Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions: (i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises; (ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building. (iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject; (iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California; (v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and (vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 2 contracts
Samples: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and Subject to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free terms of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordthis Paragraph 14, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way have the structure right to perform certain alterations to the Premises. Any alterations made shall remain on and be surrendered with the Premises upon expiration of the Demised Term, except that Landlord may, within thirty (30) days after receipt of written request by Xxxxxx (which notice may be given by Tenant prior to or subsequent to Xxxxxx’s making of the applicable alterations), elect to require Tenant to remove any alterations which Tenant may have made, or is contemplating making, to the Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of LandlordIf Landlord fails to timely make such election, Tenant shall make no Alterations not be required to any portion remove the applicable alterations which Tenant made, or is contemplating making, to the Premises. If Tenant fails to provide Landlord the above described notice, Landlord may, at anytime prior to that date which is thirty (30) days after the expiration of the exterior or elevation of Term, elect to require Tenant to remove any alterations which Tenant may have made to the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) TenantPremises. If Landlord so elects, Tenant shall, at its sole cost and expenseown cost, restore the Premises to the condition reasonably designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Notwithstanding the foregoing, Tenant shall cause its contractors to maintain builder's risk insurance and such other insurance (includingnot, without limitationLandlord’s prior written approval, workers compensation insurance) as is then customarily maintained for such workbe permitted to make alterations to the Premises that affect the structural portions of, all with insurers licensed by or slab of, the State Building, materially and adversely affect the Building’s systems and/or materially affect the appearance of California;
(v) At the Building or the Premises Land viewed from the exterior, provided that Tenant shall notify Landlord in writing at least fifteen (15) days prior to Tenant's the commencement of any Alterations costing in excess alteration(s) and within thirty (30) days of One Million Dollars ($1,000,000.00)completion of the applicable alteration(s) and, if completed, deliver to Landlord a set of the plans and specifications therefor shall be submitted therefor, either “as built” or marked to Landlord for Landlord's review and approval, which approval show construction changes made. The performance of Tenant’s Work shall not be unreasonably "withheld or delayed provided that governed by the provisions terms of this subparagraph (vParagraph 14, but shall rather be governed by the terms of Subparagraph 4(d) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate Paragraph 9 above and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except Work Letter Agreement attached hereto as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.Exhibit C.
Appears in 2 contracts
Samples: Standard Industrial Lease, Standard Industrial Lease (Solyndra, Inc.)
Alterations. Tenant may install tenant finishes shall not permit alterations in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and or to the Demised PremisesLeased Premises unless and until the plans have been approved by Landlord in writing, subject only which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. As a condition of such approval, Landlord may require Tenant to remove the following conditions:
(i) any Alterations alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made at Tenant's sole cost in accordance with all applicable laws, regulations and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordbuilding codes, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and of quality equal to or better than the 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 nothing in this Lease shall be construed to constitute a consent by Landlord 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 under this Section 7.03, not performed by Landlord or an affiliate, and any related lien. Notwithstanding anything contained herein to the contrary, Tenant shall have the right, without Landlord's consent, and in compliance with all applicable laws other provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, and requirements the aggregate cost of governmental authorities having jurisdiction and applicable insurance requirements and shall which does not violate any term of any agreement or restriction exceed Fifty Thousand Dollars ($50,000.00) per project for a total project cost not to which the Demised Premises are subject;
exceed One Hundred Fifty Thousand Dollars (iv$150,000.00) Tenantper year, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least provided that Tenant gives Landlord fifteen (15) business days prior to Tenant's commencement written notice of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord along with copies of all plans and specifications prepared in connection relating thereto and complies with any such alteration, addition or improvement, as well as copies of each material amendment Landlord's reasonable and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditioncustomary procedures.
Appears in 2 contracts
Samples: Office Lease Agreement (Interactive Intelligence Inc), Office Lease Agreement (Interactive Intelligence Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural changes in or to the demised premises of any nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Leasewithout Owner's prior written consent. In addition, without Subject to the prior written approval consent of LandlordOwner, Tenant shall make no Alterations and to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth abovearticle, Tenant shall not be required to obtain Landlordat Tenant's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shallexpense, when completedmay make alterations, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterationsinstallations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Demised Premises so that Landlord shall have interior of the right to record and post notices of nonresponsibility on the Demised Premisesdemised premises by using contractors or mechanics first approved by Owner. Within a reasonable time period prior to commencing the Tenant shall, before making any alterations, additions additions, installations or improvements, Tenant at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall provide Landlord with copies deliver promptly duplicates of all plans such permits, approvals and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment certificates to Owner and change thereto, if Tenant agrees to carry and when applicable. All of will cause Tenant's generators contractors and uninterruptible power supply equipment (but in no event including sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the primary HVAC system serving demised premises, or the Building)building of which the same forms a part, trade fixturesfor work claimed to have been done for, movable partitionsor materials furnished to, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removalTenant, whether or not affixed done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or attached by Owner in Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the real estate date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the owner thereof same shall be entitled removed from the premises by Tenant prior to remove the same expiration of the lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any part thereof during such from the term premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the end of the term provided hereinremaining in the premises after Tenant's removal shall be deemed abandoned and may, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end election of Owner, either be retained as Owner's property or may be removed from the term shall become the property of Landlord without payment therefor premises by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shallOwner, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionTenant's expense.
Appears in 2 contracts
Samples: Office Lease (American Portfolios Holdings Inc), Office Lease (American Portfolios Holdings Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall make interior no alterations, additional installations, modifications, substitutions, improvements and decorations changes or additions in or to the Premises or the Project (collectively, "Alterations") in and to the Demised Premiseswithout Landlord's prior written consent, subject only to the following conditions:
which shall not be unreasonably withheld, conditioned or delayed; provided, however, (i) Landlord hereby consents to those Alterations listed on Exhibit "E" attached hereto and made a part hereof (so long as such Alterations are otherwise completed in accordance with the requirements set forth in this Lease), and (ii) Landlord's prior written consent shall not be required for Tenant's interior painting, and for any non-structural installation of fixtures, equipment, interior floors and floor coverings in the Premises, all of which may otherwise be completed in accordance with this Lease. Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors reasonably approved by Landlord in writing and upon the reasonable approval by Landlord in writing of plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Landlord shall grant or deny consent to a proposed Alteration within ten (10) business days after Landlord's receipt of plans and specifications therefor. If Landlord fails to so respond in writing to Tenant within said ten (10) business day period, Tenant may send a second written notice ("Alteration Notice") to Landlord indicating that such Alteration Notice is being delivered by Tenant pursuant to this Section 9(d). Landlord's failure to withhold its consent by written notice to Tenant within five (5) business days after Landlord's receipt of a properly delivered Alteration Notice shall be made deemed to constitute Landlord's consent to such Alteration. Tenant shall at Tenant's its sole cost and expense so that the Demised Premises shall at obtain all times be free of liens for labor necessary approvals and materials supplied permits pertaining to the Demised Premises;
(ii) without the prior written approval of any Alterations approved by Landlord, . Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no cause all Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and manner, in compliance conformance with all applicable laws Laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction pursuant to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to a valid building permit. Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld entitled to a construction management fee or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared review fee in connection with any such alterationAlterations. Notwithstanding anything to the contrary contained herein, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment Tenant may also make minor alterations to the Premises (but in no event including the primary HVAC system serving the Building"Minor Alterations"), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided hereinwithout Landlord's consent, provided that the cost of any such owner shall repair Minor Alteration does not exceed $75,000 in any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain one instance and more than $200,000 in the Property of Tenant and Tenant shall have the right to remove the Alterations at any time aggregate during the term hereof Term; and provided Tenant shall repair further that such Minor Alteration does not (i) require any damage resulting therefrom structural modifications to the Premises, (ii) require any changes to, nor adversely affect, the Project Systems, and leave (iii) affect the Demised Premises in a commercially reasonable conditionexterior appearance of the Project. Notwithstanding the foregoingrights accorded to Tenant pursuant to the immediately preceding sentences, Tenant acknowledges and agrees that Landlord's permission for Tenant to commence construction or Landlord's monitoring of such work shall in no way constitute any representation or warranty by Landlord as to the adequacy or sufficiency of such plans and specifications, the improvements to which they relate, the capabilities of such contractors or the compliance of any such work with any applicable Laws; instead, any Alterations on such permission or monitoring shall merely be the Demised Premises at the end of the term shall become the property consent of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionhereunder.
Appears in 2 contracts
Samples: Lease (Cohu Inc), Agreement of Purchase and Sale (Cohu Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior shall not make, or suffer to be made, any alterations, additional installationsimprovements or additions in, modificationson, substitutions, improvements and decorations (collectively, "Alterations") in and about or to the Demised Premises, subject only to the following conditions:
Premises or any part thereof (i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition“Alterations”), without the prior written approval consent of Landlord (not to be unreasonably withheld) and/or without a valid building permit issued by the appropriate governmental authority, where required. As a condition to giving such consent, Landlord may require that Tenant agree to remove any Specialty Alterations in accordance with the provisions of Section 5(a) of Addendum One. Unless Landlord requires that Tenant remove any such Specialty Alteration, any Alteration, except movable furniture and trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Landlord will notify Tenant as to whether Landlord approves any proposed Alteration to be performed by Tenant within fifteen (15) days following Tenant’s submission to Landlord of Tenant’s request for consent to any such Alteration (including within such request, proposed plans and specifications, designation of architect and contractors, and other relevant information). If Landlord fails to notify Tenant of Landlord’s approval or disapproval within such fifteen (15) day period, Tenant shall make no Alterations have the right to any portion provide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the applicable Plans and contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE PROVISIONS OF SECTION 13 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE ALTERATIONS DESCRIBED HEREIN.” If Landlord fails to respond to such Second Request within fifteen (15) calendar days after receipt by Landlord, the plans in question shall be deemed approved by Landlord. Without limiting the generality of the exterior or elevation foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and sub-panels), telephone/components, air conditioning, partitioning, drapery, and carpet installations made by Tenant, regardless of how affixed to the Premises, together with all other Alterations that have become an integral part of the Building.
(iii) any Alterations , shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements become the property of governmental authorities having jurisdiction and applicable insurance requirements the Landlord upon termination of the Lease, and shall not violate be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the Term hereof, any term Alteration is required by law, regulation, ordinance or order of any agreement or restriction to which public agency as a result of Tenant’s use of the Demised Premises are subject;
(iv) Tenantfor purposes other than office use, Tenant shall promptly make the same at its sole cost and expense. If during the Term, shall cause its contractors any alteration, addition, or change to maintain builder's risk insurance and such other insurance (includingthe Common Area is Required by law, without limitationregulation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement ordinance or order of any Alterations costing in excess of One Million Dollars ($1,000,000.00)public agency, the plans and specifications therefor Landlord shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall make the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to and the Demised Premises so that Landlord shall have the right to record and post notices cost of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant a Common Area Charge and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end pay Tenant’s Pro Rata Share of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered said cost to Landlord at the expiration of the term of this Lease; as provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionParagraph 12 above.
Appears in 2 contracts
Samples: Triple Net Building Lease Agreement (Sumo Logic, Inc.), Triple Net Building Lease Agreement (Sumo Logic, Inc.)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall make interior no alterations, additional installations, modifications, substitutions, additions or improvements and decorations (collectively, herein collectively called "Alterations") in or to the Demised Premises or the Building, structural or otherwise, without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. If any such Alterations are made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of such work. All Alterations shall be at Tenant's sole expense, shall comply with all laws, rules, orders and regulations of governmental authorities having jurisdiction thereof and shall be made at such times and in such manner as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective premises. All Alterations shall be made only by such contractors or mechanics as are approved in writing by Landlord. Such approval shall not be unreasonably withheld, conditioned or delayed. Approval of contractors or mechanics by Landlord shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience, and past job performance. Tenant shall pay prevailing wages to all contractors and mechanics. All Alterations to the Demised Premises, subject only to whether made by Landlord or Tenant, and whether at Landlord's or Tenant's expense, or the following conditions:
(i) any Alterations joint expense of Landlord and Tenant, shall be made and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Upon expiration of the Lease, Tenant shall have no obligation to remove, modify or alter any of the initial alterations described in Exhibit D attached. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the Alterations (excluding Initial Alterations), unless Landlord agrees in writing not to require the removal of an Alteration. Removal of Tenant's Property and Alteration shall be at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenantshall, at its sole cost and expense, shall cause its contractors repair any damage to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided hereinIn the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord at the expiration of the Term. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord on or before the expiration of the Term or any extension or renewal thereof, then and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal together with any and all Alterations made or installed damages which the Landlord may suffer and sustain by Tenant shall remain reason of the Property failure of Tenant to remove the same. Landlord, at its own cost and expense, shall perform or provide the renovations to the Demised Premises as more fully described on Exhibit D (the renovations therein described being referred to herein as the “Initial Alterations”). Landlord's architect shall perform all of the architectural services required in connection with the construction of the Initial Alterations. Landlord shall require the use of building standard finishes for the Initial Alterations. Landlord shall be responsible for obtaining all necessary permits for occupancy. Landlord shall have no liability for any delay in delivering the Demised Premises due to contractor delay. Upon substantial completion of the Initial Alterations as reasonably determined by Landlord’s architect, this Lease shall commence and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave occupy the Demised Premises in a commercially reasonable conditionPremises. “Substantial Completion” of the Initial Alterations shall be the date reasonably determined by Landlord that the Initial Alterations has been performed, other than any details of construction, mechanical adjustment or any other matter, the non-completion of which does not materially interfere with the ability of Tenant to commence beneficial use and occupancy of the Premises. Notwithstanding any provision in this Lease to the foregoingcontrary, any Alterations on in the Demised Premises at event Landlord is delayed in the end substantial completion of the term shall become the property Initial Alterations by reason of Landlord without payment therefor by Landlordany Tenant Caused Delay, then and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of in such event the Lease Commencement DateDate shall be the date which Landlord’s architect reasonably determines that the Initial Alterations would have been substantially completed in the absence of the Tenant Caused Delay. For purposes hereof, if so requested by Landlord, a Tenant shall, at its sole cost and expense and in Caused Delay shall be defined as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.follows:
Appears in 2 contracts
Samples: Office Lease Agreement (Technest Holdings Inc), Office Lease Agreement (Technest Holdings Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so without the prior written consent of Landlord, and Landlord may impose, as a condition of such consent such requirements as Landlord in its sole discretion may deem reasonable or desirable, including without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done and requirements that Tenant provide Landlord with labor, material, payment and performance bonds (collectively the "bonds") naming Landlord (and such other persons as Landlord may reasonably request) as insureds under such bonds. Landlord shall have the right same rights of review and approval with respect to record permitted alterations, additions, and post notices improvements to the Premises as described for tenant improvements in Article 7. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of nonresponsibility on all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with rules, orders, directions, regulations and requirements of the Demised PremisesPacific Fire Rating Bureau or any other organization performing a similar function. Within Before commencing any work, Tenant shall give Landlord at least five (5) days' notice of the proposed commencement date of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, the bonds, in a reasonable time period prior form reasonably satisfactory to commencing Landlord, for said work naming Landlord (and such other persons as Landlord may reasonably request) as insureds under the bonds. All such alterations, additions or improvements, Tenant improvements shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain become the property of the owner thereof Landlord and shall be surrendered with the right of removalPremises, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any as a part thereof during the term or thereof, at the end of the term provided hereinhereof, provided except that such owner shall repair any damage caused Landlord may, by such removal. Except as otherwise provided herein, all Alterations made or installed by notice to Tenant shall remain the Property of Tenant and Tenant shall have the right given at least thirty (30) days prior to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become term, require Tenant to remove all partitions, counters, railings and the property of Landlord without payment therefor like installed by Landlord, Tenant and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom to the Premises form such removal. Tenant shall make no alteration, addition or improvement to the Premises that can be seen from the exterior of the Building or from any common area of the Building, including without limitation window treatments, curtains, and leave the Demised Premises in a commercially reasonable conditionbinds.
Appears in 2 contracts
Samples: General Office Lease (Micron Electronics Inc), General Office Lease (Micron Electronics Inc)
Alterations. Tenant shall not make any alterations to the Premises, including any changes to the existing landscaping, without Landlord's prior written consent. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenantnon-structural alterations costing less than $50,000 per event without Landlord's sole cost and expense so that the Demised Premises shall at all times be free consent. Regardless of liens whether Landlord's consent for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordalteration is required, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, must provide Landlord at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) business days prior to Tenant's the commencement of any Alterations costing alteration with a complete description of each such alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in excess accordance with the laws of One Million Dollars ($1,000,000.00)the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the plans and specifications therefor approval of Landlord, shall be submitted to performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, in connection with Tenant's request for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition elect to require Tenant to remove some or improvementall of the alterations which Tenant may have made to the Premises ("REQUIRED REMOVABLES"). If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election or pursuant to any prior approval, before the last day of the Term. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord (if required). Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Tenant's property shall include, without limitation, Tenant's furniture, furnishings, business machines and equipment, computer conduits, communications equipment and such other property as well as copies of each material amendment and change thereto, if and when applicable. All may be required in the conduct of Tenant's generators and uninterruptible power supply equipment business. Tenant shall have the right, but not the obligation (but in no event including except at the primary HVAC system serving expiration or prior termination of the BuildingTerm), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premisestime, to finance the extent required by Landlord. Tenant further agrees purchase thereof, to repair any damage resulting therefrom grant security interests therein and leave the Demised Premises in a commercially reasonable conditionto otherwise encumber same.
Appears in 2 contracts
Samples: Standard Modified Gross Office Lease (Earthlink Inc), Standard Modified Gross Office Lease (WWW Holdings Inc)
Alterations. Except for the initial Tenant may install tenant finishes Improvements and Non-Material Alterations (as defined below), Tenant shall not make alterations in or to the Demised ----------- Leased Premises unless and make interior until Landlord has approved the plans therefor and the general contractor that will be engaged by Tenant to perform such alterations. Landlord shall notify Tenant of its approval or disapproval of Tenant’s alterations within ten (10) business days after notice from Tenant specifying the proposed alteration and delivery of plans and specifications detailing same. Landlord shall not unreasonably withhold, delay, or condition approval for any alterations, additional installationsadditions, modifications, substitutions, or improvements and decorations (collectively, "Alterations") in and or to the Demised PremisesLeased Premises or Building. As a condition of such approval (and at the time of such approval), subject only Landlord may require Tenant to remove the following conditions:
alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord at the expiration or earlier termination of this Lease, and shall not be removed by Tenant. For purposes of clarification, Tenant will not be required to remove (i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
initial Tenant Improvements, (ii) without alterations for which Landlord did not notify Tenant of the prior written approval removal requirement at the time of Landlord’s approval, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
and (iii) any Alterations for which Landlord gives a removal notice less than thirty (30) days before the termination of this Lease. Tenant shall ensure that all alterations shall be performed made in accordance with all Applicable Laws in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term quality equal to or better than the original construction of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and Building; provided Landlord’s approval of such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld deemed a representation by Landlord that same comply with Applicable Laws. No person shall be entitled to any lien derived through or delayed provided that under Tenant for any labor or material furnished to the provisions Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of this subparagraph any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or materials claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record or bonded against within thirty (v30) days after filing. Tenant shall not apply indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien. Notwithstanding the foregoing, Tenant shall be required to initial tenant improvements needed give prior written notice to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth aboveLandlord, but Tenant shall not be required to obtain Landlord's consent ’s consent, for alterations to Alterations which the Leased Premises totaling less than $250,000.00 individually or $750,000.00 in the aggregate over any twenty-four (24) month period, provided such alterations (i) are a subtenant's initial tenant improvements. Any Alteration shallnon- structural in nature, when completed, be of such character as (ii) do not to reduce the value or utility materially affect any of the Demised Premises Building systems (including, without limitation, the heating and air conditioning and plumbing systems), and (iii) do not affect the exterior or aesthetics of the Building (the foregoing being “Non-Material Alterations”). Tenant shall not be required to which such Alteration is made below its value obtain Landlord’s prior approval, to use a specific contractor, or utility to furnish performance bonds or completion guaranties for Non-Material Alterations; provided, Landlord immediately before such Alteration, nor shall such Alteration alter reserves the exterior right to require that Tenant remove any Non-Material Alterations upon the expiration or earlier termination of the Improvements or reduce the area or cubic content of this Lease and restore any resulting damage to the Building, nor change the character of the Demised Premises or the Building as upon written notice to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 at least one hundred eighty (180) days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionTerm.
Appears in 2 contracts
Samples: Lease Agreement (Grail, Inc.), Lease Agreement (Grail, Inc.)
Alterations. Tenant may install tenant finishes in Following the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of LandlordCommencement Date, Tenant shall not make no Alterations (x) which are structural in nature any changes, additions, alterations, improvements or adversely affect in additions to the Premises and Common Area or attach or affix any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, articles thereto without the Landlord’s prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approvalconsent, which approval shall not be unreasonably "withheld withheld, conditioned or delayed provided that delayed. All alterations, improvements, and additions to the provisions of Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this subparagraph (vParagraph) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value done only by Landlord or utility of the Demised Premises contractors or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor mechanics approved by Landlord, and shall be surrendered at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to Landlord at file or which has been filed against the expiration Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the term date Landlord receives (1) notice of this Lease; provided howeverintent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, if bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant shall, at its sole cost and expense and in as expeditious within 10 days following Tenant’s receipt of a manner as possible remove any or all of such Alterations xxxx from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises All alterations, improvements, or additions, whether temporary or permanent in a commercially reasonable condition.character, made
Appears in 2 contracts
Samples: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)
Alterations. Except for Permitted Alterations (as defined below), Tenant may install tenant finishes shall not permit alterations in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and or to the Demised PremisesLeased Premises unless and until the plans have been approved by Landlord in writing, subject only which approval shall not be unreasonably withheld, conditioned or delayed. As a condition of such approval, Landlord may require Tenant to remove the following conditions:
(i) alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Notwithstanding the foregoing, Tenant shall not be obligated to remove any of Landlord's Work or any Permitted Alterations and Landlord may not require Tenant to remove any other alterations that are of a type customary for first-class office buildings. Tenant shall ensure that all alterations shall be made at Tenant's sole cost in accordance with all applicable laws, regulations and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordbuilding codes, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and of quality equal to or better than the 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 nothing in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and this Lease shall not violate any term be construed to constitute a consent by Landlord to the creation of any agreement lien. If any lien is filed against the Leased Premises for work claimed to have been done for or restriction material claimed to which 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. Notwithstanding anything to the Demised contrary set forth hereinabove, Tenant may, without Landlord's prior approval but with written notice to Landlord, along with permits and drawings to the extent required, make any alterations, improvements or additions to the Leased Premises are subject;
("Permitted Alterations"), so long as they (i) do not affect the Building structure, (ii) do not adversely affect the value of the Building, (iii) do not materially, adversely affect any of the Building systems, (iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall are not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter visible from the exterior of the Improvements or reduce Building, (v) are of a type customary for first-class office buildings, (vi) do not materially increase the area or cubic content cost of demolition of the BuildingPremises Improvements, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, (vii) only if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees the alteration is of a type not customary for first-class office buildings, restore the affected portion of the Leased Premises to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionits condition prior to such modification.
Appears in 2 contracts
Samples: Office Lease Agreement (KMC Telecom Holdings Inc), Office Lease Agreement (KMC Telecom Holdings Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural changes in or to be demised premises of any nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Leasewithout Owner's prior written consent. In addition, without Subject to the prior written approval consent of Landlord, Tenant shall make no Alterations Owner and to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth abovearticle, Tenant shall not be required to obtain Landlordat Tenant's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shallexpense, when completedmay make alterations, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterationsinstallations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the Demised Premises so that Landlord shall have interior of, the right to record and post notices of nonresponsibility on the Demised Premisesdemised premises by using contractors or mechanics first approved by Owner. Within a reasonable time period prior to commencing the Tenant shall, before making any alterations, additions additions, installations or improvements, Tenant at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall provide Landlord with copies deliver promptly duplicates of all plans such permits, approvals and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment certificates to Owner and change thereto, if Tenant agrees to carry and when applicable. All of will cause Tenant's generators contractors and uninterruptible power supply equipment (but in no event including sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the primary HVAC system serving demised premises, or the Building)building of which the same forms a part, trade fixturesfor work claimed to have done for, movable partitionsor materials furnished to, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removalTenant, whether or not affixed done pursuant to this article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or attached by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the real estate date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event the owner thereof same shall be entitled removed from the premises by Tenant prior to remove the same expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any part thereof during such from the term premises or upon removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term provided hereinremaining in the premises after Tenant's removal shall be deemed abandoned and may, provided that such owner shall repair any damage caused at the election of Owner, either be retained as Owner's property or may be removed from the premises by such removalOwner at Tenant's expense. Except as otherwise provided herein, all Alterations and additions made or installed by Tenant shall remain the Property of be owned by Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionfor depreciation purposes.
Appears in 2 contracts
Samples: Lease Agreement (Blue Fish Clothing Inc), Lease Agreement (Blue Fish Clothing Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the The following conditionsprovisions govern Alterations constructed by Tenant:
(i) Tenant shall not construct any Alterations or otherwise alter the Premises without Landlord's prior approval if (a) such action results in the demolition, removal or material alteration of existing improvements or future Renovation Improvements (including partitions, wall and floor coverings, ceilings, lighting fixtures or other utility installations), and (b) the cost of such construction or alteration exceeds One Hundred Thousand Dollars ($100,000) per work of improvement (as such amount is adjusted pursuant to Paragraph 41) or if the cost of Alterations done, under construction, or for which approval is sought during any calendar quarter exceeds One Hundred Thousand Dollars ($100,000) (as such amount is adjusted pursuant to Paragraph 41). With respect to any Alterations which must be approved by Landlord pursuant to the immediately preceding sentence, Tenant shall not commence construction of such Alterations until Landlord shall have the first approved the plans and specifications therefor, which approval shall be made at deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's sole cost and expense so that the Demised Premises request for such approval. In no event shall at all times be free of liens for labor and materials supplied Tenant make any Alterations to the Demised Premises;Premises which could affect the structural integrity or the exterior design of the Building. Notwithstanding anything contained herein, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior consent.
(ii) without All Alterations requiring Landlord's approval shall be installed by Tenant in substantial compliance with the prior written approval of Landlord, approved plans and specifications therefor. All construction undertaken by Tenant shall make no Alterations (x) which are structural be done in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed accordance with all Laws and in a good and workmanlike manner and in compliance with all applicable laws and requirements using materials of governmental authorities having jurisdiction and applicable insurance requirements and good quality. Tenant shall not violate any term commence construction of any agreement Alterations until (a) all required governmental approvals and permits shall have been obtained, and (b) all requirements regarding insurance imposed by this Lease have been satisfied.
(iii) Landlord shall cause to be made available to Tenant all information maintained by Landlord or restriction Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building (and mechanical platforms on the Building roof) and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to plans for the Tenant Improvements and for Alterations. At all times during the Lease Term, (a) Tenant shall maintain and keep updated "as-built" plans for all Alterations constructed by Tenant which may or may not have required a building permit or other governmental approval, and (b) Tenant shall provide to Landlord copies of all such "as-built" plans and any and all other drawings relating to Tenant's Alterations in the Demised Premises are subject;Premises.
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any All Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof Tenant during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removalLease Term. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on so long as it repairs all damage caused by the Demised installation thereof and returns the Premises at to the end condition existing prior to the installation of such Alterations. At the expiration or sooner termination of the term shall become the property of Landlord without payment therefor by LandlordLease Term, and all Alterations that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof. Notwithstanding anything contained herein (but subject to the restrictions set forth in Paragraphs 13.B(iv)(a) and (b)), if Landlord so requires, at the expiration or earlier termination of the term of this Lease; provided howeverLease Term, if Tenant shall remove any Alterations designated for removal by Landlord, including those Alterations for which Landlord's consent was not initially required, and shall restore the Lease term ends Premises to the condition existing prior to the thirteenth installation of such Alterations only to the extent necessary to return the Premises to a condition that has substantially the same value to subsequent tenants as existed on the Commencement Date, ordinary wear and tear excepted. The following provisions shall qualify the general rule set forth in the immediately preceding sentence:
(13tha) anniversary Tenant shall remove and restore all damage caused by the removal of any specialized Alterations specifically related to the operation of Tenant's business in the Premises. To the extent Alterations made by Tenant results in a reduction in the capacity of HVAC, mechanical, electrical or plumbing systems, Tenant shall restore HVAC, mechanical, electrical and plumbing systems so that the capacity thereof is substantially the same as existed as of the Commencement Date, ordinary wear and tear excepted. If restroom "cores" and fixtures have been changed, such "cores" shall be moved to their original location and such "cores" and fixtures shall be restored to substantially the same condition as existed as of the Commencement Date, ordinary wear and tear excepted. If Tenant has made any Alterations to the structural parts of the Building (i.e., foundations, load-bearing walls, and structural roof system, but excluding roof membrane) or the floor slab, such structural parts of the Building shall be returned to the condition existing prior to the making of such Alterations by Tenant (including the filling of any pits, wellx xx trenches). If Tenant has made any Alterations to the roof membrane, the roof membrane shall be returned to the condition existing prior to the making of such Alterations by Tenant, except that Tenant shall not be obligated to restore any penetration of the roof membrane that has been made with the written approval of Landlord. The percentage of dropped ceiling for each area of the Building (office, research and development, etc.) shall be substantially the same as existed as of the Commencement Date. Any Alterations made by Tenant to the fire sprinkler system shall be restored to substantially the same condition as existed as of the Commencement Date, ordinary wear and tear excepted.
(b) Tenant shall only be required to remove Alterations for which either of the following is true, and only if such removal is otherwise required by all of the preceding provisions of this Paragraph 13.B(iv): (i) such Alterations were approved in writing by Landlord and, at the time such approval was given by Landlord, Landlord informed Tenant in writing that Landlord would require that such Alterations be removed at the termination of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any Term; or all of (ii) such Alterations from the Demised Premises, to the extent required by were installed with Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition's consent.
Appears in 2 contracts
Samples: Sublease Agreement (Wink Communications Inc), Sublease Agreement (Wink Communications Inc)
Alterations. Tenant may install tenant finishes in Other than the Demised ----------- Premises and make interior alterationsconstruction of the Project, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations which shall be made at Tenant's sole cost and expense so that governed by the Demised Premises provisions of Article III hereof, Borrowers shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the obtain Lender’s prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations consent to any portion of the exterior or elevation of the Building.
