. If Tenant requests such alterations and such alterations are structural in naturealterations, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterationsrequested alterations are approved by Landlord, then the Landlord shall determine the actual cost of the work to be donedone (to include a construction supervision fee of 5% of the cost of the work). Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord . The construction supervision fee for the initial tenant improvements shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) as provided in the Building and around attached Work Letter, if any. Notwithstanding the land surrounding the Building necessary to facilitate the operation of foregoing, Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s its sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related interior, non-structural alterations (“Tenant Alterations”) to the Premises of up to a value of $15,000.00 50,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s the prior written consent approval of Landlord (which consent shall not be unreasonably withheld"Permitted Alterations"), provided the Permitted Alterations (i) do not require a building permit; (ii) do not create an unreasonable burden on the load bearing capability of the floor or otherwise affect any structural elements of the Building and/or Premises; (iii) do not modify, connect to, or interfere with any Building systems (such as the HVAC, plumbing or electrical systems); and (iv) are not visible from outside of the Premises. Tenant shall provide notice notify Landlord in writing prior to Landlord of its intent to make the Tenant making any such Permitted Alterations. Such notice shall include a copy If Tenant desires to use its own contractors and/or subcontractors to perform any Permitted Alterations, the contractors and/or subcontractors must be licensed in the State of plans Tennessee and specifications (if such alterations are must be approved in writing by Landlord prior to the commencement of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Permitted Alterations. All Tenant Landlord hereby agrees not to unreasonably withhold, condition or delay its approval of Tenant's contractors and subcontractors. Any Permitted Alterations shall be performed by contractors approved by Landlord which approval shall not Tenant must be unreasonably withheld, completed in a good and workmanlike manner and in accordance with all applicable laws laws, codes and regulations. Landlord shall have the rules right to inspect Tenant's work periodically in connection with any Permitted Alterations to the extent reasonably necessary to ensure Tenant's compliance with this provision. In the event Tenant uses its own contractor for alterations, Tenant shall pay Landlord a construction supervision fee of 5% of the hard costs of the alterations to cover Landlord's cost for such things as reviewing the plans, approving the contractor, and regulations described in Section 12binspecting the work.
Appears in 1 contract
Alterations to Premises. (a) The Tenant shall must not make no structural or interior alterations to permit any Proposed Work without the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations Consent (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which such consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make .
(b) In seeking the Landlord’s Consent the Tenant Alterations. Such notice shall include a copy of must submit to the Landlord plans and specifications of the Proposed Work.
(if such alterations are c) If the Landlord consents to any Proposed Work, the Landlord requires (unless it notifies otherwise), as a condition of the Landlord’s Consent, that:
(i) any Proposed Work will be at the Cost of the Tenant and will be supervised by a character that would reasonably require plans and specifications) and copies of all permits, if required person approved by the appropriate municipalityLandlord;
(ii) any Proposed Work be carried out in a fit, proper and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, workmanlike manner and in accordance with plans and specification approved by the Landlord, by contractors or tradesmen approved by the Landlord;
(iii) the Tenant pay on demand all reasonable Costs incurred by the Landlord in considering the Proposed Work and its supervision, including the fees of architects or other building consultants properly engaged by or on behalf of the Landlord;
(iv) the Tenant obtains, keeps current and complies with all necessary approvals and permits from all Authorities necessary to enable any Proposed Work to be carried out in accordance with the Law and any applicable laws Standards. On request by the Landlord the Tenant must give for inspection by the Landlord copies of all those approvals and permits;
(v) on completion of the rules Proposed Work the Tenant immediately obtains and regulations described gives to the Landlord a copy of any certificates of compliance or satisfactory completion issued by the appropriate Authority or necessary to legally use or occupy the Proposed Work;
(vi) the Tenant on demand reimburses the Landlord for any Cost incurred by the Landlord as a result of the Proposed Work being carried out, including the Landlord’s Consultants Costs and any Cost resulting modification or variation to the Premises;
(vii) prior to the Date of Termination the Tenant restores the Premises and all Services to them to their configuration and condition immediately before the Proposed Work was carried out unless the Landlord confirms in Section 12bwriting that such restoration is not required;
(viii) the Tenant take out contracts works insurance to fully cover the Proposed Work together with any other insurance reasonably required by the Landlord. Such insurances must cover the Landlord’s interest as an insured. The Tenant must provide evidence of such insurance to the Landlord before commencing any work; and
(ix) such other conditions imposed by the Landlord (acting reasonably).