(iii) material alterations to any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approvalImprovements, which approval consent shall not be unreasonably "withheld withheld, conditioned or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditiondelayed. Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any Alterations alterations that will not have a material adverse effect on any Borrower’s financial condition, the value of the applicable Property or the Net Operating Income, provided that such alterations (a) are made in connection with tenant improvement work performed pursuant to the terms of any Lease, (b) do not materially adversely affect any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements and the aggregate cost thereof does not exceed the Alteration Threshold Amount, or (c) are performed in connection with the Restoration of a Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement. To the extent Lender’s prior written approval is required pursuant to this Section 5.1.22, Lender shall have fifteen (15) Business Days from receipt of written request and any and all reasonably required information and documentation relating thereto in which to approve or disapprove such request and such written request shall state thereon in bold letters of 14 point font or larger that action is required by Lender. If Lender fails to approve or disapprove the request within such fifteen (15) Business Days, Lender’s approval shall be deemed given. Should Lender fail to approve any such request, Lender shall give Borrowers written notice setting forth in reasonable detail the basis for such disapproval. In no event shall Lender require any “consent fee” as a condition to any required approval. If the total unpaid amounts due and payable with respect to alterations to the Improvements at any Property (other than such amounts to be paid or reimbursed by tenants under the Leases) shall at any time exceed the Alteration Threshold Amount, Borrowers shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrowers’ obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned to any Securities or any class thereof in connection with any Securitization, (D) a Letter of Credit, or (E) a completion and performance bond issued by an Approved Bank. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the Demised Premises applicable Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Alteration Threshold Amount and during the continuance of an Event of Default, Lender may apply such security from time to time at the end option of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered Lender to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of pay for such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionalterations.
Appears in 2 contracts
Samples: Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (Morgans Hotel Group Co.)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior any alterations, additional installations, modifications, substitutions, additions or improvements and decorations (collectively, "Alterations") in and to the Demised PremisesPremises without Landlord's prior written consent, subject only which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the following conditions:
(i) Premises that will not cost more than $20,000 in any Alterations shall be made at Tenant's sole cost single instance and expense so that will not have a material adverse effect on the Demised Premises shall at all times be free heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of liens for labor and materials supplied to the Demised Premises;
(ii) without Buildings or on the prior written approval structure or exterior of Landlord, the Buildings. Tenant shall make no Alterations (x) provide detailed drawings to Landlord for review and approval, which are structural in nature approval shall not be unreasonably withheld, conditioned or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Leasedelayed. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to perform any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws laws, all building codes and all requirements of governmental authorities having jurisdiction insurance policies covering the Buildings. Tenant shall promptly pay all costs and applicable insurance requirements expenses related to any such alterations, additions and improvements and shall not violate cause any term of any agreement or restriction mechanics' lien which attaches to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant interest in the Demised Premises; and
(vi) To Premises to be released promptly after Tenant receives notice of the extent not inconsistent with the requirement set forth abovesame without cost to Landlord. Subject to Section 13 below, Tenant shall not be required repair any damage to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be the Premises arising out of any such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premisesimprovements. Within a reasonable time period prior to commencing the All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as of the expiration or improvementsearlier termination of the Term, unless Tenant shall provide requests and Landlord with copies agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building)furniture, equipment, trade fixtures, movable partitions, furniture, machinery supplies and furnishings installed by Tenant or assignees, subtenants or licensees personal property located within the Premises throughout the term of Tenant this Lease shall remain the property of Tenant and may be removed from the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed Premises by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditiontime.
Appears in 2 contracts
Samples: Lease (Autologic Information International Inc), Lease (Agfa Corp)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing make any alterations, additions or improvements to the Demised Leased Premises so that Landlord shall have the right to record without Landlord’s prior written consent, and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the all alterations, additions or improvementsimprovements made by either of the parties hereto upon the Leased Premises, Tenant except movable office furniture put in at the expense of the Tenant, shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain be the property of the owner thereof Landlord and shall, at the sole option of the Landlord, remain upon and be surrendered with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Leased Premises at the end termination of this Lease, without molestation or injury, or at Landlord’s request, and at Tenant’s sole expense, the term Leased Premises shall become be restored to its original condition. Tenant shall only use contractors, which have been approved in writing by Landlord for any permitted alterations to the property of Landlord without payment therefor by LandlordLeased Premises, and shall not permit any mechanic’s liens to be surrendered to Landlord at placed or remain upon the expiration of Leased Premises, the term of this Lease; provided howeverBuilding or the Property and shall discharge same immediately in accordance with Paragraph 6(B). Tenant will not overload the electrical wiring and will not install any additional electrical wiring, computer cables or plumbing unless it has first obtained Landlord’s written consent thereto, and if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlordsuch consent is given, Tenant shall, will install same at its sole own cost and expense and will thereafter be responsible for maintaining it at Tenant’s sole cost and expense. Before commencing any improvements or alteration work in as expeditious a manner as possible remove the Leased Premises, Tenant shall require all contractors of Tenant performing such work in the Leased Premises to carry and maintain, at no expense to Landlord, any or all of the following insurance policies as determined by Landlord written by companies acceptable to Landlord: (i) commercial general liability insurance, which shall name Tenant and Landlord as additional insureds, in such Alterations from amounts as required by Landlord and with any endorsements that Landlord requires; (ii) workers’ compensation insurance in such amounts required by law and covering all persons employed by said contractor and engaged in the Demised Premises, to the extent work; (iii) [if applicable] comprehensive automobile liability insurance in such amounts as required by Landlord; and (iv) insurance against such other perils or legal risks and in such amounts as Landlord may from time to time establish. Upon Landlord’s request, Tenant further agrees shall furnish to repair Landlord duplicate original counterparts of any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionor all insurance policies required pursuant to Paragraph 11 herein above.
Appears in 2 contracts
Samples: Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.), Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.)
Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant may install tenant finishes in given the Demised ----------- Premises and make interior alterationsavailability of Landlord’s employees, additional installationsLandlord shall, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its ’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall cause its contractors be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to maintain builder's risk Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and such other if Landlord fails to carry insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed expressly required of Landlord by the State terms of California;
(v) At least fifteen (15) days prior this Lease, to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00the extent such insurance would not have covered the loss), the plans and specifications therefor Tenant shall be submitted to reimburse Landlord for Landlord's review the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and approval, which approval shall not be unreasonably "withheld or delayed provided that their respective contractors and vendors. If Tenant fails to make any repairs to the provisions Premises required of Tenant by the terms of this subparagraph Lease for more than 15 days after notice from Landlord (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant although notice shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Buildingan emergency), trade fixturesLandlord may make the repairs, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have pay the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end cost of the term shall become the property of Landlord without payment therefor by Landlordrepairs, and shall be surrendered together with a reasonable administrative charge not to Landlord at the expiration exceed to 10% of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary cost of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionrepairs.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)
Alterations. The Tenant may install tenant finishes will take into consideration any impact on the Environmental Performance of the Premises from any proposed works to or at the Premises. This Schedule 7 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the Demised ----------- Premises case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent and make interior alterationsother sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at [five yearly] intervals and otherwise on the same terms as in Schedule 2; and85 for change of use and alterations corresponding to those in this Lease; in the case of an Underlease of a Permitted Part, containing provisions requiring the Undertenant to pay by way of a yearly service charge as additional installations, modifications, substitutions, improvements rent a fair and decorations (collectively, "Alterations") reasonable proportion of the costs incurred by the Tenant in and providing all services to the Demised PremisesPremises that would be usual on an underletting of part, subject only including the payment of quarterly advance payments and a balancing payment at the end of each service charge year; containing a covenant by the Undertenant not to assign the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that whole of the Demised Underlet Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure consent86 of the Demised Landlord and the Tenant on terms corresponding to those in this Lease and a covenant not to assign part only of the Underlet Premises; [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written approval of Landlord, Tenant shall make no Alterations to any portion consent of the exterior or elevation Landlord and the Tenant and a covenant by the Undertenant not to create any Sub-Underlease of any part of the Building.
(iii) any Alterations shall be performed in Underlet Premises] OR [containing a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed covenant by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as Undertenant not to reduce the value or utility create any Sub-Underlease of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same whole or any part thereof during the term or at the end of the term provided hereinUnderlet Premises without the prior written consent of the Landlord and the Tenant];87 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right Undertenant and not to remove assign part of the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations Sub-Underlet Premises; an absolute prohibition on the Demised Premises at creation of further underleases of whole or part [except where the end Sub-Underlease is of the term shall become whole of the property Premises when the Sub-Underlease may contain provisions permitting the creation of Landlord without payment therefor by one further underlease of whole with the prior consent of the Landlord, the Tenant and shall the Undertenant but with the additional provision that no underleases of whole or part will be surrendered to Landlord at created out of that further underlease];] if the expiration Underlease is excluded from the security of tenure provisions of the term 1954 Act, containing any other provisions that are reasonable in the context of the terms of this Lease and the nature of the proposed Underlease; and if the Underlease is not excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in this Lease; provided however, if “Approved Undertenant”88 a person approved by the Lease term ends prior Landlord and who has entered into a direct deed with the Landlord agreeing: to comply with the thirteenth (13th) anniversary terms of the Lease Commencement DateApproved Underlease; and to procure that any proposed assignee of the Underlet Premises enters into a direct deed in the same terms as set out in this definition of Approved Undertenant; [“Permitted Part” any part of the Premises that the Landlord approves; any of the following: a whole floor of the Premises; [or] two or more adjoining whole floors of the Premises; [or] [part of a floor of the Premises [if underlet with an adjoining whole floor]] in each case having independent means of access, if so requested by Landlordfor general access and for servicing, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised public highway or from those parts of the Premises approved by the Landlord as common parts for the use and enjoyment of the Tenant and any permitted undertenants of the Underlet Premises, to the extent required by Landlord. Tenant further agrees to repair ;] “Sub-Underlease” any damage resulting therefrom and leave the Demised Premises in sub-underlease created out of an Underlease; “Sub-Undertenant” any tenant under a commercially reasonable condition.Sub-Underlease;
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Alterations. Tenant shall not make any Alterations without obtaining Landlord’s prior written consent, except that Tenant may install tenant finishes make interior, non-structural Alterations without such consent upon at least fifteen (15) days’ prior notice to Landlord, provided that the cost thereof does not exceed an aggregate amount of Fifty Thousand and 00/100 Dollars ($50,000.00) annually. Any Alterations requiring Landlord’s consent shall be presented to Landlord in the Demised ----------- Premises written form with detailed plans. In connection with any Alterations, Tenant shall, at Tenant’s sole cost and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
expense: (i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at acquire all times be free of liens for labor and materials supplied to the Demised Premises;
applicable governmental permits; (ii) without furnish Landlord with copies of both the prior written approval of Landlord, Tenant shall make no Alterations permits and the plans and specifications at least fifteen (x15) which are structural in nature or adversely affect in any way days before the structure commencement of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additionwork, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any comply with all conditions of said permits in a prompt and expeditious manner and (iv) secure full and final waivers of all liens affecting the Premises. All Alterations shall be performed in a workmanlike manner with good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term sufficient materials. Upon completion of any agreement or restriction to which the Demised Premises are subject;
(iv) TenantAlterations, Tenant shall, at its Tenant’s sole cost and expense, shall cause its contractors to maintain builder's risk insurance promptly upon completion, furnish Landlord with a reproducible copy of as-built drawings and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained specifications for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations. Any Tenant Work for any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted done at Tenant’s sole cost and expense in accordance with all Laws and in a good and workmanlike manner. Landlord shall cooperate at no out of pocket cost to Landlord for Landlord's review in securing any necessary permits and approval, which approval shall not be unreasonably "withheld or delayed provided that approvals with respect to the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations. All Alterations which are a subtenant's initial tenant improvements. Any Alteration may be made on the Premises shall, when completed, be of such character as not to reduce at the value expiration or utility termination of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such AlterationTerm, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall remain upon and be surrendered to with the Premises. Tenant shall reimburse Landlord at the expiration for its reasonable, actual out-of-pocket costs incurred in connection with its review of the term plans, specifications and other materials for any Alterations made by Tenant within ten (10) days of this Lease; provided however, if the Lease term ends prior Tenant’s receipt of an invoice for such costs from Landlord. Notwithstanding anything to the thirteenth contrary in the Lease, in no event shall Landlord take possession, custody or control of any regulated property or assets of Tenant that would require Landlord to be authorized to do so under the Act, unless Landlord is actually authorized to do so or, in the alternative, so appoints a third party designee or assignee (13thactually authorized and so confirmed by the Regulator) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of to enforce such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionrights hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)
Alterations. During the Term, Tenant may install tenant finishes in shall have the Demised ----------- Premises right, at its discretion and its sole cost, without Landlord's consent, to make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations alterations or modifications to the interior of the Building necessary or desirable in order to bring the Premises into conformity with Tenant's then-current prototype for similarly sized stores (provided same complies with the regulations of the City of Chico and does not affect the structural integrity of the Building) and (ii) any interior non-structural alterations or modifications it may desire. With Landlord's consent, which shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right, at its sole cost, to alter, modify or reconstruct the exterior and/or structure of the Building or Other Improvements. Landlord's withholding of consent as to any exterior and/or structural alteration or modification shall be deemed reasonable only if same is materially inconsistent with the then-existing architecture of the Shopping Center or if such alteration or modification would increase the ground floor gross leasable square footage of the Building, add an additional story to the Building, result in the Building extending higher than thirty (30) feet above the ground, adversely affect the structural integrity of the Building or if Landlord's Mortgagee's consent is required to the alteration and if such Mortgagee fails or refuses to grant such approval. Tenant shall cause all such alterations to be lien-free (in accordance with paragraph 13) and made and completed at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws law. Should Landlord's consent be required, conceptual plans and requirements of governmental authorities having jurisdiction and applicable insurance requirements and specifications for such work shall not violate any term be provided to Landlord prior to commencement of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work. Landlord shall be deemed to have consented to such work if written notice of disapproval, all with insurers licensed reasons specified, is not received by the State of California;
(v) At least Tenant within fifteen (15) business days prior to following Tenant's commencement delivery of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the such plans and specifications therefor to Landlord. Without cost or expense to Landlord, Landlord shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant cooperate with Tenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth aboveobtaining of any and all licenses, Tenant shall not building permits, certificates of occupancy or other governmental approvals which may be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition modifications or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlordalterations, and Landlord shall be surrendered to Landlord at the expiration of the term of this Lease; provided howeverexecute, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost acknowledge and expense and deliver any documents reasonably required in as expeditious a manner as possible remove any or all furtherance of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionpurposes.
Appears in 2 contracts
Samples: Lease (Basic Us Reit Inc), Lease (Basic Us Reit Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall not make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good alterations and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior additions to Tenant's commencement of any Alterations costing ’s Premises except in excess of One Million Dollars ($1,000,000.00), the accordance with plans and specifications therefor shall be submitted to Landlord for first approved by Landlord's review and approval, which approval shall not be unreasonably "withheld withheld. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or delayed provided improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion would reasonably be expected to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the provisions Rentable Floor Area of the Premises, or (e) are inconsistent in any material respect, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this subparagraph Lease with respect to Tenant’s insurance obligations (vherein called “Insurance Requirements”) shall not apply nor deemed a waiver of Tenant’s obligations under this Lease with respect to initial tenant improvements needed applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent completeness, design sufficiency or compliance of such plans, specifications and work with the requirement set forth aboveapplicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord (together with reasonable supporting back up documentation), Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by senior staff, and $100 per hour for time spent by junior staff, plus (ii) reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to obtain Landlord's consent comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to Alterations provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations hereunder (which are shall be applied in a subtenant's initial tenant improvementsnon-discriminatory manner) and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Any Alteration Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, when completed, be of such character as not to reduce the value or utility at any time after commencement of the Demised Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to which such Alteration is made below its value or utility the extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 given ten (10) days prior to commencing the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Demised Premises so that Landlord where:
(a) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no signs on windows);
(b) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building;
(c) with the exception of painting and carpeting (which shall have not be subject to the right to record dollar limits set forth in this subsection (iii)), the cost of any individual alteration, addition or improvement shall not exceed $30,000.00 and post notices the aggregate cost of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the said alterations, additions or improvementsimprovements made by Tenant during the Lease Term shall not exceed $200,000.00 in cost; and
(d) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall provide pay for any such increase in cost; provided, however, that Tenant shall, within thirty (30) days after the making of such changes, send to Landlord with copies of all plans and specifications prepared describing the same in connection with any such alterationreasonable detail and provided further that Landlord, addition by notice to Tenant given at least thirty (30) days prior to the expiration or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property earlier termination of the owner thereof with Lease Term, may require Tenant to restore the right Premises to its condition prior to construction of removal, whether or not affixed such improvements (reasonable wear and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord tear excepted) at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary or earlier termination of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionTerm.
Appears in 2 contracts
Samples: Lease Agreement (Care.com Inc), Lease Agreement (Care.com Inc)
Alterations. Tenant may install tenant finishes shall not permit alterations in or to the Demised ----------- Leased Premises unless and until the plans have been approved by Landlord in writing with the exception of alterations or improvements not exceeding Ten Thousand Dollars ($10,000.00) which are not visible from outside the Leased Premises and make interior alterationswhich do not affect the structure, additional installationsmechanical systems or electrical systems of the Building. In situations where Landlord’s prior approval is not so required, modificationsTenant shall promptly notify Landlord with respect to such alterations and furnish Landlord with architectural drawings regarding same. As a condition of such approval (or with respect to any alterations made hereunder without Landlord’s approval), substitutionsLandlord may require Tenant to remove the alterations (Landlord and Tenant shall expressly agree on which party shall be responsible for removal of the alteration in writing, improvements at the time such approval is given to Tenant by Landlord or, with respect to alterations not requiring Landlord’s approval, within a reasonable time following Landlord’s receipt of Tenant’s notice) and decorations (collectivelyrestore the Leased Premises upon termination of this Lease; otherwise, "Alterations") in all such alterations shall at Landlord’s option become a part of the realty and to the Demised Premisesproperty of Landlord, subject only to the following conditions:
(i) any Alterations and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made at Tenant's sole cost in accordance with all applicable laws, regulations and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordbuilding codes, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and of quality equal to or better than the 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 nothing in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and this Lease shall not violate any term be construed to constitute a consent by Landlord to the creation of any agreement lien. If any lien is filed against the Leased Premises for work claimed to have been done for or restriction material claimed to which the Demised Premises are subject;
(iv) have been furnished to Tenant or any subtenant of Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not cause such lien to be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be discharged of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementrecord within thirty (30) days after filing. Tenant shall notify indemnify Landlord in writing 30 days prior to commencing any alterationsfrom all costs, additions or improvements to the Demised Premises so that Landlord shall have the right to record losses, expenses and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared attorneys’ fees in connection with any such alteration, addition construction or improvement, as well as copies of each material amendment alteration and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionrelated lien.
Appears in 2 contracts
Samples: Lease Agreement (Interface Security Systems, L.L.C.), Lease Agreement (Interface Security Systems Holdings Inc)
Alterations. Construction by Tenant may install tenant finishes in of Alterations shall be governed by the Demised ----------- Premises and make interior alterationsfollowing:
A. Except as set forth below, additional installationsTenant shall not construct any Tenant Alterations or otherwise alter, modificationsimprove, substitutionsmodify, improvements and decorations (collectively, "Alterations") in and or perform any work of improvement to the Demised PremisesPremises without Landlord's prior written approval. However, subject only Tenant shall be entitled, without Landlord's prior approval, to the following conditions:
make Tenant Alterations (i) which do not affect the structural or exterior parts or water tight character of the Building, and (ii) the reasonably estimated cost of which, plus the original cost of any part of the Premises removed or materially altered in connection with such Tenant Alterations, together do not exceed the Permitted Tenant Alterations Limit per work of improvement. In the event Landlord's approval for any Tenant Alterations is required, Tenant shall not construct the Tenant Alterations until Landlord has approved in writing the plans and specifications therefor. Such Tenant Alterations shall be made at Tenantconstructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant Alterations (whether Landlord's sole cost consent is required or not) shall be constructed by a licensed contractor in accordance with all Laws (including the ADA) using new materials of good quality.
B. Tenant shall not commence construction of any Tenant Alterations until (i) all required governmental approvals and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
permits have been obtained, (ii) without the all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least five days' prior written approval notice of its intention to commence such construction, and (iv) if requested by Landlord, Tenant has obtained contingent liability and broad form builders' risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to the Lease.
C. All Tenant Alterations shall make no Alterations (x) which are structural in nature remain the property of Tenant during the Lease Term but shall not be altered or adversely affect in any way removed from the structure Premises except with Landlord's advance written permission. At the expiration or sooner termination of the Demised Premises; Lease Term, all Tenant Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior value or elevation cost thereof; provided, however, that if Landlord requires Tenant to remove any Tenant Alterations, Tenant shall so remove such Tenant Alterations prior to the expiration or sooner termination of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which Lease Term. Notwithstanding the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth aboveforegoing, Tenant shall not be required obligated to remove any Tenant Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shallapproval, when completed, be Tenant requested of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices inform Tenant of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled Landlord would require Tenant to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord Leasehold Improvement at the expiration of the term of this LeaseLease Term; provided howeverand (iii) at the time Landlord granted its approval, if it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the Lease term ends prior to the thirteenth (13th) anniversary expiration of the Lease Commencement DateTerm.
D. Landlord's consent to the construction of Tenant Alterations may be withheld in Landlord's sole discretion. Landlord's consent to construction of Tenant Alterations and Landlord's approval of plans and specifications for Tenant Alterations shall not create any responsibility or liability on Landlord's part in regard to the completeness, if so requested by Landlordcompetency, Tenant shalldesign sufficiency, at its sole cost and expense and in as expeditious a manner as possible remove any or all compliance with Law of such Tenant Alterations from or the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom plans and leave the Demised Premises in a commercially reasonable conditionspecifications therefor.
Appears in 2 contracts
Samples: Lease (Harmonic Inc), Lease (Harmonic Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural changes in or to demised premises of any nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the Owner's prior written approval consent. Subject to prior written consent of Landlord, Tenant shall make no Alterations Owner and to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth abovearticles, Tenant shall not be required to obtain Landlordat Tenant's consent to Alterations expense, may make alterations, installations, additions or improvement which are a subtenant's initial tenant improvementsnonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of demised premises by using contractors or mechanics first approved by Owner. Any Alteration Tenant shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing making any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterationsinstallations, additions or improvementsimprovement, Tenant at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall provide Landlord with copies deliver promptly duplicates of all plans such permits, approvals and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment certificates to Owner and change thereto, if Tenant agrees to carry and when applicable. All of will cause Tenant's generators contractors and uninterruptible power supply equipment (but in no event including sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the primary HVAC system serving demised premises, or the Building)building of which the same forms a part, trade fixturesfor work claimed to have done for, movable partitionsor materials furnished to, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removalTenant, whether or not affixed done pursuant to this article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, bu filling the bond required by law. All fixtures and all paneling, partitions, railing and installations, installed in the premises at any times, either by Tenant or attached by Owner in Tenant's behalf, shall, upon installations, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later then twenty days prior to the real estate date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the owner thereof same shall be entitled removed from the premises by Tenant prior to remove the same expirations of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveables office furniture and equipment, but upon removal of any part thereof during such from the term premises or upon removal of other installations as may be requires by Owner. Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior ro installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term provided hereinremaining in the premises after Tenant's removal shall be deemed abandoned and may, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end election of the term shall become the Owner, either be retained as Owner's property of Landlord without payment therefor by Landlord, and shall or may be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations removed from the Demised Premises, to the extent required premises by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionOwner at Tenant's expense.
Appears in 2 contracts
Samples: Lease Agreement (Learners World Inc), Lease Agreement (Learners World Inc)
Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", and except for Permitted Changes, Tenant may install tenant finishes shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Without Landlord's prior consent, Tenant shall be entitled to make nonstructural alterations and additions which (i) do not adversely affect the plumbing, heating, air conditioning, ventilation, electrical, mechanical and life safety systems of the Demised Premises and the Building (ii) do not materially reduce the overall quality of the leasehold improvements in the Demised ----------- Premises and make interior alterationsbelow the average level of quality typically found in first-class office buildings in the Buckhead area of Atlanta, additional installations, modifications, substitutions, improvements and decorations Georgia (collectively, "Alterations"iii) are not visible from the exterior of the Building (due to unusual lighting of such alterations or additions in and close proximity to the Demised PremisesBuilding's exterior windows), subject only to and (iv) do not involve a Non-Standard Alteration ("Permitted Changes"). Other than the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of LandlordPermitted Changes, Tenant shall make no Alterations (x) which are structural in nature alterations in, or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additionadditions to, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenantwithout first obtaining, at its sole cost and expensein writing, shall cause its contractors to maintain builderLandlord's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained consent for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approvalalterations or additions, which approval consent shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvementsconditioned. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that consented to by Landlord, except for Permitted Changes shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within reimburse Landlord for all costs thereof (including a reasonable time period prior to commencing the charge for Landlord's overhead), as Rent, within twenty (20) days after receipt of a statement. All such alterations, additions and improvements shall become Landlord's property at the expiration or improvements, Tenant shall provide Landlord with copies earlier termination of all plans the Lease Term and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant, to be given, if at all, at the end of the term shall become the property of time Landlord without payment therefor by Landlordconsents to such alterations, additions and shall be surrendered improvements, to Landlord at the expiration of the term of this Lease; provided howeverhave Tenant remove such alterations, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Dateadditions and improvements, if so requested by Landlordin which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shallshall promptly restore, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premisesexpense, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionto its condition prior to the installation of such alterations, additions and improvements, normal wear and tear excepted.
Appears in 2 contracts
Samples: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing make any alterations, additions or improvements to the Demised Premises so (collectively, the “Alterations”) without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed), except for (a) the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises and (b) Alterations that are cosmetic in nature and do not affect the Building’s Structure or any Building’s System, do not require permits, and are anticipated to cost less than $25,000 (“Permitted Alterations”). Tenant shall furnish complete plans and specifications to Landlord shall have for its approval at the right time Tenant requests Landlord’s consent to record any Alterations. Subsequent to obtaining Landlord’s consent and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing commencement of the alterations, additions or improvementsAlterations, Tenant shall provide deliver to Landlord with copies any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall give written notice to Landlord at least ten (10) Business Days prior to beginning any construction, and Landlord may post on and about the Premises or the Project notices of non-responsibility pursuant to applicable Laws. Tenant shall reimburse Landlord within thirty (30) days after the rendition of a xxxx for all plans and specifications prepared of Landlord’s actual out-of-pocket costs incurred in connection with any such alterationAlterations, addition including all management, engineering, outside consulting and construction fees incurred by or improvement, as well as copies on behalf of each material amendment Landlord for the review and change thereto, if and when applicable. All approval of Tenant's generators ’s plans and uninterruptible power supply equipment specifications and for the monitoring of construction of the Alterations not to exceed three percent (but in no event including 3%) of the primary HVAC system serving hard costs of such Alterations. If Landlord consents to the Building)making of any Alteration, trade fixtures, movable partitions, furniture, machinery and furnishings installed such Alteration shall be made by Tenant or assigneesat Tenant’s sole cost and expense by a contractor reasonably approved in writing by Landlord. Without Landlord’s prior written consent, subtenants or licensees of Tenant shall remain the property not use any portion of the owner thereof Common Areas in connection with the right making of removal, whether or not affixed and or attached any Alterations. If the Alterations which Tenant causes to the real estate and the owner thereof shall be entitled constructed result in Landlord being required to remove the same or make any part thereof during the term or at the end alterations and/or improvements to other portions of the term provided hereinProject in order to comply with any applicable Laws, provided that then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such owner shall repair any damage caused by such removalalterations and/or improvements. Except as otherwise provided herein, all Any Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, upon installation and shall remain on and be surrendered to Landlord at with the Premises upon the expiration of the term or sooner termination of this Lease; provided however, if unless Landlord requires the Lease term ends prior removal of such Alterations. Notwithstanding the foregoing, upon Tenant’s written request at the time it seeks Landlord’s consent to an Alteration, Landlord agrees to indicate in writing whether it will require such Alteration to be removed upon the thirteenth (13th) anniversary expiration or earlier termination of the Lease Commencement Date, if so requested by LandlordLease. If Landlord requires the removal of such Alterations, Tenant shall, shall at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premisesexpense, prior to the extent required Expiration Date or the last day of the Renewal Term (as defined in Exhibit G), as the case may be, or earlier termination of this Lease, remove all or any portion of any Alterations made by Landlord. Tenant further agrees which are designated by Landlord to be removed and repair any damage resulting therefrom and leave restore the Demised Premises in a commercially good and workmanlike manner to their original condition, reasonable conditionwear and tear excepted (collectively, the “Removal and Restoration Work”); provided, however, at Landlord’s election, in lieu of having Tenant perform the Removal and Restoration Work, Tenant shall pay Landlord, within five (5) days following Landlord’s demand, an amount equal to the actual out-of-pocket cost of performing the Removal and Restoration Work, and Landlord shall have the right (but not the obligation) to perform such work on Tenant’s behalf. All construction work done by Tenant within the Premises shall be performed in accordance with all Laws, in a good and workmanlike manner with new materials of first-class quality, lien-free, and in such manner as to cause a minimum of interference with the transaction of business at the Project. All work which may affect the Building’s Structure or the Building’s Systems, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Project must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce the warranty on the roof. In all events, Tenant shall be required to use union labor in connection with any initial improvements and all Alterations. Tenant agrees to indemnify, defend and hold Landlord, its Affiliates, Harvest Properties, Inc. (“Harvest”), Cerberus Real Estate Capital Management, LLC, a Delaware limited liability company (“Cerberus”), and Landlord’s Property Manager, and their respective officers, directors, partners, members, shareholders, employees and agents (collectively, the “Indemnitees”) harmless against any loss, liability or damage resulting from such work performed by or at the request of Tenant (except for the Work), and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (i) plenum rated and/or have a composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (ii) labeled every 3 meters with Tenant’s name and origination and destination points; (iii) installed in accordance with all EIA/TIA standards and the National Electric Code; and (iv) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may reasonably request. The routing plan shall be available to Landlord and its agents at the Project upon request.
Appears in 2 contracts
Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations Borrower shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the obtain Lender’s prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approvalconsent, which approval consent shall not be unreasonably "withheld or delayed provided delayed, to any alterations to the Improvements, the cost of which is reasonably anticipated to exceed $3,500,000 (the “Threshold Amount”) or that will have a material adverse effect on Borrower’s financial condition, the use, operation or value of the Property or the Net Operating Income with respect to the Property, other than (a) tenant improvement work performed pursuant to the terms of any Existing Lease, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease executed after the date hereof and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (it being understood that the foregoing provision shall not require Lender’s consent to tenants’ exterior signage pursuant to any Lease approved by Lender in accordance with the terms and provisions of this subparagraph Agreement) or (vc) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared alterations performed in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property restoration of the owner thereof Property after the occurrence of a Casualty or Condemnation in accordance with the right terms and provisions of removalthis Agreement (“Excluded Costs”). If Lender fails to respond to a request for consent under this Section 5.4.2 within ten (10) Business Days of receipt thereof, whether or not affixed and or attached to the real estate and the owner thereof such consent shall be entitled to remove the same or any part thereof during the term or at the end of the term provided hereindeemed granted, provided that such owner request shall repair any damage caused have been accompanied by all information reasonably requested by Lender or reasonably necessary for Lender to evaluate such removalrequest and shall have clearly stated, in 14 point type or greater, that if Lender fails to respond to such request within ten (10) Business Days, Lender’s consent shall be deemed to have been granted. Except as otherwise provided hereinIf Lender refuses to grant such consent, all Alterations made Lender shall specify in writing the reasons for such refusal. Any approval by Lender of the plans, specifications or installed by Tenant shall remain working drawings for alterations of the Property shall not create responsibility or liability on behalf of Tenant Lender for their completeness, design, sufficiency or their compliance with applicable laws. Lender may condition any such approval upon receipt of a certificate of compliance with applicable laws from an independent architect, engineer, or other Person reasonably acceptable to Lender. If the total unpaid amounts due and Tenant payable with respect to alterations to the Improvements (other than such amounts to be paid or reimbursed by tenants under the Leases or paid from accounts established hereunder or Excluded Costs) shall have the right to remove the Alterations at any time during exceed the term hereof provided Tenant Threshold Amount, Borrower shall repair promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become following: (1) cash, (2) U.S. Treasury securities, (3) other securities having a rating acceptable to Lender and with respect to which the property applicable Rating Agencies have delivered a Rating Comfort Letter (if required pursuant to a Pooling and Servicing Agreement from and after the occurrence of Landlord without payment therefor by Landlorda Securitization), and or (4) a Letter of Credit. Such security shall be surrendered in an amount equal to Landlord at the expiration excess of the term of this Lease; provided however, if the Lease term ends prior total unpaid amounts with respect to alterations to the thirteenth Improvements (13thother than such amounts to be paid or reimbursed by tenants under the Leases or from accounts established hereunder or Excluded Costs) anniversary over the Threshold Amount. Upon completion of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, alterations to the extent required by Landlord. Tenant further agrees satisfaction of Lender in its reasonable discretion Lender shall promptly return to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionBorrower such additional security.
Appears in 2 contracts
Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Alterations. Tenant may install tenant finishes in shall not make any alteration, addition or ----------- improvement in, to or upon the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "AlterationsAlteration") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval consent of LandlordLandlord in each instance, Tenant which consent shall make no not be unreasonably withheld with respect to proposed Alterations which (xi) which are not structural in nature or adversely nature, (ii) do not affect the Base Building Components, (iii) are, in any way Landlord's opinion, compatible with the structure Building and the balance of the Demised Premises; or Real Property and the Building's mechanical, plumbing, electrical, heating/ventilation/air conditioning, communication, security and fire and other life safety systems (ycollectively, the "Building Systems"), and (iv) which adversely affect or could render void or invalidate in Landlord's opinion will not interfere with the use and occupancy of any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any other portion of the exterior Building or elevation the Real Property by any other tenant or permitted occupant thereof. Tenant shall give Landlord not less than ten (10) days' prior written notice of the Building.
(iii) any Alteration Tenant desires to make. Any Alterations as to which Landlord shall consent shall be performed made only by contractors approved in a good and workmanlike manner and advance, in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed writing by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld withheld; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform any work relating to or delayed provided that affecting the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises Building Systems or the Base Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementComponents. Tenant shall notify comply with all Legal Requirements applicable to each Alteration and shall deliver to Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices a complete set of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all "as built" plans and specifications prepared for each Alteration. Any work to the balance of the Building or Real Property related to or affected or triggered by Tenant's Alterations shall be performed by Tenant at Tenant's expense (or, at Landlord's election, Landlord may perform such work at Tenant's expense). Tenant shall be solely responsible for maintenance and repair of all Alterations made by Tenant. Tenant shall pay Landlord on demand (whether prior to or during the course of construction) an amount (the "Alteration Fee") equal to five percent (5%) of the total cost of each Alteration (and for purposes of calculating the Alteration Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) as compensation to Landlord for miscellaneous costs incurred by Landlord in connection with any such alterationthe Alteration. In addition, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment Xxxxxx shall reimburse Landlord for all third party fees paid by Landlord in connection with reviewing the proposed Alterations (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed the proposed Alterations are ultimately approved by Landlord or made by Xxxxxx), including, without limitation, Xxxxxxxx's architectural and or attached to the real estate and the owner thereof engineering fees. All Alterations shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant performed diligently and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall be surrendered comply with Landlord's construction procedures and requirements for the Building (including Landlord's reasonable requirements relating to Landlord at the expiration insurance and contractor qualifications and scheduling of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionwork).
Appears in 2 contracts
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
Except for non-structural Alterations that (i) any Alterations shall be made at Tenant's sole cost and expense so that do not exceed $40,000 in the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require irreparable penetrations into the floor, ceiling or walls, (v) do not require work within the walls, below the floor or above the ceiling, (vi) do not require a permit and (vii) do not require a roof penetration, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of Landlordany contractor or subcontractor, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations the Alteration shall be performed constructed with new materials, in a good and workmanlike manner manner, and in compliance with all applicable laws Laws and requirements of governmental authorities having jurisdiction the plans and applicable insurance requirements specifications delivered to, and, if required above, approved by Landlord, and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant shall reimburse to Landlord all costs and expenses incurred in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary. Upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction, it being agreed that no additional security is required for Tenant’s Initial Alterations described below. Any Alteration by or on behalf of Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall, at Landlord’s option, either remain on the Premises and become the property of Landlord or be removed by Tenant, in which event Tenant will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to any Alterations being performed by, for, or on behalf of, Tenant, Landlord will notify Tenant in writing whether Tenant is required to remove the specific Alteration(s) at the expiration or termination of this Lease. Tenant may install its sole cost trade fixtures, furniture and expenseequipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Premises, any Building System or any other equipment or facilities serving the Building or any occupant. Notwithstanding any provision of this Lease to the contrary, Tenant shall not make or cause to be made any roof penetration on the Premises which would affect the roof warranty, and Tenant shall not make or cause to be made any roof penetration without use of Landlord’s designated roof contractor. Notwithstanding the foregoing, Landlord approves Tenant’s plans of initial alterations, as depicted on the floor plan attached hereto as Exhibit F (the “Initial Alterations”) and Tenant’s use of Iron Construction as the general contractor; provided, however, Tenant shall obtain and comply with all permits and approvals necessary for the Initial Alterations and Tenant shall construct the Initial Alterations substantially in compliance with the plans attached hereto as Exhibit F. Tenant’s Initial Alterations shall be performed pursuant to this Section 12. Landlord also approves Tenant’s intention to convert the unfinished warehouse/storage area located in the Building to improved office space, at a later date during the Term, if at all; provided, however, (i) Tenant shall be required to obtain Landlord’s prior written consent to plans for such conversion, which consent shall not be unreasonably withheld, conditioned or delayed, (ii) Tenant shall obtain and comply with all permits and approvals necessary for such conversion, and (iii) Tenant shall make the conversion in compliance with the plans therefor converting the warehouse space into office space with similar characteristics as the existing office space, with such plans reasonably approved by Landlord (the “Warehouse Conversion”). Upon the delivery of (i) evidence of the completion of the Warehouse Conversion evidenced by proof of the final inspection and approval of the Warehouse Conversion by the appropriate governmental agency of the City of Sunnyvale, California and (ii) delivery of final lien waivers from all contractors and suppliers of materials for the Warehouse Conversion, Landlord shall, within thirty (30) days of receipt thereof, deliver to Tenant one hundred thousand dollars ($100,000.00) (the “Allowance”) to reimburse Tenant for its contractors to maintain builder's risk insurance and such other insurance third party out-of-pocket costs (including, without limitation, workers compensation insurancegovernmental permit fees) as is then customarily maintained incurred for such work, the Warehouse Conversion. Any and all with insurers licensed costs incurred by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing Tenant in excess of One Million Dollars the Allowance are Xxxxxx’s obligation. If Landlord fails to deliver the Allowance to Tenant within thirty ($1,000,000.00)30) days of Tenant’s separate written demand therefore, the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent along with the requirement set forth aboveforegoing required documentation, and provided Landlord has not notified Tenant shall not be required of any objection to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises Allowance submittal invoices or the Building to which such Alteration is made below its value foregoing required documentation or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change dispute relating thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and then Tenant shall have the right to remove offset such unpaid amount against Tenant’s obligation to pay Rent until the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises Allowance is exhausted in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionfull.
Appears in 2 contracts
Samples: Lease (JFrog LTD), Lease Agreement (JFrog LTD)
Alterations. Tenant shall be permitted to make, at its sole cost and expense, non-structural alterations and additions to the interior of the Premises without obtaining Landlord’s prior written consent, provided said alterations are not part of Tenant’s Wi-Fi Network (defined hereinbelow), do not affect the Building systems and the cost of such alterations does not exceed Fifty Thousand Dollars ($50,000) each job and One Hundred Thousand Dollars ($100,000) cumulatively each calendar year (the “Permitted Improvements”). Tenant, however, shall first notify Landlord of such Permitted Improvements so that Landlord may post a Notice of Non-Responsibility on the Premises. Except for the Permitted Improvements, Tenant shall neither install tenant finishes in the Demised ----------- Premises any signs, fixtures, or improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "“Alterations"”) in and to the Demised PremisesPremises without the prior written consent of Landlord, subject only which consent shall not be unreasonably withheld so long as any such Alteration does not affect the Building systems, structural integrity or structural components of the Premises or Building. If any such Alteration is expressly permitted by Landlord, Tenant shall deliver at least ten (10) days prior written notice to Landlord, from the following conditions:
date Tenant commences construction, sufficient to enable Landlord to post and record a Notice of Non-Responsibility. Tenant shall obtain all permits or other governmental approvals prior to commencing any work and deliver a copy of same to Landlord. All Alterations shall be (i) any Alterations shall be made at Tenant's ’s sole cost and expense so that the Demised Premises in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be installed by a licensed, insured (and bonded, at Landlord’s option) contractor (reasonably approved by Landlord) in compliance with all times be free of liens for labor applicable Laws, Development Documents, Recorded Matters, and materials supplied to the Demised Premises;
Rules and Regulations and (ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in so as not to obstruct access to any portion of the Project or any business of Landlord or any other tenant. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall neither create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all applicable laws any Laws. As Additional Rent, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and requirements reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to five percent (5%) of governmental authorities having jurisdiction and applicable insurance requirements and the total cost of the Alterations. If Tenant makes any Alterations, Tenant shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenantcarry “Builder’s All Risk” insurance, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance in an amount approved by Landlord and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for Landlord may require. All such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions insured by Tenant in accordance with Section 12 of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord Lease immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementupon completion. Tenant shall notify Landlord in writing 30 days keep the Premises and the Lot on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to commencing any alterationsAlterations, additions or improvements (a) cause its contractor(s) and/or major subcontractor(s) to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, insurance as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor reasonably required by Landlord, and (b) provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds (for projects estimated to cost in excess of $150,000) as Landlord shall be surrendered require to Landlord at the expiration assure payment of the term of this Lease; provided howevercosts thereof to protect Landlord and the Project from and against any mechanic’s, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any materialmen’s or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionother liens.
Appears in 2 contracts
Samples: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations alterations, installations, changes or additions in or to the Premises or the Project (xcollectively, “Alterations”) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the Landlord's prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and consent; provided that such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall consent may not be unreasonably "withheld withheld, conditioned or delayed if the Alterations are reasonably necessary for the Tenant’s business and are within the general scope of the Tenant Improvements; provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth abovefurther, however, Tenant shall not be required to obtain Landlord's ’s consent for any cosmetic alterations, installations, changes or additions in or to Alterations which the Premises that (a) do not impact the structural, mechanical, electrical, plumbing, fire/life safety or heating, ventilation and air conditioning systems of the Project, (b) are not visible from the outside of the interior of the Premises, (c) do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) in the aggregate in any one (1) Lease Year, and (d) do not require a subtenant's initial tenant improvementspermit (“Minor Alterations”). Any Alteration shallAlterations approved by Landlord must be performed in accordance with the terms hereof, when completedusing only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below prepared and submitted by Tenant at its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementsole cost and expense. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense obtain all necessary third-party approvals and permits pertaining to any Alterations approved by Landlord or any Minor Alterations. Tenant shall cause all Alterations and Minor Alterations to be performed in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in as expeditious conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a manner as possible remove commencement date therefor, Tenant shall not commence any or all of work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from the Demised Premisesall liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the extent required Premises by Landlord. or at the request of Tenant further agrees to repair in connection with any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionAlterations or any Minor Alterations.
Appears in 2 contracts
Samples: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)
Alterations. Tenant may install tenant finishes shall not demolish, replace or alter the structural portions of the Building, or make any addition thereto or expansion thereof, or materially alter the roof or exterior of the Building, without the Landlord’s prior written consent (such consent not to be unreasonably withheld, conditioned or delayed (a “Material Alteration”). In the event of any Material Alteration or Work (as defined below) costing more than One Hundred Thousand and No/100 Dollars ($100,000.00) in a calendar year period, Tenant shall provide Landlord with advance written notice thereof and Landlord shall have twenty (20) days from receipt of such notice to deliver notice to Tenant (a “Removal Notice”) of its election to require Tenant to, at the Demised ----------- expiration of the Lease Term, restore the Premises and make interior to the condition existing prior to such Work or Material Alteration. If Tenant desires to undertake any such alterations which require Landlord’s consent, it shall notify Landlord in writing of the proposed alterations, additional installations, modifications, substitutions, improvements which notice shall include copies of the plans and decorations specifications relating thereto and Landlord agrees to exercise commercially reasonable efforts to respond thereto within thirty (collectively, "Alterations"30) in and days after the date of the request. Landlord agrees to state with specificity any objections it has to the Demised Premisesproposed plans and specifications. In all cases, subject only Tenant shall comply with the following requirements with respect any alterations, modifications or similar activities undertaken with respect to the following conditionsPremises (“Work”), whether subject to the foregoing consent requirement or not:
(ia) any Alterations All Work, when completed, shall be made at Tenant's sole cost and expense so that of such a character as not to materially reduce the Demised value of the Premises shall at all times be free below its value immediately before construction of liens for labor and materials supplied to the Demised Premisessuch Work was commenced;
(iib) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations All Work shall be performed undertaken with reasonable diligence (subject to Force Majeure, as hereinafter defined) and in a good and workmanlike manner and in compliance with all applicable laws permits and requirements of governmental authorities having jurisdiction authorizations and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subjectRestrictions;
(ivc) Tenant, at its sole cost and expense, No Work shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by impair the State safety or structural integrity of Californiathe Building;
(vd) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor All Work shall be submitted completed free of liens for work, services, labor and materials supplied or claimed to Landlord for Landlord's review and approval, which approval have been supplied to the Premises (except as otherwise provided by law);
(e) No Work shall not be unreasonably "withheld or delayed provided that undertaken without obtaining the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premisesinsurance required by Section 6.01 hereof; and
(vif) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction Work shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and undertaken until Tenant shall have procured and paid for, insofar as the right same may be required from time to remove time, all permits and authorizations of all governmental authorities for such Work. Landlord shall join in the Alterations at application for such permit or authorization and cooperate with Tenant and execute any time during additional documents as may be necessary to allow Tenant to complete the term hereof alterations and changes, provided Tenant shall repair any damage resulting therefrom it is made without cost, liability, obligation or expense to Landlord. At termination of this Lease, all Work that is a Material Alteration (other than Trade Fixtures and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term Personal Property) shall become the property of Landlord without payment therefor by Landlord, and shall remain upon and be surrendered to Landlord with the Premises as a part thereof at the expiration of the term termination of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary . All of the Lease Commencement Date, if so requested Work may at Tenant’s option be removed by Landlord, Tenant shall, at its sole cost and expense and in (unless a Removal Notice was delivered to Tenant as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionprovided above).
Appears in 2 contracts
Samples: Lease (Federal Signal Corp /De/), Lease (Federal Signal Corp /De/)
Alterations. Tenant may shall not make alterations, additions or improvements to the Premises or install tenant finishes any Cable in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations or other portions of the Building (collectively, collectively referred to as "Alterations") without first obtaining the written consent of Landlord in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approvaleach instance, which approval consent shall not be unreasonably withheld, conditioned or delayed. However, Landlord's consent shall not be required for any Alteration that satisfies all of the following criteria (a "withheld Cosmetic Alteration"): (1) will not affect the systems or delayed provided that structure of the Building; and (2) does not require work to be performed inside the walls (i.e., work requiring alterations to the walls to get behind the surface thereof) or above the ceiling of the Premises. However, even though consent is not required, the performance of Cosmetic Alterations shall be subject to all the other provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth aboveSection IX.C, except that Tenant shall not be required to obtain Landlord's consent approval for any plans and specifications thereof. Prior to starting work, Tenant shall furnish Landlord with plans and specifications reasonably acceptable to Landlord; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Building systems); copies of contracts; necessary permits and approvals; evidence of contractor's and subcontractor's insurance in amounts required under Section XV. Material changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations which are shall be constructed in a subtenant's initial tenant improvementsgood and workmanlike manner using materials of a quality that is at least equal to the quality reasonably designated by Landlord as the minimum standard for the Building. Any Alteration shallLandlord may designate reasonable rules, when completed, be regulations and procedures for the performance of such character as not to reduce the value or utility of the Demised Premises or work in the Building to which such Alteration and, if Tenant is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter not the exterior of the Improvements or reduce the area or cubic content sole tenant of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices designate the time when Alterations may be performed to the extent reasonably necessary to avoid disruption to the occupants of nonresponsibility on the Demised PremisesBuilding. Within a reasonable time period prior to commencing the alterations, additions or improvementsUpon completion, Tenant shall provide furnish "as-built" plans (except for Cosmetic Alterations), completion affidavits, full and final waivers of lien and receipted bills covering all labor and materials. Tenant shall assure that the Alterations comply with all insurance requirements set forth in this Lease and Laws. Landlord's approval of an Alteration shall not be a representation by Landlord that the Alteration complies with copies of all plans and specifications prepared in connection with any such alteration, addition applicable Laws or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of will be adequate for Tenant's generators and uninterruptible power supply equipment (but in use. Landlord shall not charge Tenant a xxxx-up or supervisory fee for any Alterations. In no event including the primary HVAC system serving the Building)shall Tenant be required to comply with NRS 108 with respect to providing security, trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant bonds or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, construction control account for any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, or other Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionwork.
Appears in 2 contracts
Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)
Alterations. Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria: a) is of a cosmetic nature such as wallpapering, painting hanging pictures and installing carpet; b) is not visible from the outside of the Building or Premises; c) will not affect the systems and structures of the Building; d) does not require work to be performed inside the walls or above the ceiling of the Premises ; and e) costs less than $10,000 as a single project. For all other Alterations, Landlord shall not unreasonable withhold or delay consent and shall respond top Tenant’s written request for consent within ten (10) business days after receipt from Tenant may install tenant finishes that such notice is required. All of the following shall apply with respect to all Alterations unless otherwise approved in writing by the Demised ----------- Premises Landlord: (a) the Alterations are non-structural and make interior alterations, additional installations, modifications, substitutions, improvements and decorations the structural integrity of the Property shall not be affected; (collectively, "Alterations"b) in and the Alterations are to the Demised interior of the Premises; (c) the proper functioning of the mechanical, subject only electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; and (d) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the following conditions:
performance and installation of the Alterations. Additionally, before proceeding with any Alterations, Tenant shall (i) any Alterations shall be made at Tenant's sole cost ’s expense, obtain all necessary governmental permits and expense so that certificates for the Demised Premises shall at all times be free commencement and prosecution of liens for labor and materials supplied to the Demised Premises;
Alterations; (ii) without if Landlord’s consent is required for the prior written approval of planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall make no not proceed with such Alterations until it has received Landlord’s approval (x) which are structural in nature or adversely affect in any way the structure of the Demised Premisesif required); or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
and (iii) cause those contractors, rnaterialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance and workers’ compensation insurance. Such insurance policies shall satisfy all obligations imposed under Section 10.1. Tenant shall cause the Alterations to be performed in compliance with all applicable permits, Laws and requirements of public authorities, and with Landlord’s reasonable rules and regulations or any other restrictions that Landlord may impose on the Alterations. Tenant shall cause the Alterations shall to be diligently performed in a good and workmanlike manner manner, using materials and equipment at least equal in compliance with all applicable laws quality and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements class to the Demised Premises so that Landlord shall have standards for the right Property established by Landlord. With respect to record any and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvementsall Alterations for which Landlord’s consent is required, Tenant shall provide Landlord with “as built” plans (upon completion), copies of all plans construction contracts, governmental – 10 – permits and specifications prepared in connection with any such alterationcertificates and proof of payment for all labor and materials, addition or improvementincluding, as well as without limitation, copies of each material amendment paid invoices and change theretofinal lien waivers. If Landlord’s consent to any Alterations is required, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including Landlord provides that consent, then at the primary HVAC system serving the Building)time Landlord so consents, trade fixtures, movable partitions, furniture, machinery and furnishings installed by Landlord shall also advise Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and Landlord shall require that Tenant remove such Alterations at the expiration or attached to the real estate and the owner thereof shall be entitled termination of this Lease. If Landlord requires Tenant to remove the same or any part thereof Alterations, then, during the term or at the end remainder of the term provided hereinTerm, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain be responsible for the Property maintenance of Tenant and Tenant shall have the right appropriate commercial property insurance (pursuant to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this LeaseSection 10.2) therefor; provided however, if Landlord shall not require that Tenant remove the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement DateAlterations, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from shall constitute Landlord’s Property (defined below) and Landlord shall be responsible for the Demised Premisesinsurance thereof, pursuant to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionSection 10.1.
Appears in 2 contracts
Samples: Industrial Building Lease (ArcherDX, Inc.), Industrial Building Lease (ArcherDX, Inc.)
Alterations. Tenant may install tenant finishes in shall not make any alterations to the Demised ----------- Premises and make interior or the Business Park without Landlord's prior written consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, additional installationsLandlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and whether or not subject to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations. shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary:
a. Tenant shall not be required to remove any improvement or fixture installed by Tenant in, on or about the Premises pursuant to Tenant's repair obligation under this Lease, and Tenant shall not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required.
b. Tenant shall be entitled to remove Tenant's furniture, equipment, trade fixtures and other personal property at the expiration of the term, provided Tenant repairs all damages caused by such removal.
c. Tenant shall be entitled to make no Alterations alterations and utility installations in, on, under or about the Premises without consent of Landlord, so long as the cost of such alteration or utility installation does not (xi) which are exceed the sum of $2,500; (ii) affect the structural in nature or exterior portions of the Building or adversely affect in any way the structure of the Demised PremisesBuilding electrical, plumbing or HVAC systems; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term involve the removal or relocation of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenantwalls. Tenant shall, at its sole cost and expensehowever, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least provide Landlord fifteen (15) days prior to Tenant's commencement advance written notice and copies of any Alterations costing in excess a description of One Million Dollars ($1,000,000.00), the plans alteration along with building permit plans(s) and specifications therefor shall be submitted to enable Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with post any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post desired notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionnon-responsibility.
Appears in 2 contracts
Samples: Lease Agreement (Docent Inc), Lease Agreement (Docent Inc)
Alterations. Tenant may install tenant finishes in shall not make any alterations to the Demised ----------- Premises Premises, or the Property without Landlord's prior written consent unless such alterations are non-structural and make interior have a total aggregate cost of less than $3,000.00 per occurrence. If Landlord gives its consent to such alterations, additional installationsLandlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and whether or not subject to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed by Tenant and its contractors in a good and first class workmanlike manner and in compliance permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with all applicable laws and requirements the Premises upon expiration or termination of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
this Lease, except that Landlord may, within thirty (iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (1530) days prior before or thirty (30) days after expiration of the Term, elect to Tenant's commencement require Tenant to remove some or all of the alterations which Tenant may have made to the Premises, unless Landlord has previously agreed in writing that any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall one or more particular such improvements need not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or removed at the end of the term provided hereinTerm. If Landlord so elects, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain at its own cost restore the Property Premises to the condition designated by Landlord in its election, before the last day of Tenant and the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall have contract with a contractor approved by Landlord for the right to remove the Alterations at any time during the term hereof provided Tenant construction of such alterations, shall repair any damage resulting therefrom secure all appropriate governmental approvals and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlordpermits, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost complete such alterations with due diligence in compliance with plans and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required specifications approved by Landlord. Tenant further agrees to repair any damage resulting therefrom shall pay all costs for such construction and leave shall keep the Demised Premises in a commercially reasonable conditionfree and clear of all mechanics' liens which may result from construction by Tenant.
Appears in 2 contracts
Samples: Standard NNN Lease (Infoseek Corp), Standard NNN Lease (Infoseek Corp)
Alterations. Tenant may install tenant finishes Except for cosmetic alterations and projects that do not exceed $50,000.00 during any calendar year of the Term, that do not require a permit from the City of Irvine and that satisfy the criteria in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations next following sentence (collectively, "Alterations") in and which cosmetic work shall require notice to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord but not Landlord’s consent), Tenant shall make no Alterations alterations, additions, decorations, or improvements (xcollectively referred to as “Alterations”) which are structural in nature or adversely affect in any way to the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, Premises without the prior written approval consent of Landlord. For all Alterations that require the prior written consent of Landlord, Tenant Landlord’s consent shall make no not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations to any portion of do not affect the exterior structural, electrical or elevation mechanical components or systems of the Building.
, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (iii) “Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, provided that, for projects that do not exceed $100,000.00, Landlord shall not require Tenant to post a lien or completion bond. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 3% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect and/or engineers to review Tenant’s architectural, mechanical and electrical plans, and the reasonable cost of that review shall be reimbursed by Tenant Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be performed constructed in a good and workmanlike manner and using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such workwriting, all with insurers licensed by Alterations affixed to the State of California;
Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing except as otherwise provided in excess of One Million Dollars ($1,000,000.00the Work Letter), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), excluding moveable trade fixtures, movable partitions, furniture, machinery office/telephone equipment, computers and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant other personal property shall remain become the property of the owner thereof Landlord and shall be surrendered with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or Premises at the end of the term provided hereinTerm, provided except that such owner shall repair any damage caused Landlord may, by such removal. Except as otherwise provided hereinnotice to Tenant given at least 45 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations made or (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements made by Tenant with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable and Landlord shall remain advise Tenant as to which Alteration or any portion thereof shall be deemed a Required Removable within 10 days after receipt of Tenant’s request. If Landlord fails to respond to any request for consent within the Property of Tenant and 10 day period set forth in the preceding sentence, Tenant shall have the right to remove the Alterations at any time during the term hereof provided provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage resulting therefrom and leave to the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, arising from that removal and shall be surrendered restore the affected area to Landlord at the expiration of the term of this Lease; provided howeverits pre-existing condition, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost reasonable wear and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditiontear excepted.
Appears in 2 contracts
Samples: Lease (Inari Medical, Inc.), Lease (Inari Medical, Inc.)
Alterations. Tenant may install tenant finishes SIGNS -------------------
15.1. Except as. provided in the Demised ----------- Premises and make interior alterationsSection 2A.1, additional installationsSublessee shall not place or construct any improvements, modificationschanges, substitutionsstructures, improvements and decorations alterations or additions (collectively, cumulatively referred to in this Article as "Alterations") in and in, to or upon the Subleased Premises without Sublessor's written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, Sublessor's consent shall not be required for non-structural Alterations to the Demised PremisesFacility and related structures that do not otherwise require approval under the PDA Laud Use Controls and ate otherwise in compliance with applicable laws, subject only codes rules and regulations any related structures, systems and grounds, cost less than Two Hundred Thousand Dollars ($200,000), constitute necessary replacements, maintenance and repairs to the following conditions:
(i) Facility. Unless Sublessee is subject to an earlier notice requirement under the Sublessor's .and Use Controls or other applicable requirements with respect to the information required under this section, any Alterations request for Sublessor's consent shall be made upon sixty (60) days written notice and-shall be accompanied by preliminary engineering or architectural plans or, if consented to by Sublessor, working drawings. Sublessor shall endeavor, subject to PDA Land Use Controls, to provide its consent to or communicate its lack of consent and the reasons therefor within sixty-, (6Q) days of Sublessee's complete submissions in accordance with this paragraph. If such consent or communication is not received within said sixty (60) days, Sublessor, as Landlord, shall be deemed to have consented to the proposed Alterations; provided, however, that in no event shall Sublessor's failure to provide such consent or communications be deemed a consent by Sublessor or any enforcement official or municipality under the PDA Land Use Controls. If Sublessor grants its consent all such work shall be done at TenantSublessee's sole cost and expense so that the Demised Premises shall at expense, subject, in all times be free of liens for labor and materials supplied cases, to the Demised Premises;following covenants:
(ii1) without All work and Alterations shall be dune in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by Sublessor and with the prior written approval provisions of Landlord, Tenant Article 25 of this Sublease. This obligation shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure include compliance with all- applicable provisions of the Demised Premises; or FFA (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additionas defined in Section 25.8), without the prior written approval of Landlord, Tenant shall make no Alterations including obligations imposed upon Sublessor in respect to any portion of the exterior or elevation of the Buildingconstruction and construction related work.
(iii2) All Alterations shall be of such a character as not to materially reduce the value and usefulness of any Alterations of the buildings or other improvements below their value and usefulness immediately before such Alteration. All work performed hereunder shall be performed in a good and workmanlike manner manner, shall conform to drawings and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements specifications approved by Sublessor and shall not violate any term be disruptive of the overall operation the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport.
(3) During the period of construction of any agreement or restriction to which the Demised Premises are subject;
(iv) TenantAlterations, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same Sublessee or any part thereof during contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.following insurance--
Appears in 2 contracts
Samples: Sublease (Cabletron Systems Inc), Sublease (Aprisma Management Technologies Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior or suffer to be made any alterations, additional installationsadditions, modifications, substitutions, or improvements and decorations (collectively, "Alterations") in and to or of the Demised Premises, subject only to the following conditions:
(i) Premises or any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) part thereof without the Landlord’s prior written approval of Landlordconsent, Tenant shall make no Alterations (x) which are structural Landlord may withhold in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expensediscretion, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for except that Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant ’s consent shall not be required to obtain Landlord's consent to Alterations which for non-structural alterations costing less than fifty thousand dollars ($50,000.00) that are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter visible from the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consentPremises. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any All alterations, additions or additions, and improvements to the Demised Premises so that Landlord shall have the right Premises, including but not limited to record floor coverings, wall coverings, window coverings, paneling, and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterationsbuilt-in cabinet work, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building)excluding movable furniture, trade fixtures, movable partitionsand other unattached personal property, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain on the property expiration of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any Term become a part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant realty and Tenant shall have the right belong to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at with the expiration of Premises whether or not installed with Landlord’s consent. Notwithstanding the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlordforegoing, Tenant shall, at its sole cost and expense, remove any alterations, additions, or improvements designated for removal by Landlord upon written notice given to Tenant within thirty (30) days after the termination of this Agreement. If Tenant receives any such designation at least ten (10) days before the termination of this Agreement, the removal shall be completed prior to termination. Otherwise the removal shall be completed within ten (10) days after Tenant’s receipt of Landlord’s designation. Tenant shall repair any damage to the Premises caused in connection with the removal of any items pursuant to this Article and restore all damaged areas to a condition consistent with the surrounding finish. Landlord’s consent to any alterations, additions, or improvements, when given, shall be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be required, all at Tenant’s sole cost and expense. All alterations, additions, and improvements shall be made by Tenant at Tenant’s sole cost and expense by licensed contractors and in as expeditious compliance with all laws and regulations. If requested by Landlord, Tenant shall provide a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required Payment and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000). Each contractor must first be approved in writing by Landlord. Tenant further agrees shall cause its contractors to repair any damage resulting therefrom submit to Landlord prior to entering the Premises certificates and leave endorsements evidencing liability insurance meeting the Demised Premises requirements for Tenant’s commercial generally liability policy set forth in a commercially reasonable conditionArticle 10 hereof and workers compensation and employer’s liability coverage as required by law. Each commercial general liability policy shall name as additional insureds Landlord, Landlord’s property manager, and Landlord’s Mortgagees.