(d) The Tenant must at its own Cost comply with all conditions imposed by the Landlord as part of its consent to the Proposed Work.
Appears in 1 contract
Alterations to Premises. Tenant shall not make no structural any additions, alterations or interior alterations improvements to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to Premises without first obtaining the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its written consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval consent shall not be unreasonably withheld, conditioned or delayed. Subject In the event that Landlord consents to the terms making of this paragraphany additions, and notwithstanding any provision of this Lease alterations or improvements to the contraryPremises by Tenant, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations all work shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant expense and shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of in accordance with plans and specifications (if such alterations are prepared by and at the expense of a character that would reasonably require plans Tenant and specifications) and copies consented to in writing by Landlord prior to the commencement of any work. The identity of all permitscontractors, if required by the appropriate municipality, subcontractors and any contracts materialmen providing labor or material for such Tenant Alterations. All Tenant Alterations said work shall also be performed by contractors approved by Landlord which in writing prior to the commencement of any work, such approval shall not to be unreasonably withheld, conditioned or delayed. Tenant shall procure all necessary permits and approvals, including a building permit, prior to the commencement of any work. During the course of performance of said work, Tenant will carry or cause its contractors to carry workmen’s compensation and such other insurance as may from time to time be required by Landlord for the benefit of Landlord and/or such other parties as Landlord shall designate. Landlord shall require a guaranty by each of Tenant’s prime contractors and materialmen for the benefit of Landlord, Tenant and such other parties as Landlord shall designate, that all work performed and materials furnished by such contractors will conform to the requirements of the plans and specifications as to the kind, quality, function of equipment and characteristics of material and workmanship and will remain so for a period of at least one year from the date that the work has been completed, and in accordance with the event of any deficiency, defects, faults or imperfections of materials, equipment or workmanship which appear prior to the expiration of such period, the contractor upon receiving written notice thereof from Landlord or Tenant will immediately correct and repair the same at the expense of such contractor; said guaranties to be effective whether or not any part of this work has been subcontracted by the contractor. Upon the completion of construction of any such additions, alterations or improvements, Tenant shall pay all applicable laws sums due for such construction and shall require the rules execution of a release of liens by its contractor and regulations described all subcontractors and materialmen. Any alterations, improvements and additions made by Tenant shall remain upon the Premises at the expiration or earlier termination of this Lease and shall become the property of Landlord, unless Landlord shall, at the time Landlord consented to such alterations, improvements or conditions have given written notice to Tenant to remove the same, in Section 12bwhich event Tenant shall remove such alterations, improvements and additions and restore the Premises to the same good order and condition in which they were at the commencement of this Lease, normal wear and tear excepted.
Appears in 1 contract
Alterations to Premises. (a) The Tenant shall make no structural must not carry out or interior alterations permit the carrying out of any Proposed Work without the Landlord’s Consent.
(b) In seeking the Landlord’s Consent the Tenant must submit to the Landlord plans and specifications of the Proposed Work.