Appears in 2 contracts
Samples: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.)
Alterations. Other than the Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of LandlordImprovements, Tenant shall make no further alterations, additions or improvements (sometimes referred to in this Paragraph collectively as “Alterations”) to the Premises without Landlord’s prior written consent as provided herein and without a valid building permit issued by the appropriate governmental agency. Tenant shall submit to Landlord, for Landlord’s written approval, a written description of the Alterations that Tenant proposes to perform, all applications for permits for such Alterations, detailed plans and specifications for Alterations constituting Major Alterations, and such other information regarding the intended Alterations as Landlord may reasonably require, and no request for Landlord’s consent to Alterations shall be deemed complete until such information is delivered. To the extent that any alterations, additions or improvements to the Premises constitute “Major Alterations” (xas defined below), Landlord may withhold its consent in Landlord’s sole and absolute discretion; otherwise, Landlord’s consent to any alterations, additions or improvements to the Premises other than Major Alterations shall not be unreasonably withheld, conditioned or delayed. As used herein, “Major Alterations” shall mean any alterations, additions or improvements (i) which are structural in nature or adversely affect in any way visible from outside the structure Premises and/or Building (including design and aesthetic changes), and/or (ii) to the exterior of the Demised Building, the roof of the Building, the heating, ventilation and/or air conditioning systems serving the Premises; , the fire sprinkler, plumbing, electrical, mechanical and/or any other systems serving the Premises, any interior, load-bearing walls, the foundation and/or the slab of the Building. Tenant shall notify Landlord in writing at least fifteen (15) days prior to commencement of any work to enable Landlord to post a Notice of Non-Responsibility or (y) which adversely affect other notice deemed proper before the commencement of work. Any and all such alterations, additions or could render void improvements shall comply with all Applicable Laws including, without limitation, obtaining any required permits or invalidate any Warranties under this Leaseother governmental approvals. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any all Alterations shall be performed only by licensed contractors and subcontractors and shall be performed in a good and workmanlike manner and in strict compliance with all permits, any plans and specifications approved by Landlord, and all conditions to Landlord’s approval. Tenant shall cause its contractors and subcontractors to maintain insurance reasonably acceptable to Landlord. Upon termination of this Lease, any alterations, additions and improvements (including without limitation all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) made by Tenant shall at once become part of the realty and belong to Landlord unless the terms of the applicable laws and requirements consent provide otherwise, or unless at the time of governmental authorities having jurisdiction and the applicable insurance requirements and shall not violate any term consent Landlord requests that part or all of any agreement the additions, alterations or restriction to which the Demised Premises are subject;
(iv) improvements be removed. In such case, Tenant, at its sole cost and expense, shall cause its contractors promptly remove the specified additions, alterations or improvements and shall fully repair and restore the relevant portion(s) of the Premises to maintain builder's risk insurance the condition in which Tenant is otherwise required to surrender the Premises under Paragraph 17.1. Notwithstanding the foregoing or anything in this Lease to the contrary, with respect to the Tenant Improvements and such other insurance subsequent Alterations (unless Landlord’s applicable consent provides otherwise), Tenant shall only be required to remove alterations, additions and improvements that are not consistent with general office use (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any laboratory related alterations, additions or and improvements to and restore the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property applicable portions of the owner thereof with the right of removal, whether or not affixed and or attached Premises to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term their original condition upon termination of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 2 contracts
Samples: Lease (AbSci Corp), Lease (AbSci Corp)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Excepting Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord’s Upfit, Tenant shall make no Alterations (x) which are structural in nature alterations, additions, or adversely affect in any way improvements to the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, Premises without the prior written approval consent of Landlord, and any such request by Tenant of Landlord to make any such alterations, additions or improvements shall make no Alterations in each case be accompanied by plans and specifications for such alterations, additions and improvements all in such detail as Landlord may reasonably required. Any alteration, addition or improvement to the Premises which results in any portion damage to the Premises or the alteration, addition or improvement to the Premises which results in any damage to the Premises or the Building including, but not limited to the floor, ceiling or outside walls shall be repaired by the Tenant at the termination of the exterior Lease, or elevation of if sooner, upon the Building.
(iii) any Alterations shall be performed in a good request by the Landlord. All alterations, additions and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance improvements (including, without limitation, workers compensation insuranceall partitions, walls, railings, carpeting, and floor coverings) made by, for or at the direction of the Tenant, shall remain upon and be surrendered with the Premises as is then customarily a part thereof at the expiration or earlier termination of this Lease. All contractors and subcontractors employed by Tenant for any such work shall be subject to Landlord’s prior approval. Tenant shall comply with all applicable laws and obtain all licenses and permits required by any applicable authority before commencing construction. Any alarm or sprinkler system installed by Tenant must be compatible with any such system maintained by Landlord for such workthe Building, Tenant and all contractors and subcontractors employed or engaged by Tenant shall comply with insurers licensed the Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord for the State Building, a copy of California;
(v) At least fifteen (15) days prior which will be provided to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00)Tenant upon request All alterations, additions and improvements made by Tenant to the Premises, including without limitation, the plans initial alterations, additions and specifications therefor improvements made to the Premises, shall be submitted to Landlord for Landlord's review remain in the Premises and approval, which approval shall not be unreasonably "withheld removed therefore at any time. Upon the expiration or delayed provided that the provisions any earlier termination of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth aboveLease, Tenant shall not be required promptly reimburse Landlord for any expense or cost incurred by Landlord in restoring the Premises to obtain Landlord's consent to Alterations the condition in which are a subtenant's initial tenant improvements. Any Alteration shallthe Premises were at the time Tenant shall have occupied the same, when completedexcept for Tenant’s Upfit and for ordinary wear and tear, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building fire or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any casualty and alterations, additions or and improvements to the Demised Premises so that consented to in writing by Landlord shall have the right unless Landlord is entitled to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, notifies Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionsame.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)
Alterations. Tenant shall make no changes in or to the Demised Premises of any nature without Landlord’s prior written consent provided, however, that Tenant may install tenant finishes make purely decorative changes such as painting and installation of partitions and carpeting without Landlord’s consent, but upon notice to Landlord. Subject to the prior written consent of Landlord, not to be unreasonably withheld or delayed and to the provisions of this Article, Tenant at Tenant’s expense, may make non-structural alterations, installations, additions or improvements which do not affect utility services or plumbing and electrical lines, in or to the interior of the Demised Premises using licensed and reputable contractors or mechanics first approved by Landlord, not to be unreasonably withheld or delayed. Landlord shall not charge Tenant any fee or other charge for the supervision of Tenant’s initial improvements. Tenant shall not be responsible for Landlord’s security costs, during normal business hours, during the construction of Tenant’s initial improvements or initial alterations and for Tenant’s initial move into the Building. All labor employed by Tenant shall be harmonious and compatible with the labor employed by Landlord and other tenants in the Building, it being agreed that if such labor shall be incompatible, Tenant shall forthwith on Landlord’s demand withdraw such labor from the Demised ----------- Premises and make interior alterationsPremises. Tenant may use its own contractor(s), additional installationssubject to Landlord’s prior reasonable approval thereof, modifications, substitutions, improvements and decorations (collectively, "Alterations") for performing any work in and to or from the Demised Premises. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance as Landlord may require. As a condition to Tenant performing any work or alterations in or to the Demised Premises and prior to the commencement of any such work or alterations, Tenant shall furnish a contractor’s performance and payment bond guaranteeing lien free completion of the work or alterations and payment of obligations to its sub-contractors and suppliers. The amount, form and substance of such bond shall be reasonably acceptable to Landlord, providing for a direct right of action against the surety by a claimant, naming Landlord and its Superior Mortgagee as co-obligees, and shall be underwritten by a surety company authorized to do and doing business in the State of New York and with a “Best” rating of A, or better. Tenant shall not file any mechanic’s, laborer’s or materialman’s lien, or suffer or permit any such lien to be filed against the Demised Premises, subject only including the Building or any part thereof by reason of work, labor, services, or materials requested and/or supplies claimed to the following conditions:
(i) any Alterations shall be made at have been requested by or on behalf of Tenant's sole cost ; and expense so that the Demised Premises if such lien shall at all times any time be free so filed, within thirty (30) days after said filing Tenant shall cause said lien to be canceled and discharged of liens for labor and materials supplied record. To the extent Tenant fails to remove any mechanic’s, laborer’s or materialman’s lien filed against the Demised Premises;
(ii) without , including the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature Building or adversely affect in any way part thereof within the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement time period set forth above, the same shall be deemed a default hereunder entitling Landlord to all rights and remedies pursuant to law and this Lease including without limitation the right to arrange to bond or pay the amount of such claim upon which the lien is based and/or utilize the Security (as defined below) therefor and Tenant shall not thereafter pay and be required liable to obtain Landlord for the amount so paid by Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completedas additional rent, be immediately upon demand, together with interest thereon at the highest rate permissible by law and all costs and expenses, including reasonable attorneys’ fees incurred by Landlord in procuring the discharge of such character lien, shall be due and payable by Tenant to Landlord as not to reduce additional rent upon demand of Landlord. The provisions of this paragraph shall survive the value or utility termination of this Lease. All fixtures and all paneling, partitions, equipment, railings and like installations, installed in the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alterationat any time, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed either by Tenant or assigneesby Landlord on Tenant’s behalf, subtenants shall be removed by Tenant on or licensees prior to the Expiration Date. Landlord hereby requires Tenant, at Tenant’s expense, to remove all switching equipment and wiring and other equipment appurtenant thereto and the HVAC system prior to the expiration of Tenant shall this Lease. Notwithstanding anything contained herein to the contrary, the Improvements (as hereinafter defined) (i) are and remain the property of the owner thereof with the right of removalLandlord, whether or not affixed and or attached to the real estate and the owner thereof (ii) shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed surrendered by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on together with the Demised Premises at the end of the term, in accordance with Article 24 hereof and in no event shall Tenant remove the Improvements. Upon Tenant’s removal of any furniture, fixtures, equipment and installations from the Demised Premises as aforesaid, Tenant shall immediately and at its expense, repair and restore the Demised Premises (and/or the Building, as the case may be) to the condition existing prior to installation and repair any damage to the Demised Premises or the Building due to such removal. All property to be removed by Tenant at the end of the term remaining in the Demised Premises after the Expiration Date shall become be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property of Landlord without payment therefor or removed from the Demised Premises by Landlord, at Tenant’s expense. Commencing on the first anniversary of the Commencement Date and shall be surrendered to Landlord at the expiration of continuing annually thereafter throughout the term of this Lease; provided however, if Tenant shall submit to Landlord a structural inventory. Landlord shall also have the Lease term ends prior right, on an annual basis, to access the Demised Premises, subject to the thirteenth (13th) anniversary provisions of Article 13 hereof, in order to review Tenant’s structural loading. Tenant has submitted all plans and specifications as Landlord shall require in connection with Tenant’s request for Landlord’s approval of the Lease Commencement Datework Tenant requires to make to the Demised Premises suitable for its occupancy and use (“Initial Alteration Work”), if so requested and Landlord agrees to notify Tenant of its approval or disapproval within ten (10) business days of full execution hereof. All costs and expenses associated with the review of the Initial Alteration Work shall be paid by LandlordTenant in accordance with the provisions of Article 43 of this lease. Subject to all applicable laws, and the provisions of this lease, Tenant may perform the Initial Alteration Work twenty four (24) hours per day, seven (7) days per week. Tenant shall be required to use the Building’s Class E System contractor for all interfacing with the fire detection system as well as the electrical contractor for work in the Demised Premises. With respect to any proposed work, Tenant shall, at its sole cost submit (a) “load letter” evidencing Tenant’s proposed floor and expense electrical loads and in (b) final “as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionbuilt” plans.
Appears in 2 contracts
Samples: Office Lease, Office Lease Agreement (Neutral Tandem Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations Borrower shall be made at Tenantobtain Lender's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approvalconsent, which approval consent shall not be unreasonably "withheld or delayed provided delayed, to any alterations to the Improvements, the cost of which is reasonably anticipated to exceed $1,000,000 (the "THRESHOLD AMOUNT") or that will have a material adverse effect on Borrower's financial condition, the use, operation or value of the Trust Property or the net operating income with respect to the Trust Property, other than (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease executed after the date hereof and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (it being understood that the foregoing provision shall not require Lender's consent to Tenants' exterior signage pursuant to any Lease approved by Lender in accordance with the terms and provisions of this subparagraph Deed of Trust) or (vc) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared alterations performed in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property restoration of the owner thereof Trust Property after the occurrence of a Casualty or Condemnation in accordance with the right terms and provisions of removalthis Deed of Trust. If Lender fails to respond to a request for consent under this paragraph 7 within ten (10) Business Days of receipt thereof, whether or not affixed and or attached to the real estate and the owner thereof such consent shall be entitled to remove the same or any part thereof during the term or at the end of the term provided hereindeemed granted, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant request shall have been accompanied by all information requested by Lender or reasonably necessary for Lender to evaluate such request and shall have clearly stated, in 14 point type or greater, that if Lender fails to respond to such request within ten (10) Business Days, Lender's consent shall be deemed to have been granted. If Lender refuses to grant such consent, Lender shall specify in writing the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionreasons for such refusal. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end Any approval by Lender of the term shall become the property of Landlord without payment therefor by Landlordplans, and shall be surrendered to Landlord at the expiration specifications or working drawings for alterations of the term Trust Property shall not create responsibility or liability on behalf of this Lease; provided howeverLender for their completeness, if design, sufficiency or their compliance with applicable laws. Lender may condition any such approval upon receipt of a certificate of compliance with applicable laws from an independent architect, engineer, or other person reasonably acceptable to Lender. If the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost total unpaid amounts due and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.payable with
Appears in 2 contracts
Samples: Deed of Trust (Maguire Properties Inc), Deed of Trust (Maguire Properties Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior any alterations, additional installations, modifications, substitutions, additions or improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) or change any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature plumbing or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additionwiring, without the prior written approval consent of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from the Premises. Landlord shall have the right to approve Tenant’s contractors as well as the general manner and method in which such work is to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be required to be removed upon the expiration of the term. As of the commencement date, there are no existing improvements that will be required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant shall make no Alterations shall, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by Tenant, that were (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to any portion be removed at the end of the exterior or elevation of term, there having been no request by Tenant for a notification at the Building.
(iii) any Alterations shall be performed in a good time the improvement was made; and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) TenantTenant shall, at its sole cost and expense, shall cause its contractors repair any damage to maintain builder's risk insurance and the Premises caused by such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) removal. At least fifteen twenty (1520) days prior to Tenant's the commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00)work on the Premises, the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to of the Demised Premises names and addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for any lien for Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to record and post notices of nonresponsibility keep posted on the Demised PremisesPremises notice to such persons in accordance with such statute. Within a reasonable time period prior to commencing the All additions, alterations, additions changes or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached improvements made to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed Premises by Tenant shall remain be made in compliance with the Property Americans with Disabilites Act of Tenant 1990 and Tenant shall have the right its implementing regulations, as amended or supplemented from time to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlordtime, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided howeverall similar applicable state and local laws, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost rules and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionregulations.
Appears in 2 contracts
Samples: Lease (Nivalis Therapeutics, Inc.), Lease (Nivalis Therapeutics, Inc.)
Alterations. After the Commencement Date, Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) or permit any Alterations shall be made at Tenant's sole cost and expense so that in, on or about the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord’s consent shall not be required for any nonstructural Alterations to the interior of the Building that do not exceed Two Hundred Fifty Thousand and no/100ths Dollars ($250,000.00) in cost per year and do not affect the roof of the Building or the Building Systems, so long as Tenant shall make no provides Landlord with prior notice of any such Alterations (x) which are structural in nature or adversely affect in “Permitted Alterations”). If Tenant desires to make any way Alterations to the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of LandlordPremises other than Permitted Alterations, Tenant shall make no Alterations to any portion of submit the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the proposed plans and specifications therefor shall be submitted for such Alterations to Landlord for Landlord's ’s review and approval, which approval shall not be unreasonably "withheld withheld, conditioned or delayed provided that the provisions delayed. If Landlord fails to notify Tenant in writing of this subparagraph Landlord’s approval or disapproval of any Alterations shown on such plans and specifications within ten (v10) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain business days after Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be ’s receipt of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to documents from Tenant, then Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementdeemed to have approved such Alterations. Tenant shall notify Landlord in writing 30 days prior to commencing complete any alterations, additions or improvements Alterations to the Demised Premises so that at Tenant’s sole expense, in compliance with all applicable Laws, including any permit requirements, by a licensed contractor, and in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date. Landlord shall acknowledges that, subject to Tenant’s receipt of all necessary governmental approvals, Tenant will have the right to record and post notices of nonresponsibility on the Demised Premises. Within install a reasonable time period prior number of electric vehicle charging stations in the parking area of the Outside Areas pursuant to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared subject to Landlord’s approval in connection accordance with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicablethis Paragraph 12. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed Alterations made by Tenant or assignees, subtenants or licensees of for Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed be and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, upon the expiration or earlier termination of this Lease and shall not be surrendered deemed Tenant’s Personal Property; provided, however, that Landlord may, at Landlord’s option, require Tenant to Landlord remove, at Tenant’s expense, any or all Alterations installed by or for Tenant from the Premises at the expiration of the term or sooner termination of this Lease; provided . If Tenant requests that Landlord make a determination of whether Landlord will require Tenant to remove any Alterations upon the termination of this Lease, then Landlord shall notify Tenant of Landlord’s election within ten (10) business days after Tenant’s request for such determination by Landlord. If Landlord fails to notify Tenant in writing within such ten (10) day period that Landlord will require such removal, then Landlord shall be deemed to have elected not to require Tenant to remove such Alterations. In no event, however, if shall Tenant be required to remove the Lease term ends prior Tenant Improvements from the Premises. If Tenant removes any Alterations as required or permitted herein, Tenant shall repair any and all damage to the thirteenth (13th) anniversary Premises caused by such removal and return the Premises to their condition as of the Lease Commencement Date, if so requested by Landlordnormal wear and tear excepted and subject to the provisions of Paragraph 22. Notwithstanding any other provision of this Lease, Tenant shall, at its sole cost shall be solely responsible for the maintenance and expense and in as expeditious a manner as possible remove repair of any or all of such Alterations from the Demised Premises, made by it to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionPremises.
Appears in 2 contracts
Samples: Lease (IGM Biosciences, Inc.), Lease (IGM Biosciences, Inc.)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installationsadditions, modifications, substitutions, or improvements and decorations (collectively, "Alterations") in and to the Demised PremisesPremises (the “Alterations”), subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without with the prior written approval consent of Landlord, which shall not be unreasonably withheld, conditioned, or delayed. Landlord shall have forty-five (45) days in which to respond to Tenant’s request for any Alterations so long as such request includes the name of Tenant’s contractors and reasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, movable partitions, Tenant’s equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord’s consent shall not be required for Tenant’s installation or removal of those items. Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way perform all work within the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and Premises at Tenant’s expense in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, complete all Alterations in accordance with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor approved by Landlord, using contractors approved by Landlord. Tenant shall be submitted pay, when due, or furnish a bond for payment (as set forth in Section 18) all claims for labor or materials furnished to Landlord or for Landlord's review and approvalTenant at or for use in the Premises, which approval shall not claims are or may be unreasonably "withheld secured by any mechanics’ or delayed provided that materialmens’ liens against the provisions Premises or any interest therein. For the avoidance of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth abovedoubt, Tenant shall not be required solely responsible for payment of all costs and expenses related to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside work performed by, or at the boundaries of direction of, Tenant at the Land, nor shall the same obstruct or interfere with any existing casementPremises. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post or deliver any notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of remove all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or Alterations at the end of the Lease term provided hereinunless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, provided that in which case Tenant shall not remove such owner Alteration and it shall become Landlord’s property. Tenant shall immediately repair any damage to the Premises caused by such removalremoval of Alterations. Except as otherwise provided hereinTenant agrees to and shall indemnify and hold Landlord harmless against all liability, all Alterations made loss, damage, costs, attorneys’ fees and other expenses arising from claims of lien of laborers or installed by materialmen for work performed or materials or supplies furnished for Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 2 contracts
Samples: Lease Agreement (iCap Vault 1, LLC), Lease Agreement (iCap Vault 1, LLC)
Alterations. Tenant may install tenant finishes in The parties hereby agree that, while the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and provisions of this Section 5.12 apply to the Demised Premisesinitial Tenant’s Work, subject only if, with respect to the following conditions:
(i) initial Tenant’s Work, there is any Alterations inconsistency between the provisions of Exhibit B-1 and the provisions of this Section 5.12, the provisions of Exhibit B-1 shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, control. Tenant shall not make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good alterations and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior additions to Tenant's commencement of any Alterations costing ’s Premises except in excess of One Million Dollars ($1,000,000.00), the accordance with plans and specifications therefor shall be submitted to Landlord for first approved by Landlord's review and approval, which approval shall not be unreasonably "withheld withheld, conditioned or delayed delayed. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises (including, without limitation, from common lobbies within the Building) shall be in Landlord’s sole, but good faith, discretion. Landlord’s initial approval, or disapproval with supporting specific reasons, of Tenant’s plans and specifications (other than the Plans relating to the initial Tenant’s Work) shall be provided to Tenant within fifteen (15) days of Landlord’s receipt of such plans, except that if Landlord reasonably determines that it must engage an outside consultant in connection with its review and approval of such plans and specifications (i.e., because, in Landlord’s reasonable judgment, Landlord’s staff does not have the provisions appropriate skills to perform such review), the period for Landlord’s review of such plans and specifications shall be fifteen (15) business days after Landlord’s receipt. Future approvals, or disapprovals with supporting specific reasons, for subsequent submittals of corrections or changes, shall be provided to Tenant within three (3) business days of Landlord’s receipt of such revised plans. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion reasonably likely to materially and adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance reasonably acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, or (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent with alterations satisfying Landlord’s then existing generally applicable Building standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this subparagraph Lease with respect to Tenant’s insurance obligations (vherein called “Insurance Requirements”) shall not apply nor deemed a waiver of Tenant’s obligations under this Lease with respect to initial tenant improvements needed applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent completeness, design sufficiency or compliance of such plans, specifications and work with the requirement set forth aboveapplicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be required acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to obtain lien Landlord's consent to Alterations which are a subtenant's initial tenant improvements’s interest in the Property in connection with any such work. Any Alteration shallWithin thirty (30) days after receipt of an invoice from Landlord, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility Tenant shall pay to Landlord immediately before such Alterationas a fee for Landlord’s review of any work or plans (excluding any review respecting Tenant’s initial improvements performed pursuant to Article III hereof and Exhibits B-1 and B-2 attached hereto, nor shall such Alteration alter but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the exterior sum of: (i) $150.00 per hour for time spent by Landlord’s in-house personnel, up to a maximum of Five Thousand and 00/100 Dollars ($5,000.00), plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work, up to a maximum of Five Thousand and 00/100 Dollars ($5,000.00), for an aggregate maximum of Ten Thousand and 00/100 Dollars ($10,000.00). Notwithstanding the Improvements or reduce the area or cubic content terms of the Buildingthis Section 5.12, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days have the right, without obtaining the prior consent of Landlord, but upon at least ten (10) business days’ prior written notice to commencing any Landlord, to make alterations, additions or improvements to the Demised Premises so where:
(i) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises or the Building;
(ii) the same do not affect the roof, any structural element of the Building, or the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building;
(iii) the cost of any individual alteration, addition or improvement shall not exceed One Hundred Thousand and 00/100 Dollars ($100,000.00) in each instance; and
(iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, no later than ten (10) days after the making of such changes for which Landlord consent is not required hereunder, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord may, by notice to Tenant given no later than fifteen (15) days subsequent to the date on which the plans and specifications are submitted to Landlord, require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement upon the expiration or earlier termination of the Lease Term. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to this Section 5.12, Landlord hereby agreeing to make such election at the time that Landlord approves Tenant’s plans for any such alterations, etc. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord, which approval shall not be unreasonably withheld, conditioned, or delayed. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and, except with respect to the initial Tenant’s Work, if the cost of such work exceeds Three Hundred Thousand and 00/100 Dollars ($300,000.00), security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. To the extent typically prepared for alterations of the type in question, Tenant shall also prepare and submit to Landlord at Landlord’s expense a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Subject to, and in accordance with, Section 5.4, Landlord shall have the right to record provide such reasonable rules and post notices regulations relative to the performance of nonresponsibility any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services at the same rates which are charged to the other tenants of the Building. Tenant agrees to pay promptly when due the entire cost of any work done on the Demised PremisesPremises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and, within ten (10) business days, to discharge or bond over any such liens which may so attach. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies pay, as Additional Rent, 100% of all plans any real estate taxes imposed upon the Building, which shall, at any time after the Commencement Date, result solely from any alteration, addition or improvement to the Premises made by Tenant at any time after the Delivery Date, as determined solely by the records of the tax assessing authority; provided however, that (i) such taxes shall only be payable by Tenant if, and specifications prepared to the extent that, such taxes, and the amount thereof, are specifically identified, in connection with any the records of the tax assessor, as arising solely from such Tenant alteration, addition or improvement, as well as copies and (ii) if real estate taxes are determined by the tax assessor based upon a capitalization of each material amendment and change theretoincome approach, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but then in no event including shall there be deemed to be any additional taxes payable for the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery purposes of Section 2.7; and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; further provided however, if that Tenant shall not be responsible for real estate taxes on the Lease term ends prior Property attributable to any alteration, improvement or addition to the thirteenth (13th) anniversary Premises as part of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, Tenant’s Work to the extent required that the same is paid for by application of the Tenant Allowance. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 2 contracts
Samples: Lease Agreement (Carbon Black, Inc.), Lease Agreement (Carbon Black, Inc.)
Alterations. Tenant may install tenant finishes Any alterations that Subtenant desires to make in the Demised ----------- Expansion Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's Subtenant’s sole cost and expense so that the Demised Premises and shall at be subject to all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure applicable provisions of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without Sublease and the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (Master Lease including, without limitation, workers compensation insurance) Article 14 of the Sublease and Article 6 of the Master Xxxxx. Notwithstanding the foregoing, Subtenant shall have the right to install and construct an executive briefing center, make minor modifications to the conference rooms, make improvements to the existing lobby, install an outdoor seating area and/or any outdoor amenities as is then customarily maintained are consistent with typical headquarters in Palo Alto and install EV chargers in the parking area used exclusively by Subtenant, subject to Sublandlord’s and Landlord’s rights to reasonably review and approve detailed plans and specifications for such workimprovements and require that they be restored at the time at the time its approval is given, all with insurers licensed by as provided in Section 6.1 of the State of California;
Master Lease; provided, however, (va) At least fifteen Sublandlord’s consent shall (15i) days prior to Tenant's commencement of any Alterations not be required for general office improvements costing in excess of One Million less than Four Hundred Thousand Dollars ($1,000,000.00), the plans 400,000) that Landlord does not require to be restored and specifications therefor shall (ii) be submitted deemed given if Sublandlord does not object to Landlord any alterations within five (5) business days of Subtenant’s request for Landlord's review and approvalSublandlord’s consent, which approval shall not be unreasonably "withheld or delayed provided that consent includes all of the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant items in the Demised Premises; and
first sentence of Section 6.2 of the Master Lease and (vib) To the extent not inconsistent with the requirement set forth above, Tenant Subtenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with restore any such alteration, addition or improvement, as well as copies of each material amendment items if Landlord does not require such restoration and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof this Sublease terminates concurrently with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term Master Lease. For the avoidance of this Lease; doubt, the following shall not be considered general office improvements: EV chargers, exterior signage or a lab. Subtenant shall be permitted to submit its plans and specifications to Sublandlord and Landlord contemporaneously, such that the time provided however, if the Lease term ends prior for each of Sublandlord and Landlord to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost reasonably review and expense and in as expeditious a manner as possible remove any or all approve of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom plans and leave the Demised Premises in a commercially reasonable conditionspecifications may run concurrently.
Appears in 2 contracts
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall make interior no alterations, additional installationsadditions or improvements (collectively and individually, modifications, substitutions, improvements and decorations (collectively, "“Alterations"”) in and to the Demised Premises, subject only to Premises (including the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that roof of the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(iiBuilding) without the prior written approval consent of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvementscases, Tenant shall provide Landlord with copies written notice prior to performing any Alteration. Landlord’s consent may be granted or withheld by Landlord in its reasonable discretion. Landlord shall respond to Tenant’s request to make Alterations within thirty (30) days after receipt of all such request, as long as the request includes reasonably detailed plans and specifications prepared (as described below) and Landlord’s failure to object to any proposed Alterations within such time period shall be deemed approval of such Alterations. Tenant shall obtain all required permits for the Alterations and shall perform the Alterations in connection compliance with any such alteration, addition or improvement, as well as copies of each material amendment all Applicable Law. Any request for Landlord’s consent shall be made in writing and change thereto, if and when applicableshall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. All of Tenant's generators and uninterruptible power supply equipment Alterations affixed to the Premises (but in no event including the primary HVAC system serving the Building), excluding trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant ) shall remain become the property of the owner thereof Landlord and shall be surrendered with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term Term, unless Landlord notifies Tenant that such Alterations must be removed by written notice delivered to Tenant at the time that Landlord approves of such Alterations or, in the event Landlord’s approval of such Alterations is not required hereunder, within thirty (30) days following the date on which Tenant provides Landlord with written notice of such Alterations. Landlord shall become oversee all Alterations performed pursuant to this Section 7.3 by either Tenant or the property of Landlord without payment therefor by LandlordServices Company, and Tenant shall be surrendered to pay Landlord at as compensation for its efforts a non-refundable management fee in the expiration amount of fifteen percent (15%) of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and incurred by Tenant and/or Services Company in as expeditious a manner as possible remove any or all of connection with such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionno later than ten (10) days after written demand thereof.
Appears in 2 contracts
Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)
Alterations. Tenant may If Lessee desires to construct and install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations Alterations (collectively, "“Alterations"”) in and to the Demised PremisesPremises during the Lease term, subject only to Lessee shall submit a space plan therefor (“Alterations Space Plan”) that includes a scope of work prepared by Lessee’s architect for Lessor’s approval in accordance with the following conditions:
terms of this Paragraph 10.A(1) and in accordance with the Approval Standards (i) any Alterations defined below). Lessor shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature approve or adversely affect in any way the structure disapprove of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior Alterations Space Plan by delivering written approval of Landlord, Tenant shall make no Alterations notice to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least Lessee within fifteen (15) business days prior of its receipt of the Alterations Space Plan, and if Lessor shall fail to Tenant's commencement approve or disapprove of any the Alterations costing in excess Space Plan within such fifteen (15) business day period, Lessor shall be deemed to have approved of One Million Dollars the Alterations Space Plan. If Lessor approves of the Alterations Space Plan ($1,000,000.00or is deemed to have approved of the Alterations Space Plan), Lessee shall prepare final construction drawings (the plans “Alterations Construction Drawings”) for the Alterations (if deemed necessary by Lessee and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvementsLessor). Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord Lessor shall have the right to record object to the Alterations Construction Drawings based upon the following two (2) criteria only: (i) the scope of the Alterations has materially changed from the scope of the Alterations depicted in the Alterations Space Plan or (ii) the Alterations fail to satisfy the Approval Standards. The Alterations Construction Drawings shall be delivered to Lessor for its approval based upon the above-mentioned criteria only, which shall not be unreasonably withheld, conditioned or delayed. Lessor shall deliver its approval or disapproval to Lessee in writing within ten (10) business days following its receipt of the Alterations Construction Drawings, and post notices if Lessor shall fail to approve or disapprove of nonresponsibility on the Demised PremisesAlterations Construction Drawings within such ten (10) business day period, Lessor shall be deemed to have approved of the Alterations Construction Drawings. Within a reasonable time period prior to commencing In the alterationsevent Lessor shall disapprove of the Alterations Construction Drawings, additions or improvements, Tenant Lessor shall provide Landlord Lessee with copies Lessor's written objections thereto in reasonable detail and Lessee shall promptly revise the Alterations Construction Drawings to address Lessor's objections. The foregoing procedure shall be repeated until Lessor approves of all plans and specifications prepared in connection with any such alteration, addition (or improvement, as well as copies of each material amendment and change thereto, if and when applicableis deemed to have approved of) the Alterations Construction Drawings. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property Upon completion of the owner thereof with the right of removalAlterations, whether or not affixed and or attached Lessee shall deliver to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end Lessor one set of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove as-built drawings for the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom in both hard copy and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionelectronic format.
Appears in 2 contracts
Samples: Net Commercial Lease, Net Commercial Lease (Audentes Therapeutics, Inc.)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall not make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good alterations and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior additions to Tenant's commencement of any Alterations costing ’s Premises except in excess of One Million Dollars ($1,000,000.00), the accordance with plans and specifications therefor shall be submitted to Landlord for first approved by Landlord's review and approval, which approval shall not be unreasonably "withheld withheld, delayed or delayed provided conditioned. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion are reasonably likely to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the provisions Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this subparagraph Lease with respect to Tenant’s insurance obligations (vherein called “Insurance Requirements”) shall not apply nor deemed a waiver of Tenant’s obligations under this Lease with respect to initial tenant improvements needed applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent completeness, design sufficiency or compliance of such plans, specifications and work with the requirement set forth aboveapplicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be required acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to obtain lien Landlord's ’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (which notice shall specifically refer to Alterations this Section 5.12) and for which are a subtenant's initial tenant improvementsLandlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. Any Alteration shall, when completed, All of Tenant’s alterations and additions and installation of furnishings shall be of coordinated with any work being performed by Landlord and in such character manner as to maintain harmonious labor relations and not to reduce damage the value Buildings or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct Site or interfere with any existing casementconstruction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, cabling and wiring shall be performed by Landlord’s general contractor (whose prices shall be competitive and reasonable taking into consideration the quality and nature of the work) or by contractors or workers first reasonably approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. To the extent usual and customary in light of the nature of the work being performed, Tenant shall notify also prepare and submit to Landlord a set of as-built plans, in writing 30 days prior both print and electronic forms, showing such work performed by Tenant to commencing the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Demised Premises so Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to record provide such rules and post notices regulations relative to the performance of nonresponsibility any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Demised PremisesPremises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies pay, as Additional Rent, 100% of all plans and specifications prepared in connection with any such real estate taxes on the Complex which shall, at any time after commencement of the Term, result from any alteration, addition or improvement, as well as copies of each material amendment improvement to the Premises made by Tenant. Tenant acknowledges and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant agrees that Landlord shall remain the property of be the owner thereof with of any additions, alterations and improvements in the right of removal, whether Premises or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, Building to the extent required paid for by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 2 contracts
Samples: Lease Agreement (Proteon Therapeutics Inc), Lease Agreement (Proteon Therapeutics Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior any alterations, additional installations, modifications, substitutions, additions or improvements and decorations (collectively, "“Alterations"”) in and or to the Demised Premises, subject only except pursuant to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) Exhibit “D”, without the Landlord’s prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approvalconsent, which approval consent shall not be unreasonably "withheld withheld, delayed or delayed provided that conditioned. Tenant shall only utilize contractors reasonably approved by Landlord. Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord, and Tenant agrees to carry, and to cause Tenant’s contractors and sub-contractors to carry such workmen’s compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Upon completion of any Alterations, Tenant shall deliver to Landlord one set of “as-built” plans and specifications therefor. All fixtures and all paneling, partitions, and like Alterations (but not FF&E Work, including therein any racking or railing system installed by Tenant which Tenant shall remove upon the provisions expiration or earlier termination of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant the Lease), installed in the Demised Premises; and
(vi) To , either by Tenant or by Landlord on Tenant’s behalf, shall become the extent not inconsistent property of Landlord and shall remain upon and be surrendered with the Demised Premises upon the expiration or earlier termination of the Lease, unless Landlord, by notice to Tenant given no later than 20 days prior to the Expiration Date of this Lease (or within 20 days after the earlier termination hereof), elects to have them removed by Tenant, in which event, the same (except for, Tenant’s Work, Landlord’s Work, done pursuant to Exhibit D, but including other Alterations [unless at the time of Tenant’s request for approval of installation, Landlord advises Tenant in writing that such Alterations need not be removed upon expiration or earlier termination of this Lease, and, if after Tenant’s written notice to Landlord to request such determination, if Landlord does not so advise Tenant of the requirement set forth aboveof removal of all or any of such Alterations, Tenant shall not be required to obtain remove such Alterations at the expiration or earlier termination of this Lease], and furniture, fixtures and equipment installed by or for Tenant, in connection with Tenant’s occupancy of the Demised Premises) shall be removed from the Demised Premises by Tenant. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the Demised Premises or upon removal of other installations as may be required by Landlord's consent , Tenant shall immediately and at its expense, repair and restore the Demised Premises to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not the condition existing prior to reduce the value or utility of installation (subject to ordinary wear and tear) and repair any damage to the Demised Premises or the Building Property due to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicableremoval. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed property that was permitted or required to be removed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave Term but which remains in the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on for 10 business days after Tenant vacates the Demised Premises shall be deemed abandoned and may, at the end election of the term shall become the property of Landlord without payment therefor by Landlord, and shall either be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by retained as Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any ’s property or all of such Alterations may be removed from the Demised Premises, to the extent required Premises by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionLandlord at Tenant’s expense.
Appears in 2 contracts
Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall not make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good alterations and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior additions to Tenant's commencement of any Alterations costing ’s Premises except in excess of One Million Dollars ($1,000,000.00), the accordance with plans and specifications therefor shall be submitted to Landlord for first approved by Landlord's review and approval, which approval shall not be unreasonably "withheld withheld. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or delayed provided improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the provisions Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this subparagraph Lease with respect to Tenant’s insurance obligations (vherein called “Insurance Requirements”) shall not apply nor deemed a waiver of Tenant’s obligations under this Lease with respect to initial tenant improvements needed applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent completeness, design sufficiency or compliance of such plans, specifications and work with the requirement set forth aboveapplicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but not including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of (i) $150.00 per hour, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to obtain Landlord's consent comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to Alterations provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which are a subtenant's initial tenant improvementsmay so attach. Any Alteration Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, when completed, be of such character as not to reduce the value or utility at any time after commencement of the Demised Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alterationthe extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify have the right, without obtaining the prior consent of Landlord in writing 30 days but upon prior notice to commencing any Landlord, to make alterations, additions or improvements to the Demised Premises so that Landlord where:
(i) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no signs on windows);
(ii) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building;
(iii) the cost of any individual alteration, addition or improvement shall have not exceed $30,000.00 and the right to record and post notices aggregate cost of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the said alterations, additions or improvementsimprovements made by Tenant during the Lease Term shall not exceed $120,000.00 in cost;
(iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall provide pay for any such increase in cost; and provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord with copies of all plans and specifications prepared describing the same in connection with any reasonable detail and provided further that Landlord, by notice to Tenant given at least thirty (30) days prior to the expiration or earlier termination of the Lease Term, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord improvement at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary or earlier termination of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionTerm.
Appears in 2 contracts
Samples: Lease Agreement (Flexion Therapeutics Inc), Lease Agreement (Flexion Therapeutics Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior any alterations, additional installationsadditions, modifications, substitutions, or improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Leased Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the Landlord’s prior written approval of Landlord, consent. Tenant shall make no Alterations (x) which are structural promptly remove any alterations, additions, or improvements constructed in nature or adversely affect in any way the structure violation of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Leaseparagraph upon Landlord’s written request. In additionAll approved alterations, without the prior written approval of Landlordadditions, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall and improvements will be performed accomplished in a good and workmanlike manner and manner, in compliance conformity with all applicable laws and requirements of governmental authorities having jurisdiction regulations, and applicable insurance requirements by a contractor approved by Landlord. Tenant shall apply for and shall not violate any term of any agreement obtain all requisite approvals, consents or restriction to which the Demised Premises are subject;
(iv) Tenantpermits for such work, at its Tenant’s sole cost and expense, shall cause its contractors . Landlord may require Tenant to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing remove any alterations, additions or improvements (whether or not made with Landlord’s consent) at the termination of this Lease and to restore the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premisesits prior condition, all at Tenant’s expense. Within a reasonable time period prior to commencing the All alterations, additions or improvements, and improvements which Landlord has not required Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the Landlord’s property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at upon the expiration of the term termination of this Lease; provided however, except that Tenant may remove any of Tenant’s furniture and equipment which can be removed without material damage to the Leased Premises. Tenant shall repair, at Tenant’s expense, any damage to the Leased Premises caused by the removal of any such furniture or equipment. Tenant shall keep the property free from any and all liens arising out of the work performed or materials furnished in making improvements to the Leased Premises, and if a lien shall be filed will post a bond or otherwise cause same to be removed within five (5) days of notice thereof. Tenant shall not have the Lease term ends right to encumber the Leased Premises, including any covenants and restrictions or liens of any kind whatsoever. Tenant shall strictly comply with the Construction Lien Law of the State of Florida. Tenant agrees to obtain and deliver to Landlord prior to the thirteenth (13th) anniversary commencement of any work or alteration or the Lease Commencement Datedelivery of any materials, if so requested by Landlord, Tenant shall, at its sole cost a written and expense and in as expeditious a manner as possible remove any or all unconditional waiver of such Alterations from contractors’ liens with respect to the Demised Leased Premises, the Building and the parcel for all work, service or materials to be furnished at the request or for the benefit of Tenant to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionPremises.
Appears in 2 contracts
Samples: Office Lease Agreement (Sensus Healthcare, Inc.), Office Lease Agreement (Sensus Healthcare, LLC)
Alterations. Tenant may install tenant finishes in After the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of LandlordCommencement Date, Tenant shall not make no or permit any Alterations in, on or about the Premises, except for nonstructural Alterations that do not impact the Building systems nor exceed One Thousand Dollars (x$1,000.00) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additioncost, without the prior written approval consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing Tenant shall not, without the prior written consent of Landlord, make no any: (i) Alterations to any portion of the exterior or elevation of the Building.
; (ii) Alterations to and penetrations of the roof of the Building; and (iii) any Alterations visible from outside the Premises, including the Common Area, to which Landlord may withhold Landlord’s consent on wholly aesthetic grounds. All Alterations shall be performed installed at Tenant’s sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and in compliance design with all applicable laws and requirements the Premises existing as of governmental authorities having jurisdiction and applicable insurance requirements the Commencement Date, and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce diminish the value or utility of either the Demised Premises Building or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant be and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, upon installation and shall not be surrendered deemed Tenant’s Personal Property; provided, however, that if Landlord informed Tenant at the time of its approval of any Alterations that Tenant would be required to Landlord remove such Alterations from the Premises at the expiration of the term or sooner termination of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, then Tenant shall, at its sole cost and expense and in as expeditious a manner as possible Tenant’s expense, remove any or all of such Alterations from the Demised Premises, Premises at the expiration or sooner termination of this Lease and restore the Premises to their condition existing prior to the extent required installation of such Alterations. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by Landlordit to the Premises. Tenant further agrees shall give Landlord written notice of Tenant’s intention to repair perform work on the Premises at least twenty (20) days prior to the commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionsuch work.
Appears in 2 contracts
Samples: Standard Office Lease (VirnetX Holding Corp), Standard Office Lease (Pasw Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior alterationsor permit to be made any altexxxxxns, additional installationsadditions, modifications, substitutions, modifications or improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
Premises (i) any Alterations shall be made at Tenant's sole cost including without limitation painting and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(iicarpeting) without the prior written approval consent of Landlord, which consent will not be unreasonably withheld, provided that such alterations, additions, modifications or improvements are not structural or involve Building systems in which case Landlord’s consent may be withheld in Landlord’s sole discretion. If Tenant desires to make any such alterations, additions, modifications or improvements, a duplicate set of plans for the same shall make no Alterations (x) first be submitted to and approved by Landlord and Landlord shall have the right to request reasonable revisions and corrections to the plans, all of which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations corrections and revisions shall be performed incorporated by Tenant (with revised duplicate sets delivered to Landlord). All such work shall be done by Tenant, at its own expense, and Tenant agrees that all such work shall be done in a good and workmanlike manner (Landlord having the right to approve all contractors, all of whom shall be bonded and properly licensed) in compliance accordance with the approved plans therefor and all applicable laws Requirements, that the structural integrity of the Building shall not be impaired, that no liens shall attach to the Premises or the Property by reason therefor, and requirements that Tenant will secure all necessary permits pertaining to the aforementioned alterations, additions, modifications or improvements. Tenant shall reimburse Landlord upon demand therefor for all reasonable costs and expenses incurred by Landlord in connection with its review of governmental authorities having jurisdiction such plans and applicable insurance requirements the inspection of the work contemplated thereby. Tenant has no authority or power, express or implied, to create or cause to be created or to consent to any lien, charge or encumbrance of any kind against the Premises or the Property. Tenant shall pay before delinquency all costs for work done or caused to be done by Tenant in the Premises which could result in any lien or encumbrance on Landlord’s interest in the Property or any part thereof, shall keep the title to the Property and every part thereof free and clear of any lien or encumbrance with respect to such work and shall not violate indemnify and hold harmless Landlord against any term claim, loss, lien, cost, demand or legal or other expense, whether in respect of any agreement lien, injury to person or restriction property (including the Building) or otherwise, arising out of the work performed or to which be performed at the Demised Premises are subject;
(iv) Tenantor the supply of material, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained services or labor for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall immediately notify Landlord in writing 30 days prior of any such lien, claim of lien or other action of which it has knowledge and which affects the title to commencing the Property or any part thereof and shall cause the same to be removed within ten (10) days, failing which Landlord may take such action as Landlord deems necessary to remove the same and the cost thereof (including reasonable attorneys’ fees) shall be immediately due and payable by Tenant to Landlord. All alterations, additions additions, improvements and fixtures (other than Tenant’s personal property, provided the same are installed at no cost or improvements expense to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions Landlord) which may be made or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant either party upon the Premises shall be and remain the property of the owner thereof Landlord and shall remain upon and be surrendered with the right of Premises, unless Landlord requests their removal, whether or not affixed and or attached to the real estate and the owner thereof in which event Tenant shall be entitled to remove the same or any part thereof during and restore the term or at the end of the term provided hereinPremises to its original condition, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant taking into account normal wear and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shalltear, at its Tenant’s sole cost and expense and in as expeditious a manner as possible remove any or all Tenant shall pay the entire cost of such Alterations from removal. If Tenant fails to remove such property and restore the Demised PremisesPremises as aforesaid, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) days after Tenant’s receipt of Landlord’s written demand therefor. In connection with the installation of any alterations, additions, modifications and improvements, including without limitation, any described in Article 2 hereof, Tenant shall be responsible for and pay any construction management fee charged by the property manager, provided the fee does not exceed ten percent (10%) of the sum of hard costs, soft costs and permit fees of any such installation of alterations, additions, modifications or improvements; provided, however, that the construction management fee shall not exceed five percent (5%) with respect to the extent required by Landlord. initial Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises Improvements described in a commercially reasonable conditionSection 2.4.
Appears in 2 contracts
Samples: Commercial Office Lease (Technest Holdings Inc), Commercial Office Lease (Technest Holdings Inc)
Alterations. Tenant may install Other than the construction of the Project, which shall be governed by the provisions of Article III of the Mortgage Loan Agreement, Borrowers shall, or shall cause Mortgage Borrowers to, obtain Lender’s prior consent to any material alterations to any Improvements, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on any Borrower’s or Mortgage Borrower’s financial condition, the value of the Collateral, the applicable Property or the Net Operating Income, provided that such alterations (a) are made in connection with tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and improvement work performed pursuant to the Demised Premisesterms of any Lease, subject only to (b) do not materially adversely affect any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the following conditions:
exterior of any building constituting a part of any Improvements and the aggregate cost thereof does not exceed the Alteration Threshold Amount, or (ic) any Alterations shall be made at Tenant's sole cost are performed in connection with the Restoration of a Property after the occurrence of a Casualty or Condemnation in accordance with the terms and expense so that provisions of the Demised Premises shall at all times be free of liens for labor Mortgage Loan Agreement and materials supplied to this Agreement. To the Demised Premises;
(ii) without the extent Lender’s prior written approval of Landlordis required pursuant to this Section 5.1.21, Tenant Lender shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least have fifteen (15) days prior Business Days from receipt of written request and any and all reasonably required information and documentation relating thereto in which to Tenant's commencement approve or disapprove such request and such written request shall state thereon in bold letters of any Alterations costing in excess of One Million Dollars 14 point font or larger that action is required by Lender. If Lender fails to approve or disapprove the request within such fifteen ($1,000,000.00)15) Business Days, the plans and specifications therefor Lender’s approval shall be submitted deemed given. Should Lender fail to Landlord approve any such request, Lender shall give Borrowers written notice setting forth in reasonable detail the basis for Landlord's review such disapproval. In no event shall Lender require any “consent fee” as a condition to any required approval. If the total unpaid amounts due and approvalpayable with respect to alterations to the Improvements at any Property (other than such amounts to be paid or reimbursed by tenants under the Leases) shall at any time exceed the Alteration Threshold Amount, which approval Borrowers shall not be unreasonably "withheld or delayed provided promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrowers’ obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and that the provisions applicable Rating Agencies have confirmed in writing will not, in and of this subparagraph itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned to any Securities or any class thereof in connection with any Securitization, (vD) shall not apply to initial tenant improvements needed to locate a subtenant Letter of Credit, or (E) a completion and performance bond issued by an Approved Bank; provided, however, that (i) in the Demised Premisesevent (A) Mortgage Borrowers are required to and do deliver such security to Mortgage Lender under the Mortgage Loan Agreement, or (B) if the Mortgage Loan has been paid in full, First Mezzanine Borrowers are required to and do deliver such security to First Mezzanine Lender under the First Mezzanine Loan Agreement; and
and (viii) To upon request, Lender receives evidence reasonably acceptable to it of the extent not inconsistent with the requirement set forth abovedelivery of such security by Mortgage Borrowers to Mortgage Lender, Tenant or by First Mezzanine Borrowers to First Mezzanine Lender, as applicable, then Borrowers shall not be required to obtain Landlord's consent deliver any such security to Alterations which are a subtenant's initial tenant improvementsLender. Any Alteration shall, when completed, be of such character Such security (if given as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction set forth above) shall be in or connect an amount equal to the improvements with any property, building or other improvement located outside the boundaries excess of the Land, nor shall the same obstruct or interfere total unpaid amounts with any existing casement. Tenant shall notify Landlord in writing 30 days prior respect to commencing any alterations, additions or improvements alterations to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility Improvements on the Demised Premises. Within a reasonable time period prior applicable Property (other than such amounts to commencing be paid or reimbursed by tenants under the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans Leases) over the Alteration Threshold Amount and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or continuance of an Event of Default, Lender may apply such security from time to time at the end option of the term provided herein, provided that Lender to pay for such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionalterations.
Appears in 2 contracts
Samples: Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior any alterations, additional installations, modifications, substitutions, additions or improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval consent of Landlord. Notwithstanding the foregoing, Tenant shall make no Alterations (x) which have the right to install mechanical systems that are non-structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the for Tenant’s operations so long as Tenant obtains Landlord’s prior written approval of Landlordsame and Tenant complies with all terms and conditions of this Paragraph 6. Additionally, Tenant shall make no Alterations to any portion remove such mechanical systems at the expiration or earlier termination of the exterior or elevation Lease and restore the Premises to their original condition if Landlord informs Tenant at any time during the term of the Building.
Lease of this requirement. Any alterations, additions or improvements performed by Tenant shall be in accordance with all of the terms and conditions of this Paragraph 6. All work to be performed by Tenant under this Paragraph 6 shall be performed in accordance with plans and specifications approved in advance by Landlord and in compliance with all applicable codes, rules, regulations, ordinances and laws by licensed contractors who are approved in advance by Landlord and who carry policies of workers’ compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be designated as an additional insured on such certificates. Tenant shall furnish to Landlord written evidence of security to assure Landlord that all work performed pursuant to this Paragraph shall be free and clear of all mechanic’s liens or other liens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord Entities harmless from and against any and all costs (iiiincluding attorneys’ fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the work performed in accordance with this Paragraph. Tenant, at its own cost and expense, may erect such shelves, bins machinery and trade fixtures as it desires provided that (a) any Alterations such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises arc a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character so as not to reduce damage or alter the value primary structure or utility structural qualities of the Demised Building and other improvements situated on the Premises or of which the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within are a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionpart.
Appears in 2 contracts
Samples: Lease Agreement, Commercial Lease Agreement (Power Solutions International, Inc.)
Alterations. Tenant may install tenant finishes in Except for cosmetic alteration projects that do not exceed $20,000.00 during each calendar year and that do not affect the Demised ----------- Premises and make interior alterationsstructural, additional installationselectrical or mechanical components or systems of the Building, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to are not visible from the Demised exterior of the Premises, subject do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord but not Landlord’s consent), Tenant shall make no Alterations alterations, additions, decorations, or improvements (xcollectively referred to as “Alterations”) which are structural in nature or adversely affect in any way to the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, Premises without the prior written approval consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall make no use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations to any portion of and shall perform the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and work in compliance with all applicable laws laws, regulations and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenantrequiring a permit, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove a supervision fee in the same or any part thereof during the term or at the end amount of 5% of the term provided hereincost of the Alterations. Landlord may elect to cause its architect to review Txxxxx’s architectural plans, provided and the reasonable cost of that such owner review shall repair any damage caused be reimbursed by such removalTxxxxx. Except Should the Alterations proposed by Txxxxx and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided hereinin the Work Letter), all Alterations made or installed by Tenant but excluding moveable trade fixtures and furniture, shall remain become the Property property of Tenant Landlord and Tenant shall have be surrendered with the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Term, except that Landlord without payment therefor may, by Landlord, and shall be surrendered notice to Landlord Tenant given at the expiration time of Landlord’s approval, require Tenant to remove by the term Expiration Date or sooner termination date of this Lease; provided however, if the Lease term ends prior all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the thirteenth Work Letter) installed either by Tenant or by Landlord at Tenant’s request (13th) anniversary collectively, the “Required Removables”). In connection with its removal of the Lease Commencement Date, if so requested by LandlordRequired Removables, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to shall repair any damage resulting therefrom to the Premises arising from that removal and leave shall restore the Demised Premises in a commercially affected area to its pre-existing condition, reasonable conditionwear and tear excepted.
Appears in 2 contracts
Samples: Lease Agreement (Robot Cache US Inc.), Lease Agreement (Robot Cache US Inc.)
Alterations. Tenant may install tenant finishes shall not permit alterations in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and or to the Demised PremisesLeased Premises unless and until the plans and the contractor have been approved by Landlord in writing. As a condition of such approval, subject only Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease to the following conditions:
(i) any Alterations condition existing prior to the installation of such alterations; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made at Tenant's sole cost in accordance with all applicable laws, regulations and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordbuilding codes, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and of quality equal to or better than the original construction of the Building and that its contractors comply with the terms and conditions of Landlord’s building standards (which Landlord agrees to furnish to Tenant upon request therefor). Upon completion of the work, Tenant shall provide lien waivers from the subcontractors or a final affidavit of lien waiver from the general contractor, and such lien waiver shall be in compliance with all applicable laws a form reasonably acceptable to Landlord. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and requirements of governmental authorities having jurisdiction and applicable insurance requirements and nothing in this Lease shall not violate any term be construed to constitute a consent by Landlord to the creation of any agreement lien. If any lien is filed against the Leased Premises for work claimed to have been done for or restriction material claimed to which the Demised Premises are subject;
(iv) have been furnished to Tenant, at its sole cost and expense, Tenant shall cause its contractors such lien to maintain builder's risk insurance and such other insurance be discharged of record or bonded from the Project within thirty (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (1530) days prior after Tenant’s actual notice of such lien filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration to Tenant's commencement of the Leased Premises by Tenant and any Alterations costing in excess of One Million Dollars ($1,000,000.00), related lien. Notwithstanding anything to the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth contrary above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record make alterations to the Leased Premises without obtaining Landlord’s prior written consent provided that (i) excluding replacing carpeting and post notices other floor coverings, such alterations do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) in cost in any one instance; (ii) such alterations are non-structural in nature and do not affect the Building systems; and (iii) Tenant provides Landlord with prior written notice of nonresponsibility its intention to make such alterations stating in reasonable detail the nature, extent and estimated cost of such alterations together with the plans and specifications for the same no less than ten (10) days before the date on which Tenant anticipates commencing construction of the Demised Premisessame. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all the as-built plans and specifications prepared in connection with any such alterationspecifications, addition or improvement, as well as copies of each material amendment and change theretoincluding CAD drawings, if and when applicableavailable, reflecting all such alterations, improvements or additions as completed within fifteen (15) days after the completion thereof. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached Notwithstanding anything to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises contrary in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; , Landlord shall not construct any floors above the Building or place any other improvements thereon other than as specifically provided however, if in the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost Plans and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionSpecifications.
Appears in 2 contracts
Samples: Lease Agreement (Container Store Group, Inc.), Lease Agreement (Container Store Group, Inc.)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior or allow to be made any alterations, additional installations, modifications, substitutions, additions or improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only either at the inception of this Lease or subsequently during the Term, except as permitted pursuant to Section 8.04 below, without obtaining the prior written consent of Landlord. Landlord shall not unreasonably withhold or delay its consent to any alterations, additions or improvements to the following conditions:
interior of the Premises proposed by Tenant, except to the extent such alterations, additions or improvements (i) any Alterations shall be made at Tenant's sole cost and expense so that affect the Demised Premises shall at all times be free structural elements of liens for labor and materials supplied to the Demised Premises;
Building; (ii) without affect the prior electrical, mechanical or plumbing systems of the Building; (ii) are visible from outside the Building or (iii) affect the improvements to the Premises constructed by Landlord. Tenant shall deliver to Landlord full and complete plans and specifications of all such alterations, additions or improvements, and no such work shall be commenced by Tenant until Landlord has given its written approval of Landlordthereof. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, lawful ordinances, etc. Further, Tenant shall make no Alterations (x) which are structural indemnify and hold Landlord harmless from any loss, cost or expense, including attorneys’ fees and costs, incurred by Landlord as a result of any defects in nature design, materials or adversely affect in any way workmanship resulting from Tenant’s alterations, additions or improvements to the structure of the Demised Premises; . All repairs, alterations, additions, and restoration by Tenant hereinafter required or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations permitted shall be performed done in a good and workmanlike manner and in compliance with all applicable laws and requirements lawful ordinances, by-laws, regulations and orders of governmental authorities having jurisdiction any federal, state, county, municipal or other public authority and applicable insurance requirements and of the insurers of the Building. Tenant shall not violate any term permit liens of any agreement kind to be imposed upon the Premises or restriction to which the Demised Premises are subject;
Building and Tenant shall discharge of record any such liens or post adequate security or bond within five (iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (155) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars after written notice thereof. Tenant shall reimburse Landlord for Landlord’s reasonable charges for Verus Lease v06 -20- February 2, 2005 ($1,000,000.00), the 8:51 pm) reviewing and approving or disapproving plans and specifications therefor for any alterations proposed by Tenant, and as a deposit against such obligation Tenant shall be submitted submit to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply with each request to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, make any alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so a deposit of Five Hundred Dollars ($500). Landlord shall refund all or any part of such deposit not actually expended or incurred by Landlord for reviewing and approving or disapproving Tenant’s plans as permitted herein. Tenant shall also reimburse Landlord for the costs of any increased insurance premiums incurred by Landlord to include such alterations in the Landlord’s all risk insurance coverage requirements set forth in Section 5.01; provided, however, that Landlord shall have be required to include the right Tenant’s alterations under Landlord’s all risk insurance only to record the extent such insurance is actually obtained by Landlord and post notices such alterations are insurable under Landlord’s insurance. If such Tenant alterations are not or cannot be included in the coverage of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvementsLandlord’s insurance, Tenant shall provide Landlord with copies of insure the alterations under Tenant’s all plans and specifications prepared risk insurance policy or policies as set forth in connection with Section 5.01. Tenant shall require that any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed contractors used by Tenant or assignees, subtenants or licensees carry a comprehensive liability insurance policy covering bodily injury in the amounts of Two Million Dollars ($2,000,000) per person and Two Million Dollars ($2,000,000) per occurrence and covering property damage in the amount of Two Million Dollars ($2,000,000) per occurrence. Tenant shall remain the property of the owner thereof with the right of removalobtain, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property on behalf of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its Tenant’s sole cost and expense expense, before proceeding with any alteration the cost of which exceeds Five Thousand Dollars ($5,000) a completion and in as expeditious a manner as possible remove any lien indemnity bond, or all other surety, reasonably satisfactory to Landlord for such alteration. Landlord may require proof of such Alterations from insurance prior to commencement of any work on the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 2 contracts
Samples: Consent to Assignment Agreement (Zogenix, Inc.), Consent to Assignment Agreement (Zogenix, Inc.)