(c) If the Landlord consents to any Proposed Work, the Landlord requires (unless it notifies otherwise), as a condition of the Landlord’s Consent, that:
(i) any Proposed Work will be at the Cost of the Tenant and will be supervised by a person approved by the Landlord;
(ii) any Proposed Work be carried out in a fit and proper manner by contractors or tradesmen approved by the Landlord;
(iii) the Tenant pay on demand all reasonable Costs incurred by the Landlord in considering the Proposed Work and its supervision, including the fees of architects or other building consultants properly engaged by or on behalf of the Landlord;
(iv) the Tenant obtains, keeps current and complies with all necessary approvals and permits from all Authorities necessary to enable any Proposed Work to be carried out in accordance with the Law and any applicable Standards. On request by the Landlord the Tenant must give for inspection by the Landlord copies of all those approvals and permits;
(v) on completion of the Proposed Work the Tenant immediately obtains and gives to the Landlord a copy of any certificates of compliance or satisfactory completion issued by the appropriate Authority or necessary to legally use or occupy the Proposed Work, together with as built drawings and such air balancing information as the Landlord reasonably requires;
(vi) the Tenant on demand reimburses the Landlord for any reasonable Cost incurred by the Landlord as a result of the Proposed Work being carried out, including any resulting modification or variation to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents ;
(vii) prior to the alterations, then Date of Termination the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within restores the Premises and all Services to install equipment them to their configuration and condition immediately before the Proposed Work was carried out unless the Landlord confirms in writing that such restoration is not required; and
(which may include generator, condensers, UPS, etc.viii) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would take out contracts works insurance to fully cover the Proposed Work together with any other insurance reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12bLandlord.
Appears in 1 contract
Alterations to Premises. (a) The Tenant shall make no structural must not:
(i) add to, remove from or interior alterations to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost alter any part of the work to be donePremises or the Building (including any Floor Coverings, the Service Facilities or the Landlord’s Property); or
(ii) install any item, fixture, fitting, equipment or Floor Covering. unless the Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to has obtained the prior written approval consent of the Landlord.
(b) As a pre-condition to any consent, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to Landlord may require the contrary, Landlord agrees to allow Tenant to construct to:
(i) a data center within prepare and provide plans and specifications for the Premises works for the Landlord’s approval and to install equipment (which may include generator, condensers, UPS, etc.) in not commence any works until the Building Landlord has approved those plans and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and specifications;
(ii) an opening pay for the reasonable costs and expenses of the Landlord in supervising or inspecting the work; and
(iii) carry out any consequential work that may be reasonably required having regard to the work proposed by the Tenant.
(c) If any work does not comply with the Work Standards, the Tenant must immediately carry out all required alterations, repairs or replacements so that it becomes compliant.
(d) If required by the Landlord, the Tenant must (at the Landlord’s election):
(i) supply and erect hoardings of a type and in the curtain wall of Floor 1 of Building C, to install two location approved by the Landlord before commencing any works and remove those hoardings once those works are complete; or
(2ii) four foot doors within such opening, to improve pay the outside area for delivery access and to install other improvements (which may include a large dumpster) cost to the Landlord of supplying, erecting and removing those hoardings.
(e) If:
(i) any work carried out by the Tenant (including any initial fitout works) requires, or results in the need for, any repair, alteration or addition to any Service Facility or any part of the Building or the Premises (as reasonably determined by the Landlord or as required by any Authority or Law); or
(ii) the Landlord’s insurer requires any repair, alteration or addition to any Service Facility or any part of the Building or the Premises because of the Tenant’s use of the Premises or the Building, then:
(iii) the Landlord may carry out those works at the Tenant’s cost and the land surrounding Landlord may require the Building necessary Tenant to facilitate make payment of the operation Landlord's reasonable estimate of the cost of those works prior to the Landlord commencing the works; or
(iv) the Landlord may require the Tenant to carry out those works at the Tenant’s Fulfillment Center. All such alterations shall be performed by cost.
(f) The Tenant must pay for the Landlord’s costs in connection with:
(i) engaging any architect, engineer or suitably qualified consultant to review the Tenant’s contractors plans and specifications;
(ii) any work carried out by the Landlord at the request of the Tenant or which shall be subject to Landlord’s approval, is required because of any work carried out by the Tenant;
(iii) any work that the Tenant has not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations done properly; and
(“Tenant Alterations”iv) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent work that is required to make the Tenant Alterations. Such notice shall include a copy Premises or Building compliant with all relevant Laws and the requirements of plans and specifications (if such alterations are of a character each relevant Authority to the extent that would reasonably require plans and specifications) and copies of all permits, if required any work done by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall has caused the Premises or Building to not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12bcompliant.
Appears in 1 contract
Samples: Lease