Alterations. Subsequent to the completion of any Landlord’s Work pursuant to Section 2, Tenant shall not attach any fixtures, equipment or other items to the Premises, or paint or make any other additions, changes, alterations, repairs or improvements (collectively hereinafter “alterations”) to the Premises, Building or Property without Landlord’s prior written consent, which with respect to alterations to the Premises will not be unreasonably withheld, conditioned or delayed so long as Tenant is not then in default of this Lease (beyond any applicable cure period). If Landlord consents to any alteration, Landlord may post notices of nonresponsibility in accordance with law. Any alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, except that Landlord may, but subject to the next grammatical sentence, within thirty (30) days before the expiration or earlier termination hereof elect in writing to require Tenant to remove any or all alterations at Tenant’s sole cost and expense. At the time Tenant submits plans for requested alterations to Landlord for Landlord’s approval, Tenant may install tenant finishes in request Landlord to identify which alterations Landlord will require Tenant to remove at the Demised ----------- Premises termination of or expiration of this Lease, and Landlord shall make interior such identification simultaneous with its approval (if any) of the alterations. If Landlord elects to require removal of alterations, additional installations, modifications, substitutions, improvements then at its own and decorations sole cost Tenant shall restore the Premises to substantially the same the condition (collectively, "Alterations"reasonable wear and tear and damage from fire or other insured casualty excepted) in and existing prior to the Demised Premisesinstallation of such alteration or improvement, subject only before the last day of the term. Notwithstanding anything contained in this Lease to the following conditions:
contrary, Landlord’s consent shall not be required for (i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free interior decorative changes such as partitioning, carpeting, installation of liens shelves, painting, wallpapering, or for labor and materials supplied to the Demised Premises;
(ii) without any non-structural alterations which do not affect the prior written approval Building’s structure or the Building Systems and Equipment, provided, that any of Landlordthe foregoing in either (i) or (ii) above do not require a building permit and do not cost more than $10,000.00 in any one particular instance (collectively, “Cosmetic Alterations”). Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance provide Landlord with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement advance notice of any Alterations costing in excess of One Million Dollars ($1,000,000.00)proposed Cosmetic Alterations. Except as expressly set forth to the contrary above, the plans and specifications therefor Tenant shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that otherwise comply with the provisions of this subparagraph (v) shall not apply Section 10 with respect to initial tenant improvements needed to locate a subtenant Cosmetic Alterations in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by if they were alterations requiring Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition’s consent hereunder.
Appears in 2 contracts
Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)
Alterations. Tenant shall not make any alterations to the Premises (“Alterations”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, provided however that Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free non-structural alterations costing less than $10,000 per event without Landlord’s consent. Regardless of liens whether Landlord’s consent for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordan Alteration is required, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, must provide Landlord at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) business days prior to Tenant's the commencement of any Alterations costing Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent accordance with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility laws of the Demised state in which the Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicableare located. All of Alterations made by Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached subject to the real estate and the owner thereof Landlord’s consent, shall be entitled performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Landlord shall respond to remove Tenant within fifteen (15) business days of actual receipt of Tenant’s written request for consent to any Alterations. If Landlord fails to respond within thirty (30) days of actual receipt, the same or any part thereof during the term or Alterations shall be deemed approved and not subject to removal at the end of the term provided hereinTerm. At the time Landlord gives its consent to any Alterations, provided that such owner it shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by designate whether Tenant shall remain the Property of Tenant and Tenant shall have the right will be required to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any some or all of such Alterations from upon the Demised expiration or termination of this Lease or whether Tenant will be able to leave the Alterations and surrender them with the Premises. Everything else notwithstanding, in no event will Tenant be required to remove or restore Alterations that are generic office tenant improvements or engineering (dry) labs. Landlord may, upon 60 days prior written notice before the expiration of the Term, require Tenant to remove some or all of the Alterations for which Landlord’s consent was not previously requested. Before the last day of the Term, Tenant shall at its own cost also remove those Alterations for which Landlord previously notified Tenant removal would be required. If Landlord so elects, Tenant shall at its own cost restore those Alterations for which consent was not previously requested to the condition designated by Landlord in its election, before the last day of the Term. Should Landlord consent in writing to Tenant’s Alteration of the Premises, to Tenant shall contract with a contractor approved by Landlord for the extent required construction of such Alterations, shall secure all appropriate governmental approvals and permits, and shall complete such Alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant further agrees shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding anything in this Lease to repair the contrary, Landlord will inspect the existing alterations and improvements in the Premises within ninety (90) days of the date the Lease is executed in full by both parties, and Tenant shall not be obligated to remove any damage resulting therefrom elements of the existing alterations and leave improvements that Landlord approves, but subject to the Demised paragraph immediately above, shall be obligated to remove as of the Expiration Date of this Lease any alterations and improvements to the Premises made subsequent to the Commencement Date of the Prior Lease (as defined below) which Landlord has not approved in a commercially reasonable conditionwriting. If Landlord fails to inspect or provide written notice regarding its approval to Tenant within the ninety (90) day period described above, all existing alterations and improvements shall be deemed approved and need not be removed as of the Expiration Date of this Lease.
Appears in 2 contracts
Samples: Standard Single Tenant NNN Lease (Lsi Logic Corp), Standard Single Tenant NNN Lease (Lsi Logic Corp)
Alterations. (a) Tenant may install tenant finishes in shall not make or allow to be made: (i) any exterior, mechanical or structural alteration to the Demised ----------- Premises Building and/or parking lots, regardless of the cost of such alteration; and make interior (ii) any other material alterations, additional installationsadditions or improvements in or to the Premises, modifications, substitutions, improvements and decorations the cost of which is greater than or equal to $15,000.00 (collectively, "Alterations") in and to without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed so long as such actions would not potentially reduce the Demised fair market value of the Premises, subject only to the following conditions:.
(ib) any Tenant agrees that all Alterations and other minor improvements and alterations (regardless of whether Landlord's consent is required) shall be made done at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner by licensed and insured contractors and subcontractors, that the structural integrity of the Building shall not be impaired, and that no liens shall attach to all or any part of the Premises, the Building, or the Property by reason thereof. Tenant shall obtain, at its sole expense, all permits and other governmental approvals required for such work.
(c) Unless otherwise elected by Landlord as hereinafter provided, all Alterations and other minor improvements and alterations made by Tenant shall become the property of Landlord and shall be surrendered to Landlord on or before the Lease Expiration Date, except as otherwise set forth in compliance with all applicable laws this Lease. Notwithstanding the foregoing, movable equipment, trade fixtures, personal property, furniture, and requirements of governmental authorities having jurisdiction and applicable insurance requirements any other items that can be removed without material harm to the Premises will remain Tenant's property (collectively, "Tenant Owned Property") and shall not violate any term become the property of any agreement or restriction to which the Demised Premises are subject;
(iv) Landlord but shall be removed by Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by not later than the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementLease Expiration Date. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense all damage caused to the Premises and in as expeditious a manner as possible the Building by the removal of any Alterations that Tenant is required to remove and Tenant Owned Property. Landlord may remove any Tenant Owned Property or all Alterations that Tenant is required but fails to remove at the Lease Expiration Date and Tenant shall pay to Landlord the reasonable cost of such Alterations from removal. Tenant's obligations under this Section shall survive the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionexpiration or earlier termination of this Lease.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Lincoln Educational Services Corp)
Alterations. Construction by Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any of Alterations shall be made at Tenant's sole cost and expense so that governed by the Demised Premises following:
A. Except as set forth below, Tenant shall at all times be free not construct any Tenant Alterations or otherwise alter, improve, modify, or perform any work of liens for labor and materials supplied improvement to the Demised Premises;
(ii) Premises without the Landlord's prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the such prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld withheld. However, Tenant shall be entitled, without Landlord's prior approval, to make Tenant Alterations (i) which do not affect the structural or delayed provided that exterior parts or water tight character of the provisions Building, and (ii) the reasonably estimated cost of this subparagraph which, plus the original cost of any part of the Premises removed or materially altered in connection with such Tenant Alterations, together do not exceed the Permitted Tenant Alterations Limit per work of improvement. In the event Landlord's approval for any Tenant Alterations is required, Tenant shall not construct the Tenant Alterations until Landlord has approved in writing the plans and specifications therefor. Such Tenant Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant Alterations (vwhether Landlord's consent is required or not) shall be constructed by a licensed contractor in accordance with all Laws (including the ADA) using new materials of good quality.
B. Tenant shall not apply commence construction of any Tenant Alterations until (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least five days' prior written notice of its intention to initial tenant improvements needed commence such construction, and (iv) if requested by Landlord, Tenant has obtained contingent liability and broad form builders' risk insurance in an amount reasonably satisfactory to locate a subtenant in Landlord if there are any perils relating to the Demised Premisesproposed construction not covered by insurance carried pursuant to the Lease.
C. All Tenant Alterations shall remain the property of Tenant during the Lease Term but shall not be altered or removed from the Premises except with Landlord's advance written permission which such written permission shall not be unreasonably withheld. At the expiration or sooner termination of the Lease Term, all Tenant Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; and
(vi) To provided, however, that if Landlord requires Tenant to remove any Tenant Alterations, Tenant shall so remove such Tenant Alterations prior to the extent not inconsistent with expiration or sooner termination of the requirement set forth aboveLease Term. Notwithstanding the foregoing, Tenant shall not be required obligated to remove any Tenant Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shallapproval, when completed, be Tenant requested of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices inform Tenant of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled Landlord would require Tenant to remove the same or any part thereof during the term or such Leasehold Improvement at the end expiration' of the term provided hereinLease Term; and (iii) at the time Landlord granted its approval, provided it did not inform Tenant that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by it would require Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord such Leasehold Improvement at the expiration of the term of this Lease; provided however, if the Lease term ends prior Term.
D. Landlord's consent to the thirteenth (13th) anniversary construction of Tenant Alterations shall not be unreasonably withheld. Landlord's consent to construction of Tenant Alterations and Landlord's approval of plans and specifications for Tenant Alterations shall not create responsibility or liability on Landlord's part in regard to the Lease Commencement Datecompleteness, if so requested by Landlordcompetency, Tenant shalldesign sufficiency, at its sole cost and expense and in as expeditious a manner as possible remove any or all compliance with Law of such Tenant Alterations from or the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom plans and leave the Demised Premises in a commercially reasonable conditionspecifications therefor.
Appears in 1 contract
Samples: Lease Agreement (Suntek Corp)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior any alterations, additional installationsdecorations, modifications, substitutions, additions or improvements and decorations (collectively, "collectively “Alterations"”) of a structural nature in and or to the Demised Premises, subject only Premises or any Alterations to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that exterior of the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval consent of Landlord in each instance, which consent may be withheld in Landlord, Tenant ’s reasonable discretion. The term “Alterations” shall make no Alterations not include by way of example and not limitation: (x1) which are structural in nature painting or adversely affect in any way the structure wallpapering interior walls of the Demised Premises; (2) hanging pictures and other decorations in a reasonable manner in reasonable locations within the Premises; or (y3) which adversely affect or could render void or invalidate any Warranties under this Leaseinstalling movable personal property such as oriental carpets, plants and the like. In addition, without the prior written approval of Landlord, Tenant shall make no All Alterations to the Premises, or any portion of the exterior or elevation of the Buildingpart 4823-7309-7009.2 STORE / CSI Labs Amended and Restated Lease Agreement 2000 Xxxxxxxx Xx.
(iii) any Alterations , Xxxxxxxxxx, XX File No.: 7210/02-432.1 6 thereof, shall be performed made in a good and workmanlike manner and in compliance with all applicable laws laws, ordinances, rules, regulations, codes and requirements and any recorded covenants, conditions or restrictions relating to the Premises, or any part thereof. All Alterations which are not movable trade fixtures shall be the property of governmental authorities having jurisdiction and applicable insurance requirements Landlord and shall not violate remain upon and be surrendered with the Premises. To the extent any term Alterations will involve changes to the structure or systems of any agreement the Premises, or restriction require a building permit, Tenant shall furnish to which Landlord, prior to the Demised Premises are subject;
(iv) Tenantcommencement of construction, at its sole cost the proposed plans and expensespecifications for Landlord's approval and upon completion of construction, shall cause its contractors to maintain builder's risk insurance "as-built" plans and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained specifications for such workAlterations. Landlord shall provide Tenant with its objections, all with insurers licensed by the State of California;
(v) At least in writing, to Txxxxx's proposed plans and specifications within fifteen (15) business days prior to after receipt from Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the . Tenant shall submit revised plans and specifications therefor shall be submitted to until such time as Landlord for Landlordhas approved Txxxxx's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all proposed plans and specifications prepared for such Alterations. If Landlord fails to object, in connection with any such alterationwriting, addition or improvementto Txxxxx's proposed plans and specifications within fifteen (15) business days after receipt from Tenant, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof Landlord shall be entitled deemed to remove the same or any part thereof during the term or at the end of the term provided herein, provided that have approved such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant proposed plans and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionspecifications. Notwithstanding the foregoing, any Tenant shall have the right, but not the obligation, to remove all Alterations on from the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by LandlordTerm; provided, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, should Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, Tenant shall repair any and all damage to the extent required Premises caused by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionsuch removal.
Appears in 1 contract
Alterations. 15.01. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and any alterations or additions to the Demised Premises, subject only or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord's consent is sought. Notwithstanding anything to the following conditions:
(i) any Alterations contrary contained in this Lease, it is understood and agreed that Landlord shall be made at Tenant's sole cost not unreasonably withhold, condition or delay its consent to non-structural alterations and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied additions to the Demised Premises;
. Landlord's consent shall not be required for the decoration, painting and/or fixturing of the Demised Premises, or for any non-structural work costing less than $20,000 and which does not require a building permit and which does not affect or tie-in to Building mechanical systems ("Decorative Work"). Tenant shall pay to Landlord not later than fifteen days after invoice or notice thereof the reasonable cost and expense of Landlord in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose; provided, however, that (i) there shall be no charge in respect of Landlord's Work or the initial Tenant's Work, (ii) without Landlord shall not charge Tenant for any reviews or inspections performed by in-house personnel, and (iii) in all other instances Landlord shall use reasonable efforts to ensure that any such fees charged are only those necessary to complete the prior written approval task. Before proceeding with any permitted alteration which will cost more than $50,000 (exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable contractor designated by Landlord, Tenant shall make no Alterations obtain and deliver to Landlord either (xi) which are structural a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in nature New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or adversely affect (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in any way the structure force in respect of the Demised Premises; making of alterations. Any review or (y) which adversely affect approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or could render void warranty whatsoever to Tenant in respect of the adequacy, correctness or invalidate any Warranties under this Leaseefficiency thereof or otherwise.
15.02. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to any portion of the exterior or elevation of the Building.
(iii) any be performed in compliance therewith and with all applicable Legal Requirements. Alterations shall be diligently performed in a good and workmanlike manner manner, using new materials and equipment at least equal in compliance with all applicable laws quality and requirements class to the better of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term (a) the original installations of any agreement the Building, or restriction to which (b) the Demised Premises are subject;
(iv) Tenantthen standards for the Building established by Landlord. Except for Decorative Work, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for performed by contractors first approved by Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided delayed; provided, however, that any alterations in or to the provisions mechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of this subparagraph (vthe Building shall be performed only by the contractor(s) approved by Landlord, which approval shall not apply be unreasonably withheld or delayed. Alterations shall be made in such manner as not to initial tenant improvements needed unreasonably interfere with or delay and as not to locate a subtenant impose any additional expense upon Landlord in the Demised Premisesconstruction, maintenance, repair or operation of the Building; and
(vi) To the extent not inconsistent with the requirement set forth aboveand if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall not pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be required to obtain Landlordcarried, worker's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shallcompensation insurance in statutory limits and general liability insurance, when completedwith completed operation endorsement, be of such character as not to reduce the value for any occurrence in or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of about the Building, nor change the character of the Demised Premises or the Building as under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously (at least fifteen days prior thereto) have been furnished to use without Landlord's express written consent. No change, alteration, restoration or new construction Tenant shall be named as additional insureds, in or connect the improvements such limits as Landlord may reasonably require, with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementinsurers reasonably satisfactory to Landlord. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide furnish Landlord with copies reasonably satisfctory evidence that such insurance is in effect at or before the commencement of all plans and specifications prepared in connection with any such alterationalterations and, addition or improvementon request, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof at reasonable intervals thereafter during the term or at the end making of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionalterations.
Appears in 1 contract
Samples: Lease Agreement (Icon CMT Corp)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens Except for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Permitted Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00hereinafter defined), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing make any alterations, additions or improvements to the Demised Premises so that Landlord Property or any part thereof, without obtaining Landlord’s prior written consent in each instance, which consent shall have the right to record and post notices of nonresponsibility on the Demised Premisesnot be unreasonably withheld, conditioned or delayed. Within a reasonable time period prior to commencing the Any alterations, additions or improvements, improvements made by Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain immediately become the property of Landlord and shall remain upon the owner thereof with Property in the right absence of removal, whether or not affixed and or attached an agreement to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removalcontrary. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove install on the Alterations at any time during Property such equipment, trade fixtures, and machinery as, in Tenant’s reasonable opinion, are reasonably necessary for Tenant to conduct its business in the term hereof provided Permitted Facility. Notwithstanding anything to the contrary contained in this Lease, Tenant shall repair be entitled to from time to time do any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term following without first obtaining Landlord’s prior written consent ( “Permitted Alterations”): remodel the interior of the Improvements and/or the exterior appearance of the Improvements or make any additions, alterations, improvements or other modifications to the Improvements that, on an individual basis, is anticipated to cost less than $1,000,000.00. Any alterations with a cost that exceeds or is reasonably expected to exceed $1,000,000.00 shall become require the property prior written approval of Landlord without payment therefor by Landlord, and which shall not be unreasonably withheld, conditioned or delayed. Tenant shall be surrendered required to provide written notice to Landlord at of any alterations, whether Permitted Alterations or not. To the extent Landlord desires that any additions, alterations, improvements or other modifications be removed from the Property upon expiration or termination of the term Term, whether or not Landlord’s approval is otherwise required as to such additions, alterations, improvements or other modifications, within fifteen (15) Business Days after receipt of this Lease; provided howevernotice of such alterations, if the Lease term ends prior Landlord shall notify Tenant in writing whether Landlord desires such alterations to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested remain or be removed by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any prior to Tenant’s vacation of the Property. Any improvements or all alterations made by Tenant without Landlord sending such determination shall not be required to be removed by Tenant, provided that Tenant has given Landlord written notice of such Alterations from the Demised Premises, to the extent improvements or alterations as required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionthis subparagraph.
Appears in 1 contract
Samples: Master Lease Agreement (MedEquities Realty Trust, Inc.)
Alterations. Tenant may install tenant finishes (a) Except as otherwise provided in the Demised ----------- Work Letter Agreement attached hereto as EXHIBIT "D", all installations and improvements now or hereafter placed on or in the Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied subject to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) Paragraph 9 hereof and shall be for Tenant's account and at Tenant's cost land Tenant shall pay au valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as additional rent. Such additional rent shall not apply to initial tenant be construed as including taxes assessed against improvements needed to locate a subtenant in the Demised Premises; andPremises which are subject to personal property taxes. Such personal property taxes shall remain the sole responsibility of the Tenant.
(vib) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing make any alterations, additions or improvements to the Demised Premises without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (1) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (2) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Building's Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (i) do not alter the basic character of the Premises or the Building; (ii) do not overload or damage the same; and (ii) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and improvements shall be Landlord's property when installed in the Premises. All work performed by a Tenant Party in the Premises (including that relating to the installations, repair, replacement, or removal of any item) shall be performed in accordance with applicable law and with Landlord's specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building's Structure or the Premises.
(c) At least five (5) days prior to the commencement of any work permitted to be done by persons requested Tenant on the Premises, the Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of the Colorado Revised Statues (1973). During any such work on the Premises, Landlord, or its representatives, shall have the right to record go upon and post notices of nonresponsibility on inspect the Demised Premises. Within a Premises at all reasonable time period prior to commencing the alterationstimes, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove post and keep posted thereon notices such as those provided for by section 38-22-105(2) C.R.S. (1973) or to take further action which Landlord may deem to be proper for the Alterations at any time during protection of Landlord's interest in the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 1 contract
Samples: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior any alterations, additional improvements, additions, installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") or changes of any nature in and or to the Demised PremisesPremises (any of the preceding, subject only to the following conditions:
“Alterations”) unless (i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
Tenant first obtains Landlord’s written consent, (ii) without the prior written approval of Tenant complies with all conditions which may be imposed by Landlord, Tenant shall make no Alterations (x) which are structural in nature including but not limited to Landlord’s selection of specific contractors or adversely affect in any way construction techniques and the structure requirements of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additionattached Exhibit “C”, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
and (iii) Tenant pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in determining whether to approve any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) Alterations. At least fifteen thirty (1530) days prior to Tenant's making any Alterations, Tenant shall submit to Landlord, in written form, proposed detailed plans of such Alterations. Tenant shall, prior to the commencement of any Alterations, at Tenant’s sole cost, (i) acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations costing (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in excess of One Million Dollars ($1,000,000.00a prompt and expeditious manner), the plans and specifications therefor shall be submitted to (ii) provide Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph with ten (v10) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility days’ prior written notice of the Demised Premises or date the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior installation of the Improvements or reduce the area or cubic content of the BuildingAlterations is to commence, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right can post and record an appropriate notice of non-responsibility, and (iii) obtain (and deliver to record and post notices Landlord proof of) reasonably adequate workers compensation insurance with respect to any of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions Tenant’s employees installing or improvements, involved with such Alterations (which insurance Tenant shall provide Landlord with copies maintain to force until completion of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicablethe Alterations). All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant Alterations shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall upon installation become the property of Landlord without payment therefor by Landlord, and shall remain on and be surrendered to Landlord at with the expiration of Premises on the term Expiration Date or earlier termination of this Lease; provided however, if the Lease term ends prior except that Landlord may, at its election, require Tenant to the thirteenth (13th) anniversary remove any or all of the Lease Commencement DateAlterations, if by so requested by Landlordnotifying Tenant in writing on or about the Expiration Date or earlier termination of this Lease, in which event, Tenant shall, at its sole cost cost, on or before the Expiration Date or earlier termination of this Lease, repair and expense restore the Premises to the condition of the Premises prior to the installation of the Alterations which are to be removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanic’s and materialmen’s liens resulting from or relating to any Alterations or other construction. Tenant may, at its election, contest the correctness or validity of any such lien provided that (a) immediately on demand by Landlord, Tenant procures and records a lien release bond, issued by a corporation satisfactory to Landlord and authorized to issue surety bonds in the state in which the Premises are located, in an amount equal to one hundred fifty percent (150%) of the amount of the claim of lien, which bond meets the requirements of California Civil Code Section 3143 or any successor statute, and (b)Landlord may, at its election, require Tenant to pay Landlord’s attorneys’ fees and costs incurred in participating in such an action. If Tenant fails to cause any such lien to be released within fifteen (15) days after imposition, by payment or posting of a proper bond, Landlord shall have the right (but not the obligation) to cause such release by such means as expeditious a manner as possible remove any or Landlord deems proper. Tenant shall reimburse Landlord upon demand for all of such Alterations costs incurred by Landlord in connection therewith (including attorneys’ fees and costs), with interest at the rate specified in Paragraph 28 from the Demised Premises, date of payment by Landlord to the extent required date of payment by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionTenant.
Appears in 1 contract
Alterations. Tenant shall make no changes in or to the Premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant at Tenant's expense, may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, additions or improvements and decorations (collectively, "Alterations") which are non-structural and which do not affect utility services or plumbing and electrical lines, in and or to the Demised Premises, subject only to interior of the following conditions:
(i) any Premises by using contractors or mechanics from Landlord's approved list of contractors. Tenant agrees that all Alterations shall be made performed by Tenant in accordance with Landlord's Uniform Rules and Regulations for Alterations. Tenant agrees to use Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any Alterations and to use Landlord's architect to file all plans with and obtain all required permits from appropriate governmental authorities. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of this Lease, at Tenant's sole cost expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and expense so that equipment, but upon removal of any such items from the Demised Premises shall at all times premises or upon removal of other installations as may be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of required by Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good immediately and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors repair and restore the premises to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days condition existing prior to Tenant's commencement of installation and repair any Alterations costing in excess of One Million Dollars ($1,000,000.00), damage to the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building building due to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicableremoval. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed property permitted or required to be removed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided hereinremaining in the premises after Tenant's removal shall be deemed abandoned and may, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end election of the term shall become the property of Landlord without payment therefor by Landlord, and shall either be surrendered to retained as Landlord's property or may be removed from the premises by Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant's expense. Tenant shall, before making any Alterations, at its sole cost expense, obtain all permits, approvals and expense certificates required by any governmental or quasi-governmental bodies and in (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such workmen's compensation, general liability, personal and property damage insurance as expeditious a manner as possible remove Landlord may require. If any or all of such Alterations from mechanic's lien is filed against the Demised Premises, or the Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not pursuant to this Article, the extent same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, by filing the bond required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionlaw.
Appears in 1 contract
Samples: Lease Agreement (Techsys Inc)
Alterations. Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor in writing. As a condition of such approval, Landlord may install tenant finishes in require Tenant to remove the Demised ----------- alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall become a part of the realty and make interior the property of Landlord, and shall not be removed by Tenant, unless Tenant, at its option, removes the same prior to the end of the Lease Term and repairs any damage caused by such removal, and provided that Tenant shall not be required to remove any of the Landlord’s Work. Notwithstanding the foregoing, Landlord’s consent shall not be required for alterations to painting and carpeting or other non-structural alterations, additional installationsso long as the alterations do not affect the Building systems, modificationsTenant uses contractors reasonably approved by Landlord, substitutions, improvements Tenant provides Landlord with “as built” or working drawings for any material modifications and decorations (collectively, "Alterations") in and Tenant notifies Landlord prior to the Demised Premises, subject only to the following conditions:
(i) any Alterations making such alterations. Tenant shall ensure that all alterations shall be made at Tenant's sole cost in accordance with all applicable laws, regulations and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordbuilding codes, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and of quality equal to or better than the original construction of the Leased Premises. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and this Lease shall not violate any term be construed to constitute Landlord’s consent to the creation of any agreement lien. If any lien is filed against the Leased Premises for work claimed to have been done for or restriction material claimed to which the Demised Premises are subject;
(iv) have been furnished to Tenant, at its sole cost and expense, Tenant shall cause its contractors such lien to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State be discharged of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted record or provide reasonable security to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that contest the provisions of this subparagraph same by appropriate proceedings within thirty (v30) shall not apply days after notice from Landlord to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementsame. Tenant shall notify indemnify Landlord in writing 30 days prior to commencing any alterationsfrom all costs, additions or improvements to the Demised Premises so that Landlord shall have the right to record losses, expenses and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared attorneys’ fees in connection with any such alteration, addition damage or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed injury arising from any construction or alteration by Tenant and any related lien caused or assigneessuffered by Tenant, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached subject to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionimmediately preceding sentence.
Appears in 1 contract
Samples: Lease (Quixote Corp)
Alterations. 15.1 Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior or allow to be made any alterations, additional installationsphysical additions, modifications, substitutions, or improvements and decorations in or to the Leased Premises (collectively, "AlterationsALTERATIONS") without first obtaining Landlord's written consent in each instance, which consent may be given or withheld in Landlord's sole discretion. At the time of said request, Tenant shall submit to Landlord plans and specifications of the proposed Alterations. Landlord shall have a period of not less than sixty days therefrom in which to review and approve or disapprove said plans. Tenant shall pay upon demand the Demised Premisesreasonable costs of Landlord's review of such plans and specifications, not to exceed One Thousand Dollars ($1,000.00). The contractor or person selected by Tenant to make such Alterations must be approved in writing by Landlord prior to commencement of any work. Such contractor or person shall carry insurance in forms and amounts reasonably satisfactory to Landlord and shall at all times be subject only to Landlord's rules and regulations while in the following conditions:
(i) any Building. All Alterations shall be made performed in full compliance with plans and specifications approved by Landlord, all applicable Laws and the requirements of the Board of Underwriters, Fire Rating Bureau or similar body. All Alterations shall be performed at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens (including reasonable costs for labor and materials supplied Landlord's supervision, not to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure exceed 5% of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additionproject's cost), without the prior written approval of Landlordat such time and in such manner as Landlord may designate, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations and shall be performed promptly completed in a good and workmanlike manner manner. Tenant shall reimburse Landlord's review and in supervision costs within thirty days after receipt of Landlord's invoice(s) therefor. Landlord's approval of the plans, specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all applicable laws and requirements Laws.
15.2 Tenant shall give to Landlord at least fifteen business days' prior written notice of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term commencement of construction of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvementsAlterations. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period require that (a) any contractor hired by .Tenant shall, prior to commencing work in the alterationsLeased Premises, additions or improvements, Tenant shall provide Landlord with copies a performance bond and labor and materials payment bond in the amount of all plans the contract price for the work, naming Landlord and specifications prepared in connection with Tenant (and any other persons designated by Landlord) as co-obligees, and that (b) any such alteration, addition contractor employ such labor as necessary to avoid any delay in or improvement, as well as copies interruption to the progress of each material amendment and change thereto, if and when applicablework under in the Leased Premises or elsewhere in the Building due to union picket lines. All of Tenant's generators and uninterruptible power supply equipment (but in no event including contractors shall not use any portion of the primary HVAC system serving common areas of the Building)Building for performance of the work unless the written consent of Landlord is first obtained. The granting or withholding of such consent shall be at Landlord's sole discretion.
15.3 All Alterations, trade fixtures, movable partitions, furniture, machinery and furnishings installed whether made by Tenant or assigneesLandlord or at either's expense, subtenants or licensees including, without limitation, all Tenant Improvement Work and all carpeting and fixtures of Tenant any kind, shall become a part of the Building immediately upon installation in the Leased Premises, and shall be and remain the property of Landlord, except for trade fixtures, office supplies and moveable furniture and furnishings placed on the owner thereof with the right of removal, whether or not affixed and or attached Premises by Tenant that are removable without damage to the real estate and Building or the owner thereof Leased Premises, which shall be entitled subject to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionSection 16. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term other provisions of this Lease; provided however, if the Lease term ends upon Landlord's written request made within thirty days prior to the thirteenth (13th) anniversary expiration or termination of the Lease Commencement Date, if so requested by Landlordthis Lease, Tenant shall, at its Tenant's sole cost and expense and in as expeditious a manner as possible shall promptly remove any Alterations or all of such Alterations from the Demised PremisesTenant Improvement Work, designated by Landlord to the extent required by Landlord. Tenant further agrees to be removed and repair any damage to the Promises or the Building resulting therefrom from such removal.
15.4 Tenant shall be responsible for the entire cost of the Alterations and leave Tenant Improvement Work (subject to Landlord's obligation to fund the Demised Tenant Improvement Allowance), including any cost or expense of Landlord, relating to the interior of the Leased Premises, on account of the need to comply with the ADA (as defined in Section 34) or other Laws. Under no circumstances shall Landlord be responsible to Tenant or any third party for determining whether the Alterations comply with all applicable Laws, including the ADA, regardless of whether Tenant must obtain Landlord's approval of the Alterations or the plans and specifications therefor as a condition to making them.
15.5 Should any construction, alteration, addition, improvements or decoration of the Leased Premises by Tenant interfere with harmonious labor relations in a commercially reasonable conditionthe Building, all such work shall be halted immediately by Tenant until such time as construction can proceed without such interference.
Appears in 1 contract
Samples: Office Lease (Digital Island Inc)
Alterations. Tenant may install tenant finishes shall not permit alterations in or to the Demised ----------- Leased Premises unless and until Landlord has approved the plans therefor in writing; provided, however, that Tenant shall have the right to make interior alterations to the Leased Premises, without obtaining Landlord's prior written consent provided that (a) such alterations do not exceed One Hundred Thousand and No/100 Dollars ($100,000.00) in cost in any one instance; (b) such alterations are non-structural and non-mechanical in nature; (c) such alterations do not require a permit; (d) Tenant provides Landlord with prior written notice of its intention to make such alterations, additional installationsstating in reasonable detail the nature, modificationsextent and estimated cost of such alterations, substitutionstogether with the plans and specifications for the same (if the alterations are of a type for which plans and specifications are generated), improvements and decorations (collectively, "Alterations") in and to the Demised Premisesextent applicable, subject only and (e) at Landlord's option, if communicated to Tenant at the time Tenant notifies Landlord that Tenant wishes to make the alterations, Tenant must remove such alterations and restore the Leased Premises upon termination of this Lease. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Notwithstanding anything contained herein to the following conditions:
contrary, Tenant shall have no obligation hereunder to remove the Tenant Improvements (iexcept for the removal of any commercial grade kitchen) or any Alterations other alterations or improvements that have been made by Tenant with the express written consent of Landlord, unless, at the time of granting such consent, Landlord has expressly required the removal of any such proposed alterations or improvements as a condition to granting such consent. Tenant shall ensure that all alterations shall be made at Tenant's sole cost in accordance with all applicable laws, regulations and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordbuilding codes, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term quality equal to or better than the original construction of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor Building. No person shall be submitted entitled to Landlord any lien derived through or under Tenant for Landlord's review any labor or material furnished to the Leased Premises, and approval, which approval nothing in this Lease shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply construed to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain constitute Landlord's consent to Alterations which are a subtenant's initial tenant improvementsthe creation of any lien. Any Alteration shallIf 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, when completed, Tenant shall cause such lien to be discharged of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementrecord within thirty (30) days after filing. Tenant shall notify indemnify Landlord from all costs, losses, expenses and attorneys' fees in writing 30 days prior to commencing connection with any alterationsconstruction or alteration and any related lien. Tenant agrees that at Landlord's option, additions Duke Construction Limited Partnership or improvements to the Demised Premises so that a subsidiary or affiliate of Landlord shall have the right to record and post notices of nonresponsibility bid to perform all work on any alterations to the Demised Leased Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at select its own general contractor, with Landlord's approval, to perform all work on any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior future alterations to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Leased Premises, to except for the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionImprovements.
Appears in 1 contract
Samples: Office Lease (Channeladvisor Corp)
Alterations. Subject to the provisions of this Article 6, Tenant shall have no right to make alterations or additions to the Improvements (collectively, “Alterations”) at any Demised Property that involve structural changes without prior written consent of Landlord, which Landlord agrees it will not withhold unreasonably; provided, however, in no event shall any Alterations be made that, after completion, would: (i) reduce the value of the Improvements as they existed prior to the time that said Alterations are made; or (ii) adversely affect the structural integrity of the Improvements. Tenant may install tenant finishes in the Demised ----------- Premises new underground storage tanks (including all vent and make interior alterationsfill ports and associated piping), additional installationsand any above-ground storage tanks. Any above-ground storage tanks shall include secondary containment sufficient to prevent spills, modifications, substitutions, improvements overfills or tank ruptures from causing a Release. Any and decorations (collectively, "Alterations") in all Alterations made by Tenant shall be at Tenant’s sole cost and expense. Prior to the Demised Premisescommencement of any Alterations (other than Minor Projects), subject Tenant shall deliver promptly to Landlord detailed cost estimates for any such proposed Alterations, as well as all drawings, plans and other information regarding such Alterations (such estimates, drawings, plans and other information are collectively referred to herein as the “Alteration Information”). Landlord’s review and/or approval (if required) of any Alteration Information shall in no event constitute any representation or warranty by Landlord regarding: (x) the compliance of any Alteration Information with any applicable Law, (y) the presence or absence of any defects in any Alteration Information, or (z) the safety or quality of any of the Alterations constructed in accordance with any plans or other Alteration Information. Landlord’s review and/or approval of any of the Alteration Information shall not preclude recovery by Landlord against Tenant based upon the Alterations, the Alteration Information, or any defects therein. In the event that Landlord’s consent is
1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. required for particular Alterations, Tenant shall request Landlord’s consent to such Alterations in writing [***]1. and Landlord will endeavor to respond to such request within fifteen (15) Business Days following receipt of the same. [***]1. Any such consent given or deemed given by Landlord shall be applicable only to the Alteration Information for which it was given. Any material changes to the applicable Alteration Information (including, without limitation, those required for necessary governmental approvals) shall require separate notice to and consent of Landlord in accordance with the procedures of this paragraph. In making any and all Alterations, Tenant also shall comply with all of the following conditionsrequirements:
(ia) any No Alterations shall be made at Tenant's sole cost undertaken until Tenant shall have (i) procured and expense paid for, so that far as the Demised Premises shall at same may be required by applicable Law, all times be free necessary permits and authorizations of liens for labor all Governmental Authorities having jurisdiction over such Alterations, and materials supplied to the Demised Premises;
(ii) without delivered to Landlord at least five (5) Business Days prior to commencing any such Alterations written evidence acceptable to Landlord, in its reasonable discretion, of all such permits and authorizations. Landlord shall, to the prior extent required by applicable Law (but at no cost, expense, or risk of loss to Landlord), join in the application for such permits or authorizations whenever necessary, promptly upon written approval request of LandlordTenant.
(b) Any and all structural Alterations of the Improvements shall be performed under the supervision of a reputable architect and/or structural engineer with experience in the supervision of similar type Alterations.
(c) Except for Minor Projects, Tenant shall make no Alterations notify Landlord at least thirty (x30) which are structural days prior to commencing any Alterations, and Tenant shall permit Landlord access to the relevant Demised Properties in nature order to post and keep posted thereon such notices as may be provided or adversely affect in required by applicable Law to disclaim responsibility for any way construction on the structure of the relevant Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this LeaseProperties. In addition, without the prior written approval of Landlord may require Tenant to file or record any such notices, or other similar notices, each in form and substance reasonably satisfactory to Landlord, Tenant shall make no Alterations to any portion of the exterior in accordance with local law or elevation of the Buildingcustom.
(iiid) any Any and all Alterations shall be performed conducted and completed in a commercially reasonable time period, in a good and workmanlike manner manner, and in compliance with all applicable laws Law, permits, and requirements of governmental authorities all Governmental Authorities having jurisdiction over the relevant Demised Properties, and applicable insurance requirements and shall not violate any term of the local Board of Fire Underwriters, if any; and, upon completion of any agreement and all Alterations, Tenant shall obtain and deliver to Landlord a copy of the amended certificate of occupancy for the relevant Demised Properties, if required under applicable Law or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Governmental Authority. If any Alterations costing involve the generation, handling, treatment, storage, disposal, permitting, abatement or reporting of Hazardous Materials, Tenant shall prepare and retain any and all records, permits, reports and other documentation necessary or advisable to document and evidence all such Hazardous Materials were handled in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) compliance with applicable Law. To the extent not inconsistent with the requirement set forth abovereasonably practicable, Tenant any and all Alterations shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character made and conducted so as not to reduce the value or utility disrupt Tenant’s business.
(e) The cost of any and all Alterations shall be promptly paid by Tenant so that the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction Properties at all times shall be in or connect the improvements with free of any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with and all liens for labor and/or materials supplied for any existing casementAlterations. Tenant shall notify provide Landlord promptly with evidence satisfactory to Landlord that all contractors, subcontractors or materialmen have been paid in writing 30 full with respect to such Alterations and that their lien rights have been waived or released. In the event any such lien shall nonetheless be filed, Tenant shall, within sixty (60) days prior after Tenant’s receipt of notice of such lien, discharge the same by
1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to commencing Rule 24b-2 under the Securities and Exchange Act of 1934, as amended. bond or payment of the amount due the lien claimant. Tenant may in good faith contest any alterationssuch lien, additions provided that within such sixty (60) day period Tenant provides Landlord with a surety bond or improvements other form of security reasonably acceptable to Landlord protecting against said lien. In the Demised Premises so that event Tenant fails to either discharge such lien or protect against such lien in accordance with the foregoing, then (i) Landlord shall have the right (but not the obligation) to record pay such lien or post a bond to protect against such lien and pass through such costs to Tenant as Additional Rent; and (ii) such failure shall constitute an Event of Default. If Landlord exercises its right to, and does, pay such lien or post notices a bond, in addition to any other remedies available to Landlord under this Lease, Tenant agrees to pay Landlord, as Additional Rent, the sum equal to the amount of nonresponsibility on the lien thus discharged by Landlord or the cost of such bond, plus all costs and expenses, including reasonable attorneys’ and paralegals’ fees and court costs, incurred by Landlord in discharging such lien.
(f) The interest of Landlord in the Demised Premises. Within a reasonable time period prior Properties shall not be subject in any way to commencing any liens for improvements to or other work performed to the alterations, additions Demised Properties by or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All on behalf of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have no power or authority to create any lien or permit any lien to attach to the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave present estate, reversion, or other interest of Landlord in the Demised Premises in a commercially reasonable conditionProperties. Notwithstanding the foregoingAll contracts entered into by Tenant with mechanics, any Alterations on materialmen, contractors, laborers, artisans, suppliers, and other parties contracting with Tenant, its representatives or contractors with respect to the Demised Premises at the end Properties shall include a notice that they must look solely to Tenant to secure payment for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding any of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of Demised Properties through or under Tenant during the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 1 contract
Samples: Master Land and Building Lease (Getty Realty Corp /Md/)
Alterations. Tenant shall not make any alterations to the Project; with the exception that Tenant shall have the opportunity however not the obligation to repaint the exterior green and xxxx painting (stripes, doors, awnings, etc.) on the Project; Tenant permitted to paint stripes blue and/or white, and doors and awnings xxxx or white . Tenant shall use the services of WB Painting together with the exact same coatings product(s) recently utilized by WB Painting for such work in order to maintain a consistent warranty of recent exterior painting completed on Building D-l. Tenant may install tenant finishes solicit other proposals from other painting contractors for such work including the utilization of the exact same coatings product(s) recently utilized by WB Painting in order to confirm the Demised ----------- competiveness of the pricing of WB Painting, and WB Painting shall match the average price from two other bidders if the average is lower than WB Painting’s pricing,. Landlord will assist in coordination of said stripe repainting. Any and all warranty of such contemplated painting shall be assigned to the Landlord. Tenant shall not make any alterations to the Premises and make interior without Landlord’s prior written consent in each instance which consent shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions. If Landlord gives its consent to such alterations, additional installationsLandlord may post notices in accordance with the laws of the state in which the Premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, modificationsexcept that Landlord may, substitutionswithin 30 days before or 30 days after the expiration or termination of this Lease or the termination of Tenant’s right of possession, improvements and decorations (collectively, "Alterations") in and elect to require Tenant to remove any alterations which Tenant may have made to the Demised PremisesPremises with the exception of painting. If Landlord so elects, subject only at its own cost Tenant shall restore the Premises to the following conditions:
(i) any Alterations condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Any request for Landlord’s consent to alterations shall be made at Tenant's sole cost least thirty (30) days before any work is commenced and expense so that the Demised Premises shall at be accompanied by (i) detailed and costed plans and specifications for all times be free of liens for labor alterations, and materials supplied to the Demised Premises;
(ii) without the Tenant’s written agreement to provide, upon completion of work, a complete set of as-built plans and specifications. Landlord may withhold consent, in its sole discretion, or may issue such consent subject to conditions. All alterations shall be constructed only after obtaining Landlord’s prior written approval consent and only in conformity with all Laws. The issuance of Landlord’s consent shall not be a waiver of nor any opinion regarding Tenant’s obligation to comply with all laws. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall make no Alterations (x) which are structural contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in nature or adversely affect in any way compliance with the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Leaseplans and specifications approved by Landlord. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations All such construction shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall which will not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent interfere with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be quiet enjoyment of such character as not to reduce the value or utility other tenants of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casementProject. Tenant shall notify Landlord in writing 30 days prior to commencing any alterationspay all costs for construction of alterations and shall keep this Lease, additions or improvements to the Demised Premises so that Landlord shall have and the right to record Project free and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies clear of all plans and specifications prepared in connection with liens which may result from work by third parties authorized by Tenant. If any such alterationlien is filed and not removed within ten (10) days of written notice thereof from Landlord to Tenant, addition or improvement, as well as copies the same shall be an event of each material amendment and change thereto, if and when applicabledefault hereunder. All It shall be a further event of Tenant's generators and uninterruptible power supply equipment default for Tenant to fail to remove such lien within ten (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property 10) days of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionfiling thereof.
Appears in 1 contract
Samples: Business Park Lease (Nlight, Inc.)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and Any Alterations to the Demised Premises, subject only to including any of the following conditions:
(i) any Alterations Infrastructure Improvements, shall be made at Tenant's ’s sole cost and expense so that the Demised Premises shall at all times be free of liens for labor expense, and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and made in compliance with all applicable laws Laws and all reasonable requirements requested by Landlord. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of governmental authorities having jurisdiction contractors reasonably acceptable to Landlord; required permits and applicable approvals; evidence of contractors and subcontractors insurance requirements in amounts reasonably required by Landlord and shall not violate any term of any agreement or restriction to which naming Landlord, the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance managing agent for the Buildings and such other insurance (includingpersons or entities as Landlord may reasonably request, without limitationas additional insureds; and any security for payment in performance and amounts reasonably required by Landlord. In addition, workers compensation insurance) as is then customarily maintained if any such Alteration requires the removal of asbestos, an appropriate asbestos disposal plan, identifying the proposed disposal site of all such asbestos, must be included with the plans and specifications provided to Landlord. Tenant shall reimburse Landlord for such work, all with insurers licensed any sums paid by the State Landlord for third party examination of California;
(v) At least Xxxxxx’s plans for Alterations. Xxxxxxxx agrees to respond to Xxxxxx’s request for consent to any Alterations within fifteen (15) days prior to following Tenant's commencement ’s delivery of any Alterations costing in excess of One Million Dollars ($1,000,000.00)such request, the accompanied by plans and specifications therefor shall be submitted depicting the proposed Alterations (“Plans”) and a designation of Tenant’s general contractor (and major subcontractors) to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvementsperform such work. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction Xxxxxxxx’s response shall be in or connect the improvements with writing and, if Landlord withholds its consent to any propertyAlterations, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have specify in reasonable detail in Landlord’s notice of disapproval, the right basis for such disapproval. If Landlord fails to record and post notices timely notify Tenant of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions Xxxxxxxx’s approval or improvements, Tenant shall provide Landlord with copies disapproval of all plans and specifications prepared in connection with any such alterationPlans, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove provide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the Alterations at any time during applicable Plans and contains the term hereof provided Tenant shall repair any damage resulting therefrom following statement in bold and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE
Appears in 1 contract
Samples: Lease Agreement
Alterations. Tenant may install tenant finishes “Alterations” shall mean any alteration, addition, or improvement in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and or on or to the Demised Premises of any kind or nature, including any improvements made before Tenant’s occupancy of the Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, . Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval consent of Landlord, which consent may be withheld or conditioned in Landlord’s sole discretion. However, Landlord will not unreasonably withhold or delay consent to non-structural interior Alterations, provided that they do not involve demolition of improvements, affect utility services or Building systems, are not visible from outside the Premises, do not affect Landlord’s insurance coverages for the Project, and do not require other alterations, additions, or improvements to areas outside the Premises. Tenant shall make no Alterations reimburse Landlord, on demand, for the actual out-of-pocket costs for the services of any third party employed by Landlord to review or prepare any portion Alteration-related plan or other document for which Landlord’s consent or approval is required. Landlord, or its agent or contractor, may supervise the performance of any Alterations, and, if so, Tenant shall pay to Landlord an amount equal to 5% of the exterior cost of the work, as a supervisory fee. Except as expressly set forth in this Lease, Landlord has made no representation or elevation promise as to the condition of the Premises, Landlord shall not perform any alterations, additions, or improvements to make the Premises suitable and ready for occupancy and use by Tenant, and Tenant shall accept possession of the Premises in its then “as-is”, “where-is” condition, without representation or warranty of any kind by Landlord. Except for work to be performed by Landlord, before any Alterations are undertaken by or on behalf of Tenant, Tenant shall obtain Landlord’s approval of all contractors performing such Alterations, and shall deliver to Landlord any governmental permit required for the Alterations and shall require any contractor performing work on the Premises to obtain and maintain, at no expense to Landlord, workers’ compensation and employer’s liability insurance, builder’s risk insurance in the amount of the replacement cost of the applicable Alterations (or such other amount reasonably required by Landlord), commercial general liability insurance, written on an occurrence basis with minimum limits of $2 million per occurrence limit, $2 million general aggregate limit, $2 million personal and advertising limit, and $2 million products/completed operations limit (including contractual liability, broad form property damage and contractor’s protective liability coverage); commercial automobile liability insurance, on an occurrence basis on the then most current ISO form, including coverage for owned, non-owned, leased, and hired automobiles, in the minimum amount of $1 million combined single limit for bodily injury and property damage; and excess liability insurance in the minimum amount of $5 million. Contractor’s insurance shall contain an endorsement insuring the Landlord Parties as additional insureds and shall be primary and non-contributory over any other coverage available to the Landlord. The Contractor’s insurance shall also comply with the requirement of the Insurance article. All Alterations by Tenant shall also comply with Landlord’s rules and requirements for contractors performing work in the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 1 contract
Alterations. Tenant may install tenant finishes shall have the right to make non-structural Alterations to the Leased Premises without Landlord’s consent provided the cost does not exceed a total of $200,000 in any calendar year. Any other Alterations shall require Landlord’s consent which shall not be unreasonably withheld or delayed. Any construction performed in the Demised ----------- Additional Premises shall not be considered an alteration and make interior alterationsshall be governed by Section 3 of this Lease. At the time Tenant requests Landlord’s consent for any Alterations that require Landlord’s consent, additional installationsTenant shall deliver plans and specifications to Landlord. Landlord shall notify Tenant, modificationswithin ten (10) business days after receipt of Tenant’s plans and specifications, substitutionswhether Landlord offers to perform the Alterations, improvements along with a draft construction budget. Tenant shall notify Landlord within 10 business days whether Tenant wishes to proceed with the Alterations and decorations (collectively, "Alterations") whether it elects to retain Landlord to perform the Alterations in and accordance with the construction budget provided by Landlord. In the event Landlord consents to the Demised PremisesAlterations but does not to perform the work, subject only to Tenant shall comply with the following conditions:
following: (i) not less than 10 business days prior to commencing any Alterations Alteration, Tenant shall be made at deliver to Landlord final plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant's sole cost ’s contractors and expense so that the Demised Premises shall at all times be free of liens for labor subcontractors have adequate insurance coverage naming Landlord, and materials supplied to the Demised Premises;
any other associated or affiliated entity as their interests may appear as additional insureds, (ii) without the Tenant shall obtain Landlord’s prior written approval of Landlordany contractor or subcontractor which consent shall not be unreasonably withheld, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations the Alteration shall be performed constructed with new materials, in a good and workmanlike manner manner, and in compliance with all applicable laws Legal Requirements and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to delivered to, and approved by Landlord. If Landlord for Landlord's review and approval, which approval shall is not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvementscontractor, Tenant shall provide Landlord with copies as-built plans, in both CAD and PDF format, along with back-up disks, upon completion of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicablethe work. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or Alterations attached to the real estate and Building shall become part of the owner thereof realty immediately upon installation and, except for Alterations which Landlord requires Tenant to remove pursuant to this Lease, shall be entitled surrendered with the Leased Premises without payment by Landlord. If Landlord’s consent to remove the same or any part thereof during the term or Alterations is conditioned upon Tenant’s removal of such Alterations at the end expiration or termination of the term provided hereinLease Term, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by then Tenant shall remain the Property of Tenant and Tenant shall have the right to will remove the Alterations at any time during the term hereof provided Tenant shall and will repair any resulting damage resulting therefrom and leave will restore the Demised Leased Premises in a commercially reasonable condition. Notwithstanding to the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends condition existing prior to the thirteenth (13th) anniversary Alteration. If any contractor performing work on behalf of Tenant files a mechanics lien against the Property, then Tenant, within 15 days after receipt of notice that a lien has been filed shall either discharge the lien or post sufficient security in the amount of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all lien to guaranty the removal of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionlien.
Appears in 1 contract
Alterations. Tenant may install tenant finishes Except for non-structural Alterations or Major Repairs that, in the Demised ----------- Premises and make interior alterationseither instance, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that do not exceed $5,000.00 in the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations or Major Repairs in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations or Major Repairs made by or on behalf of Tenant (whether or not the Alteration or Major Repair requires Landlord’s consent): (i) not less than ten (10) days prior to commencing any Alteration or Major Repair, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration or Major Repair, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds; (ii) Tenant shall obtain Landlord’s prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature any contractor or adversely affect in any way the structure of the Demised Premisessubcontractor; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations the Alteration or Major Repair shall be performed constructed with new materials, in a good and workmanlike manner manner, and in compliance with all applicable laws Laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor delivered to, and, if required above, approved by Landlord; (iv) the Alteration or Major Repair shall be submitted performed in accordance with Landlord’s reasonable requirements relating to Landlord for Landlord's review sustainability and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph energy efficiency; (v) Tenant shall not apply to initial tenant improvements needed to locate a subtenant pay Landlord all reasonable third party costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the Demised Premisesconstruction Landlord deems necessary; and
and (vi) To the extent not inconsistent with the requirement set forth above, upon Landlord’s request Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterationsAlteration or Major Repair, additions or improvements to the Demised Premises so that provide Landlord shall have the right to record and post notices reasonable security against liens arising out of nonresponsibility on the Demised Premisessuch construction. Within a reasonable time period prior to commencing the alterations, additions or improvements, Any Alteration by Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain be the property of Tenant until the owner thereof with expiration or termination of this Lease; at that time without payment by Landlord the right Alteration shall remain on the Property and become the property of removalLandlord unless Landlord gives notice to Tenant to remove it, whether or not affixed in which event Tenant will remove it, will repair any resulting damage and or attached will restore the Premises to the real estate condition existing prior to Tenant’s Alteration, normal wear and the owner thereof shall be entitled tear excepted. At Tenant’s request prior to remove the same or Tenant making any part thereof during the term or at the end of the term provided hereinAlterations, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Landlord will notify Tenant shall remain the Property of whether Tenant and Tenant shall have the right is required to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term or termination of this Lease; . Tenant may install its trade fixtures, furniture and equipment in the Premises, provided however, if that the Lease term ends prior to the thirteenth (13th) anniversary installation and removal of them will not affect any structural portion of the Lease Commencement DateProperty, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any Building System or all of such Alterations from any other equipment or facilities serving the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair Building or any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionoccupant.
Appears in 1 contract
Alterations. Tenant may install tenant finishes in Except for any initial improvement of the Demised ----------- Premises and make interior alterationspursuant to Exhibit "D", additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations which shall be made at Tenant's sole cost and expense so that governed by the Demised Premises shall at all times be free provisions of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordsaid Exhibit "D", Tenant shall make no Alterations (x) not make, suffer or permit to be made any alterations, additions or improvements to or of the Premises or any part thereof, or attach any fixtures thereto except for Tenant's trade fixtures and equipment, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which are structural in nature or adversely does not affect in any way the structure of the Demised Premises; Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities, Landlord's consent shall not be unreasonably withheld. Any such alterations, additions or improvements to the Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (yincluding a reasonable charge for Landlord's overhead), as Rent, within thirty (30) days after receipt of a statement. All such alterations, additions and improvements shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant at the time Landlord grants its approval to have Tenant remove such alterations, additions and improvements, in which adversely affect or could render void or invalidate event, notwithstanding any Warranties under this Lease. In additioncontrary provisions respecting such alterations, without the prior written approval of Landlordadditions and improvements contained in Article 32 hereof, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenantpromptly restore, at its sole cost and expense, shall cause the Premises to its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days condition prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be installation of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans normal wear and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditiontear excepted.
Appears in 1 contract
Alterations. During the Term, Tenant may install tenant finishes in shall not make or permit any ------------ Alterations affecting the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to structural integrity or the Demised Premises, subject only to common operating systems of the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) Building without the prior written consent of Landlord which shall not be unreasonably withheld, conditioned or delayed. Landlord may impose any reasonable conditions to its consent, including without limitation, (i) delivery to Landlord of written and unconditional waivers of mechanic's and materialmen's liens as to the Premises, the Building and the Land for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations providing materials and labor for the Alterations exceed a value of $500,000.00, (ii) prior approval of Landlordthe plans and specifications and Tenant's contractor(s) with respect to the Alterations, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
and (iii) any supervision by Landlord's representative at Tenant's expense of the Alterations. The Alterations shall conform to the requirements of Landlord's and Tenant's insurers and of the Federal, state and local governments having jurisdiction over the Premises, shall be performed in accordance with the terms and provisions of this Lease in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall befitting a first class office building. If the Alterations made pursuant to this Section 13.2 are not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenantperformed as herein required, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right right, at Landlord's option, to record halt any further Alterations, or to require Tenant to perform the Alterations as herein required or to require Tenant to return the Premises to its condition before such Alterations. Subject to Section 13.3 herein, all Alterations and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitionswhether temporary or permanent in character, furniture, machinery and furnishings installed made in or upon the Premises either by Tenant or assigneesLandlord, subtenants or licensees of Tenant shall remain the will immediately become Landlord's property of the owner thereof with the right of removaland, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall Term will remain on the Property of Tenant and Tenant shall have the right Premises without compensation to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionTenant. Notwithstanding the foregoing, if any mechanic's or materialmen's lien is filed against the Premises, the Building or the Land for work claimed to have been done for, or materials claimed to have been furnished to or for the benefit of, Tenant, such lien shall be discharged of record by Tenant within thirty (30) days after notice by Landlord by the payment there of or the filing of any bond required by law. If Tenant shall fail to discharge any such lien, Landlord may (but shall not be obligated to) discharge the same, the cost of which shall be paid by Tenant within ten (10) days of demand. Neither Landlord's consent to the Alterations on nor anything contained in this Lease shall be deemed to be the Demised Premises at agreement or consent of Landlord to subject Landlord's interest in the end Premises, the Building or the Land to any mechanic's or materialmen's liens which may be filed in respect of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionAlterations.
Appears in 1 contract
Samples: Full Service Lease (Trex Co Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and 14.1. Subtenant shall not make interior any alterations, additional installations, modifications, substitutions, additions or improvements and decorations (collectively, "“Alterations"”) in and or to the Demised PremisesSublease Premises or make changes to locks on doors or add, subject only disturb or in any way change any plumbing or wiring without obtaining the prior written consent of Sublandlord and Master Landlord. Any Alterations must be done in full compliance with the provisions of Article 4 of the Original Master Lease, as incorporated herein, and all other applicable provisions of the Master Lease; provided, however, that in all instances concerning Sublandlord’s approval of Subtenant’s Alterations, the time period in which Sublandlord shall have to grant or withhold its consent to such Alterations shall equal one hundred thirty percent (130%) of the following conditions:
corresponding time period under the Master Lease (ii.e., if Master Landlord has ten (10) any business days to approve an Alteration, Sublandlord shall have thirteen (13) business days in which to approve the same Alteration). All Alterations shall be made at Tenant's Subtenant’s sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of by contractors or mechanics approved by Sublandlord and Master Landlord, Tenant shall make no Alterations (x) which are structural be made at such times and in nature or adversely affect in any way such manner as Sublandlord may from time to time designate, and shall become the structure property of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this LeaseSublandlord without its obligation to pay for such Alterations. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations All work with respect to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner manner, shall be of a quality equal to or exceeding the then existing construction standards for the Building and shall be constructed in compliance with all applicable laws plans approved by Sublandlord and requirements of governmental authorities having jurisdiction Master Landlord. Alterations shall be diligently prosecuted to completion to the end that the Sublease Premises shall be at all times a complete unit except during the period necessarily required for such work. All Alterations shall be made strictly in accordance with all laws, regulations and applicable insurance requirements ordinances relating thereto, including all building codes and shall not violate any term of any agreement or restriction to which regulations and the Demised Premises are subject;
(iv) TenantADA. Subtenant, at its sole cost and expense, shall cause its contractors obtain any and all permits and consents of applicable governmental authorities (collectively “Permits”) in connection with all Alterations. Subtenant shall be liable to maintain builder's risk insurance Sublandlord and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained Master Landlord for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement reasonable costs of any Alterations costing in excess of One Million Dollars improvements to the Building ($1,000,000.00), whether or not on the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, Sublease Premises) which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not may be required to obtain Landlord's consent to Alterations which are as a subtenant's initial tenant improvementsconsequence of Subtenant’s Alterations. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to Before commencing any alterations, additions or improvements costing in excess of Twenty Five Thousand Dollars ($25,000), Subtenant, at Subtenant’s cost, shall obtain and deliver to Sublandlord a performance bond and a labor and materials payment bond for the benefit of Sublandlord, issued by a corporate surety licensed to do business in New Jersey and reasonably acceptable to Sublandlord, each in the amount of one hundred twenty-five percent (125%) of the cost of the work in a form satisfactory to Sublandlord. No work or interior improvements installed in the Sublease Premises may be removed unless the same are promptly replaced with work or interior improvements of the same or better quality. Sublandlord hereby reserves the right to require any contractor, subcontractor or materialman working in or providing materials to the Demised Sublease Premises to provide lien waivers and liability insurance covering the Alterations to the Sublease Premises. Subtenant shall give Master Landlord and Sublandlord ten (10) days written notice prior to the commencement of any Alterations and shall allow Master Landlord and Sublandlord to enter the Sublease Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any Alterations. All Alterations shall remain in and be surrendered with the Sublease Premises as a part thereof at the termination of this Sublease, without disturbance, molestation or injury, provided that each of Master Landlord and/or Sublandlord may require any Alterations to be removed upon termination of this Sublease in their sole and absolute discretion. In such event, all expenses to remove said Alterations and to restore the Sublease Premises to normal building standards shall be paid by Subtenant.
14.2. Notwithstanding anything contained herein or in the Master Lease to the contrary, subject to Sublandlord’s rights and obligations under the Master Lease, Subtenant shall have the one time right to make, without Sublandlord consent, Cosmetic Changes and/or Non-Structural Alterations in the Sublease Premises, provided that the estimated cost thereof shall not exceed $25,000.00 in the aggregate. In connection therewith, Subtenant shall comply with the requirements of Sections 4.1(C) and 4.9 of the Master Lease.
14.3. Subtenant shall have no obligation to remove any Alterations made by Sublandlord prior to the Commencement Date (including, without limitation, Sublandlord’s Work) as required by the Master Lease (the “Pre-Existing Alterations”). In the event Master Landlord notifies Sublandlord that any Pre-Existing Alterations for which Sublandlord is responsible to remove must be removed and the Sublease Premises restored, Sublandlord shall, as soon as reasonably practicable thereafter, notify Subtenant thereof and of the date on which Sublandlord requires access to the Sublease Premises to so that Landlord remove and restore (the “Access Date”), which Access Date shall be no earlier than thirty (30) days prior to the Expiration Date, Sublandlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, terminate this Sublease as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof Access Date, in which case the Access Date shall be deemed the Expiration Date of this Sublease for all purposes. In the event Subtenant fails to provide Sublandlord with the right of removal, whether or not affixed and or attached access to the real estate and the owner thereof Sublease Premises for such purpose. Subtenant shall be entitled liable to remove the same Sublandlord for any claims, losses, expenses or any part thereof during the term or at the end of the term provided hereindamages Sublandlord may incur as a result thereof, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided hereinincluding, without limitation, all Alterations made claims, losses, expenses or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises damages set forth in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionSection 13.2 hereof.
Appears in 1 contract
Samples: Sublease (Hudson Holding Corp)
Alterations. Any alterations, additions, or improvements made by or on behalf of Tenant may install tenant finishes to the Premises (“Tenant-Made Alterations”) shall be subject to Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Installation of Tenant’s furniture, fixtures and equipment and other of Tenant’s Personal Property shall be governed by the Development Agreement and shall not be considered Tenant-Made Alterations. Notwithstanding the foregoing, Landlord’s consent shall not be required for Tenant-Made Alterations that are non-structural, are made only to the interior of the Building, do not cost in excess of $100,000 for any one Tenant-Made Alteration or $300,000 in the Demised ----------- Premises aggregate within any single Lease Year and make interior alterations, additional installations, modifications, substitutions, improvements and decorations do not involve building penetrations that adversely affect the Building’s structure or the Building’s systems (collectively, "“Minor Alterations") in and ”); provided that prior to the Demised Premises, subject only to the following conditions:
(i) performing any Minor Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural provide written notice to Landlord describing in reasonable detail the scope and nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additionwork to be performed, without the prior written approval of and upon Landlord, ’s request Tenant shall make no Alterations to remove any portion or all of the exterior or elevation foregoing upon termination of the Building.
(iii) this Lease and repair any damage caused by such removal. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord for any Tenant-Made Alterations requiring Landlord’s approval. Landlord shall be performed in a good and workmanlike manner and in compliance with respond to all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained requests by Tenant for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior consent to Tenant's commencement -Made Alterations within ten (10) Business Days of any Alterations costing receipt of a written request describing in excess of One Million Dollars ($1,000,000.00)reasonable detail the proposed Tenant-Made Alteration, the together with plans and specifications therefor if required. If Landlord fails to respond within such ten (10) Business Day period, Tenant may deliver a second request with a conspicuous notice that failure to respond will result in a deemed disapproval, and if Landlord does not respond to the second request within five (5) Business Days, Landlord shall be submitted deemed to Landlord for have approved Tenant’s request. In the event that Tenant performs a Tenant-Made Alteration without Landlord's review ’s prior written consent and approval, which approval shall not be unreasonably "withheld or delayed provided it is determined that Landlord’s consent was actually required under the provisions terms of this subparagraph Section, Landlord shall evaluate the completed Tenant-Made Alteration and give or withhold its consent as described above in this Section. If Landlord withholds its consent, Landlord may require that Tenant commence removal of the Tenant-Made Alteration and repair any damage to the Premises resulting from the unauthorized Tenant-Made Alteration or such removal within one hundred twenty (v120) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premisesdays after receipt of Landlord’s written disapproval and pursue such removal at Tenant’s sole cost until it is complete; and
(vi) To the extent not inconsistent with the requirement set forth aboveprovided, however, that if, after receipt of Landlord’s written notice, Tenant shall not be required fails to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility commence removal of the Demised Premises Tenant-Made Alteration within said one hundred twenty day period, or fails to remove the Building to which such subject Tenant-Made Alteration is made below its value or utility to Landlord immediately before such Alterationand complete any required repairs within a reasonable time thereafter, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Buildingin either event, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record cause the removal of the subject Tenant-Made Alteration at Tenant’s reasonable cost. Tenant shall cause, at its expense, all Tenant-Made Alterations to comply with Legal Requirements and the Declaration and shall construct at its expense any alteration or modification required by Legal Requirements and the Declaration as a result of any Tenant-Made Alterations. All Tenant-Made Alterations shall be constructed at Tenant’s sole cost in a good and workmanlike manner, in accordance with all Legal Requirements and any applicable provisions of the Declaration, and only new materials consistent with the quality of materials used in the existing improvements shall be used. Landlord may reasonably monitor construction of the Tenant-Made Alterations that require Landlord’s approval. Tenant shall reimburse Landlord for any reasonable out-of-pocket costs incurred by Landlord in connection with review of Tenant’s plans and specifications and supervising or monitoring the construction; provided, that prior to incurring any such costs for which Landlord intends to seek reimbursement from Tenant, Landlord shall provide Tenant with an estimate of the costs and Tenant may elect not to proceed with the Tenant-Made Alteration if Tenant does not approve of the cost. Landlord may post on and about the Premises notices of nonresponsibility on non-responsibility pursuant to applicable law. At the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvementscompletion of any Tenant-Made Alterations, Tenant shall provide deliver to Landlord with copies final lien waivers from each contractor and subcontractor who did work on or supplied materials for the Tenant-Made Alterations that cost in excess of all plans and specifications prepared in connection with any such alteration, addition $10,000. At the time Landlord consents to a Tenant-Made Alteration (or improvement, as well as copies of each material amendment and change thereto, within ten (10) Business Days after a written request by Tenant if and when applicable. All of the Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building-Made Alteration is not one for which consent is required), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Landlord shall notify Tenant or assignees, subtenants or licensees of whether Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled required to remove the same or any part thereof during the term or Tenant-Made Alteration at the end expiration or termination of the term provided hereinLease Term, and to restore the Premises to its condition prior to such Tenant-Made Alteration having been made. Failure of Landlord to notify Tenant that a Tenant-Made Alteration must be removed shall mean that Tenant may leave or remove the Tenant-Made Alteration, at its election, provided that such owner if Tenant removes the Tenant-Made Alteration, it shall repair any damage caused by such removal. Except as otherwise provided herein, all Tenant-Made Alterations made shall immediately upon completion or installed by Tenant shall remain the Property of Tenant installation thereof be and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in become a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end part of the term shall become Premises and the property of Landlord without payment therefor by Landlord, and Landlord shall be surrendered to Landlord at the expiration of the term upon termination of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 1 contract
Samples: Lease Agreement (Zulily, Inc.)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterationsmay, additional installationsfrom time to time, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole its own cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval consent of Landlord, Tenant shall make no Alterations (x) which are non-structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any non-roof alterations, additions or improvements to the Demised interior of the Premises (collectively herein called "Alterations") whose cost in any one instance is Thirty Thousand Dollars and 00/100 Dollars ($30,000.00) or less, provided Tenant first notifies Landlord in writing of any such Alterations. If Tenant desires to make any non-structural non-roof Alterations costing in excess of Thirty Thousand Dollars and 00/100 Dollars ($30.000.00) in any one instance or any other alteration, Tenant must first obtain the consent of Landlord thereto, which consent shall not be unreasonably withheld, conditioned or delayed. In the instances where Landlord consent is required above, if Landlord reasonably concludes that the Alterations involve any construction, alterations or additions requiring unusual expense to readapt the Premises so that the Premises can be used for the Permitted Uses as defined in this Lease on the Term Expiration Date, then Landlord shall have require by written notice to Tenant at the right to record and post notices time of nonresponsibility on the Demised Premises. Within a reasonable time period approval that such readaptation will be made prior to commencing such Term Expiration Date without expense to Landlord. If Tenant desires to make any structural or roof alterations to the Premises, Tenant must first obtain the consent of Landlord thereto. If Landlord consents to alterations affecting such structural components or the roof, Landlord shall be relieved of further maintenance and repair responsibility for the structural components affected by such alterations, additions or improvements, and Tenant shall provide Landlord assume such responsibility, with copies respect to that portion of all plans and specifications prepared the structural components (in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change theretoits entirety), if and when applicable. All any, to which the consent relates, except that Landlord agrees upon request of Tenant to have such alterations be performed by Landlord or a contractor hired by Landlord, at Tenant's generators and uninterruptible power supply equipment (but expense, in no which event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees Landlord shall not be relieved of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached any responsibility it may have to the real estate and the owner thereof shall component to be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removalaltered. Except as otherwise provided hereinpermitted in Section 12.2, if Tenant desires to make any alterations to the precast panels, or to the exterior of the Building, or Lot, Tenant must first obtain the prior written consent of Landlord thereto, which may be withheld in Landlord's sole discretion. Any and all such Alterations made or installed may be done by any general contractor chosen by Tenant shall remain provided any such general contractor is reputable, bondable by reputable bonding companies, carries the Property kind of Tenant insurance and Tenant shall have in the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises amounts set forth in a commercially reasonable conditionSection 11.5 below. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlordno such bonding is required for non-structural, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionnon-roof Alterations.
Appears in 1 contract
Alterations. (A) Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior alterations, additional installations, modifications, substitutions, additions or improvements and decorations (collectively, "“Alterations"”) in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing ’s Premises except in excess of One Million Dollars ($1,000,000.00), the accordance with plans and specifications therefor shall be submitted to Landlord for first approved by Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions withheld. However, Landlord’s determination of this subparagraph (v) shall not apply matters relating to initial tenant improvements needed aesthetic issues relating to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable:
(i) for withholding approval of any Alterations (including, without limitation, any Alterations to be performed by Tenant under Article III) which (i) in Landlord’s opinion would reasonably be expected to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (ii) involve or affect the exterior design, size, height, or other exterior dimensions of the Building, or (iii) are inconsistent, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building, or (iv) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord (Alterations described in the foregoing clause (iv) being sometimes collectively referred to as “Special Improvements”; or
(ii) for making its approval of any Special Improvements conditional on Tenant’s agreement to restore the Premises to its condition prior to construction of such Special Improvements at the expiration or earlier termination of the Lease Term, reasonable wear and tear excepted.
(B) Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the Demised completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Site in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord (together with reasonable supporting back-up documentation), Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a construction management fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by senior staff, and $100/hour for time spent by junior staff, plus (ii) reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All Alterations shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s Alterations and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord in its reasonable discretion. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor. Tenant agrees to save harmless and indemnify Landlord from any and all injury, loss, claims or damage to any person or property occasioned by or arising out of the doing of any such work whether the same be performed prior to or during the Term of this Lease. At Landlord’s reasonable election, taking into account the scope and cost of the proposed Alteration, Tenant shall cause its contractor to maintain a payment and performance bond in such amount and with such companies as Landlord shall reasonably approve. In addition, Tenant shall cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises so promptly after any such Alterations or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, but excluding the costs of the Base Building Work, which are addressed in Exhibit B‑1 attached hereto, Tenant shall be responsible, as Additional Rent, for the costs of any Alterations in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to record provide such rules and post notices regulations (which shall be applied in a non-discriminatory manner) relative to the performance of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the any alterations, additions or improvementsadditions, Tenant shall provide Landlord with copies of all plans improvements and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed installations by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant hereunder and Tenant shall have abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the right costs of using Building services. Tenant agrees to remove pay promptly when due the Alterations entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time during after commencement of the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoingTerm, result from any Alterations on (other than the Demised Base Building Work) to the Premises at made by Tenant. Tenant acknowledges and agrees that Landlord shall be the end owner of any Alterations in the Premises or the Building to the extent paid for by Landlord.
(C) All work, construction, repairs, Alterations or installations made to or upon the Premises (including, but not limited to, the construction performed by Landlord under Exhibit B‑1 attached hereto), shall become part of the term Premises and shall become the property of Landlord without payment therefor by Landlord, and shall remain upon and be surrendered to Landlord at with the Premises as a part thereof upon the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary or earlier termination of the Lease Commencement DateTerm, if so requested by Landlord, Tenant shall, at its sole cost and expense and in except as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.follows:
Appears in 1 contract
Samples: Lease Agreement (Mimecast LTD)
Alterations. Section 8.1 Tenant may install tenant finishes shall not make any alterations to the Premises without first obtaining Landlord's written consent thereto, which consent shall not be unreasonably withheld or delayed; provided, however, that in the Demised ----------- Premises and event any such proposed alteration would, in the reasonable judgment of Landlord, affect any structural components of the Building or any of the Building Systems, Landlord may withhold its consent to any such alteration in its sole discretion. Without in any way limiting Landlord's consent rights, Landlord may withhold its consent to any alteration until (a) Landlord is satisfied that the contractor proposed by Tenant to make interior such alterations, additional installationsand the insurance coverage to be provided by Contractor in connection with the work, modificationsare reasonably acceptable to Landlord, substitutions(b) Landlord approves final and complete plans and specifications for the work and (c) the appropriate governmental agency has approved the plans and specifications for such work. Upon Tenant's receipt of written consent from Landlord and any required consent of any mortgagee or lessor of Landlord and any such governmental agency, improvements and decorations (collectivelyupon Tenant's payment to Landlord of any fees charged by any mortgagee or lessor of Landlord for such review and consent, "Alterations") Tenant shall have the right to proceed with the construction of all approved alterations, but only so long as such alterations are made by a contractor reasonably acceptable to Landlord in strict compliance with plans and specifications to which Landlord has consented and with the Demised Premises, subject only to the following conditions:
(i) any Alterations provisions of this Article 8. All alterations shall be made at Tenant's sole cost and expense so expense. Tenant shall keep the Project, the Building and the Premises and Landlord's interest therein free from any liens arising from any work performed, materials furnished, or obligations incurred by, or on behalf of, Tenant. Notice is hereby given that neither Landlord nor any mortgagee or lessor of Landlord shall be liable for any labor or materials furnished to Tenant except as furnished to Tenant by Landlord pursuant to this Lease. Within ten (10) business days after Tenant learns of the Demised Premises shall at all times be free filing of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordany lien, Tenant shall make no Alterations notify Landlord of such lien and shall either discharge and cancel such lien of record or post a bond sufficient under the laws of the State of Georgia to cause the lien to be canceled of record. If Tenant fails to so discharge or bond over such lien within twenty (x20) which are structural days after the earlier of Tenant becoming aware of such lien or written demand from Landlord, Landlord shall have the right, at Landlord's option, to pay the full amount of such lien without inquiry into the validity thereof, and Landlord shall be promptly reimbursed by Tenant, as Additional Rent, for all amounts so paid by Landlord, including expenses, interest, and attorneys' fees.
Section 8.2 All construction, alterations and repair work done by or for Tenant shall: (a) be performed in nature or such a manner as to maintain harmonious labor relations; (b) not adversely affect any structural component of the Building or any of the Building Systems or the safety of the Project, the Building or the Premises; (c) comply with all building, safety, fire, plumbing, electrical, and other codes and governmental and insurance requirements, including, without limitation, ADA requirements; (d) not result in any way the structure usage in excess of the Demised Premises; building standard water, electricity, gas, or other utilities or heating, ventilating or air-conditioning (yeither during or after such work) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the unless prior written approval of Landlord, Tenant shall make no Alterations arrangements satisfactory to any portion of the exterior or elevation of the Building.
Landlord are made with respect thereto; (iiie) any Alterations shall be performed completed promptly and in a good and workmanlike manner manner; and (f) not disturb Landlord or other tenants in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term the Building. After completion of any agreement alterations to the Premises, Tenant will deliver to Landlord a copy of "as built" plans and specifications depicting and describing such alterations.
Section 8.3 Landlord hereby reserves the right and at all times shall have the right to repair, change, redecorate, alter, improve, modify, renovate, enclose or restriction make additions to which ally part of the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance Project (including, without limitation, workers compensation insuranceCommon Areas and structural elements and load bearing elements within the Premises) as is then customarily maintained for such work, and to enclose and/or change the arrangement and/or location of driveways or parking areas or landscaping or other Common Areas all with insurers licensed by without being held guilty of an actual or constructive eviction of Tenant or breach of the State implied warranty of California;
(v) At least fifteen (15) days prior to Tenant's commencement suitability or of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary and without an abatement of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionRent.
Appears in 1 contract
Samples: Lease Agreement (GBC Bancorp Inc)
Alterations. Tenant may install tenant finishes shall not make any structural alterations or improvements in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations or additions (collectively, "Alterations") in and to the Demised PremisesPremises or make any changes to locks on doors or add to, subject only to disturb or in any way change any of the following conditions:
(i) any wiring or plumbing in the Premises or the Building, without first obtaining the written consent of Landlord, and, when appropriate, in accordance with plans and specifications approved by Landlord, which consent shall not be unreasonably withheld. All such Alterations shall be made at Tenant's the sole cost and expense so that the Demised Premises of Tenant and shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of performed by contractors or mechanics approved by Landlord, Tenant which consent shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Leasenot be unreasonably withheld. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations All work with respect to any portion of the exterior or elevation of the Building.
(iii) any such Alterations shall be performed done in a good and workmanlike manner manner, shall be of a quality equal to or exceeding the then existing construction standards for the Building and must be of a type, and the floors and ceilings must be finished in compliance a manner, customary for general office use and other uses common to similar office buildings in the vicinity. Such Alterations shall be diligently prosecuted to completion. All such Alterations shall be made strictly in accordance with all applicable laws laws, regulations and requirements of governmental authorities having jurisdiction ordinances relating thereto, and applicable insurance requirements and shall not violate any term of any agreement or restriction to which no interior improvements installed by Landlord in the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to including Tenant's Work) may be removed unless the same are promptly restored to a condition similar or better. Landlord hereby reserves the right to require any contractor or mechanic working the Premises to provide lien waivers and liability insurance covering such Alterations to the Premises. Tenant shall give Landlord ten (10) days' written notice of the commencement of any Alterations costing in excess and agrees to allow Landlord and its Lender to enter the Premises at reasonable times and post appropriate notices to avoid liability to contractors or material suppliers for payment for such Alterations. Notwithstanding anything contained herein to the contrary, Tenant may make any nonstructural interior Alterations that do not adversely affect the value of One Million Dollars ($1,000,000.00)the Premises, the structural integrity of the Building or any Building system without Landlord's consent. No Alterations shall adversely affect either the strength or exterior appearance, or the mechanical, electric or plumbing services of the Building. Tenant shall reimburse Landlord for any reasonable sums expended by Landlord for examination and approval of architectural or mechanical plans and specifications therefor of the Alterations. Tenant shall be submitted to also reimburse Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility reasonable direct costs incurred during any inspection of the Demised Alterations. All damages or injury done to the Premises or the Building to which such Alteration is made below its value by Tenant or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall by any persons who may be in or connect upon the improvements Premises or Building with any propertythe express or implied consent of Tenant, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements including but not limited to the Demised Premises so that Landlord shall have the right to record cracking or breaking of any glass of windows and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterationsdoors, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused paid for by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any pay for all damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary Building caused by negligent acts or omissions of the Lease Commencement DateTenant or Tenant's officers, if so requested by Landlordcontractors, Tenant shallagents, at its sole cost and expense and in as expeditious a manner as possible remove any invitees, licensees, or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionemployees.
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Samples: Lease Agreement (Aptimus Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior or suffer to be made any alterations, additional installationsadditions, modificationsor improvements in, substitutionson, improvements and decorations (collectively, "Alterations") in and or to the Demised PremisesPremises or any part thereof without the prior written consent of Landlord, subject only to the following conditions:
(i) any Alterations and no such alterations, additions or improvements shall be made without the supervision of Landlord's designated agent or representative. Notwithstanding anything contained herein to the contrary, Tenant, without Landlord's consent, shall have the right to recarpet, repaint, and make other similar decorative alterations to the Premises provided the cost of such alterations does not exceed Five Thousand and No/100 Dollars ($5,000.00), such alterations do not involve or tie into the electrical, plumbing, HVAC or other systems of the Building, and Tenant provides to Landlord at least five (5) business days' prior written notice of such alterations. All such alterations, additions, or improvements in, on, or to said Premises, except for Tenant's movable furniture and equipment, shall immediately become Landlord's property and, at the end of the term hereof, shall remain on the Premises without compensation to Tenant. In the event Landlord consents to the making of such alterations, additions, or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense so expense, in accordance with all applicable laws, ordinances, and regulations and all requirements of Landlord's and Tenant's insurance policies, and in accordance with plans and specifications approved by Landlord, and any contractor or person selected by Tenant to make the same, and all subcontractors, must first be approved in writing by Landlord, or, at Landlord's option, the alteration, addition or improvement shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof upon demand. Upon the expiration or sooner termination of the term herein provided, Tenant shall, upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove any or all alterations, additions, or improvements made by or for the account of Tenant, designated by Landlord to be removed (provided, however, that Landlord made such removal a condition of Landlord's consent at the Demised Premises shall at all times be free of liens for labor time Tenant requested and materials supplied to the Demised Premises;
(ii) without the Landlord granted Landlord's prior written approval of Landlordsame), and Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good forthwith and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenantdue diligence, at its sole cost and expense, shall cause its contractors repair and restore the Premises to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days their condition prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration addition or new construction shall be in or connect the improvements with any propertyimprovements, building or other improvement located outside the boundaries of the Landreasonable wear and tear, nor shall the same obstruct or interfere with any existing casementunrepaired casualty and condemnation expected. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so agrees that Landlord shall have the right to record charge a fee for any and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions all construction supervision provided by Landlord's designated agents or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared representatives in connection with any such alterationalterations, addition additions, or improvementimprovements to the Premises by Tenant. Such fee, as well as copies of each material amendment and change theretoat Landlord's option, if and when applicable. All of shall be either a fixed fee or a fee calculated on an hourly basis, considering the time expended by Landlord's agents or representatives in supervising Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionconstruction.
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Alterations. (a) Tenant may install tenant finishes in shall not construct any improvements or additions or otherwise alter, change or improve the Demised ----------- Premises without Landlord's prior written approval, and make interior alterationsnot until Landlord shall have first approved the plans and specifications therefor, additional installationswhich approvals shall not be unreasonably withheld. Landlord's approval of the plans, modificationsspecifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, substitutionsdesign sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All such approved alterations or improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made installed by Tenant at Tenant's sole cost expense using a licensed contractor first approved by Landlord in compliance with the approved plans and expense so that the Demised Premises shall at specifications therefor and in strict accordance with all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Leaselaws. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations All such construction shall be performed done in a good and workmanlike manner and in compliance with all applicable laws and requirements using new materials of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate good quality. As a condition to consenting to any term of any agreement leasehold improvement or restriction to which the Demised Premises are subject;
(iv) alteration or change requested by Tenant, at its sole the cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million which may exceed Twenty-five Thousand Dollars ($1,000,000.0025,000), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record require Tenant to post a completion bond in an amount and post notices in a form satisfactory to Landlord. In no event shall Tenant make any structural changes to the Premises or make any changes to the Premises which would weaken or impair the structural integrity of nonresponsibility on the Demised PremisesBuilding or the roof membrane integrity of the Building. Within a reasonable time period Tenant shall not commence construction of any alterations, additions, or improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, and (iii) Tenant shall have given Landlord at least five (5) days
11. prior written notice of its intention to commencing the commence such construction. All alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed improvements constructed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof Tenant during the term Lease Term but shall not be damaged, altered, or at removed from the end Premises. At the expiration or sooner termination of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided hereinLease Term, all Alterations made alterations, additions, or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and improvements shall be surrendered to Landlord at the expiration as a part of the term realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of this Lease; provided the value or cost thereof, however, if the Lease term ends Landlord may, at its option, require Tenant to remove any alterations, additions, or improvements in which case Tenant shall so remove such alterations, additions or improvements prior to the thirteenth (13th) anniversary expiration or sooner termination of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionTerm.
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Alterations. Except as provided in this Section 10.1, Tenant may shall not install tenant finishes in the Demised ----------- Premises any signs, fixtures, improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "the “Alterations"”) in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval consent of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval consent shall not be unreasonably "withheld so long as any such Alteration does not affect the Building systems or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value structural integrity or utility structural components of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration(collectively, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building“Structural Components”), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, Tenant shall be permitted to undertake Alterations which do not affect the Structural Components without Landlord’s prior consent so long as the cost of same do not exceed $30,000 cumulatively in any one calendar year. If any such Alteration is expressly permitted by Landlord or any Alteration is undertaken without Landlord’s consent, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility. In all events, Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations on the Demised Premises shall be at the end of the term shall become the property of Landlord without payment therefor Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth installed by a licensed and insured contractor (13th) anniversary of the Lease Commencement Date, if so requested reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), Development Documents, Recorded Matters, and Rules and Regulations. In addition, all work with respect to any Alterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. In performing the work of any such Alterations, Tenant shall, at its sole cost and expense and shall have the work performed in as expeditious such a manner as possible remove not to obstruct access to the Project, or the Common Areas for any other tenant of the project, and as not to obstruct the business of Landlord or other tenants in the Project, or interfere with the labor force working in the Project. As Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to five percent (5%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be insured by Tenant in accordance with Section 12 of this Lease immediately upon completion thereof. Tenant shall keep the Premises and the property on which the Premises are situated free from the Demised Premisesany liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to the extent construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord. , and Tenant further agrees shall provide such assurances to repair Landlord, including without limitation, waivers of lien, surety company performance bonds (with respect to Alterations, the cost of which exceeds $30,000) as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Project from and against any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionloss from any mechanic’s, materialmen’s or other liens.
Appears in 1 contract
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any make alterations, additions or improvements to the Demised Premises so that Landlord shall have or install any cable in the right Premises or other portions of the Building (collectively, “Alterations”) without first obtaining the written consent of Landlord. Prior to record and post notices of nonresponsibility starting work on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvementsany Alteration, Tenant shall provide furnish to Landlord for review and approval: plans and specifications; names of proposed contractors (provided that Landlord may designate specific contractors with respect to Building systems); copies of all contracts; necessary permits and approvals; evidence of contractors’ and subcontractors’ insurance; and Txxxxx’s security for performance of the Alteration. Changes to the plans and specifications prepared must also be submitted to Landlord for its approval. Lxxxxxxx’s approval of an Alteration shall not be a representation by Landlord that the Alteration complies with applicable Laws or will be adequate for Tenant’s use. Alterations shall be constructed in connection a good and workmanlike manner in accordance with any such alterationLaws and Regulations and insurance requirements, addition or improvement, using materials of a quality that are at least equal to the quality designated by Landlord as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving minimum standard for the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of . Tenant shall remain the property reimburse Landlord for out-of-pocket sums paid by Landlord for third party examination of Txxxxx’s plans for Alterations. In addition, Tenant shall pay to Landlord a fee equal to 5% of the owner thereof with the right total cost of removal, whether or not affixed such Alterations for Landlord’s oversight and or attached to the real estate and the owner thereof shall be entitled to remove the same or coordination of any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionAlterations. Notwithstanding the foregoing, Lxxxxxxx’s consent shall not be required for any Alterations on Alteration that is of a cosmetic nature such as painting, wallpapering and carpeting; is not visible from outside the Demised Premises at Premises; or will not affect the end systems or structure of the term shall become Building, including work to be performed inside the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at walls or above the expiration ceiling of the term Premises. Upon completion of this Lease; provided howeverany Alterations, if Txxxxx agrees to cause a Notice of Completion to be recorded in the Lease term ends prior to the thirteenth (13th) anniversary Office of the Lease Commencement Date, if so requested by LandlordSan Diego County Recorder in accordance with Section 8182 of the California Civil Code or any successor statute; and no later than 30 days after completion of the Alterations, Tenant shallshall furnish “as-built” plans, at its sole cost completion affidavits, full and expense final waivers of liens, receipts and in as expeditious a manner as possible remove any or bills covering all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom labor and leave the Demised Premises in a commercially reasonable conditionmaterials.
Appears in 1 contract
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and may, from time to time, at its expense, make interior alterations, additional installations, modifications, substitutions, installations or improvements and decorations (collectively, "Alterations") in and to the Demised PremisesPremises (hereinafter collectively referred to as “Alterations”), subject only provided that Tenant first obtains the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord will respond to Tenant’s request for consent within twenty (20) business days of Landlord’s receipt of such request. All of the following conditions:
shall apply with respect to all Alterations: (a) the Alterations are non-structural and the structural integrity of the Premises shall not be adversely affected; (b) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Premises shall not be adversely affected; (c) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; and (d) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) any Alterations shall be made at Tenant's sole cost ’s expense, obtain all necessary governmental permits and expense so that certificates for the Demised Premises shall at all times be free commencement and prosecution of liens for labor and materials supplied to the Demised Premises;
Alterations; (ii) without the prior written approval of submit to Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additionfor its written approval, without the prior written approval of Landlordworking drawings, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor and all permits for the work to be done and Tenant shall be submitted to Landlord for not proceed with such Alterations until it has received Landlord's review and ’s approval, which approval shall not be unreasonably "withheld withheld, conditioned or delayed provided that delayed; and (iii) cause those contractors, materialmen and suppliers engaged to perform the provisions of this subparagraph (v) shall not apply Alterations to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility deliver to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior certificates of the Improvements or reduce the area or cubic content insurance (in a form reasonably acceptable to Landlord) evidencing policies of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall commercial general liability insurance (providing the same obstruct or interfere with any existing casementcoverages as required in Section 10.2 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10.2. Tenant shall notify Landlord cause the Alterations to be performed in writing 30 days prior compliance with all applicable permits, Laws and requirements of public authorities. Tenant shall cause the Alterations to commencing any alterationsbe diligently performed in a good and workmanlike manner, additions or improvements using new materials and equipment at least equal in quality and class to the Demised standards for the Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premisesestablished by Landlord. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with “as built” plans, copies of all plans construction contracts, governmental permits and specifications prepared certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord consents to any such Alteration then at the time Landlord so consents, Landlord shall also advise Tenant whether or not Landlord shall require that Tenant remove such Alterations at the expiration or termination of this Lease. If Landlord requires Tenant to remove the Alterations, then, during the remainder of the Term, Tenant shall be responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord shall not require that Tenant remove the Alterations which are permanent
1. Landlord shall not charge any administrative, processing or management fee in connection with any such alterationTenant’s performance of Alterations; however, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removalreimburse Landlord for any actual, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused third party costs incurred by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises Landlord in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionconnection therewith.
Appears in 1 contract
Alterations. Tenant agrees that it will not make any structural alterations, improvements, additions, repairs, or changes to the interior or exterior of the Premises or non-structural changes to the exterior of the Building during the Term of this Lease without in each instance obtaining Landlord's prior written consent, which consent may install tenant finishes be withheld in the Demised ----------- Premises sole and absolute discretion of Landlord. Tenant agrees that it will not make interior any non-structural alterations, additional installationsadditions, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and repairs or changes to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation interior of the Building.
(iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements , during the Term of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (includingthis Lease, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for each instance obtaining Landlord's review and approvalprior written consent, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent delayed. Together with the requirement set forth aboveeach request for consent, Tenant shall present to Landlord reasonably detailed plans and specifications for such proposed alterations, improvements, additions, repairs or changes; provided, however, approval of such plans and specifications by Landlord shall not constitute any assumption of responsibility by Landlord for their accuracy or sufficiency, and Tenant shall be required to obtain solely responsible for such items. All alterations, improvements, additions, repairs or changes shall be done either by or under the direction of Landlord's consent to Alterations , but at the expense of Tenant; provided, however, Landlord shall only engage contractors which are a subtenant's initial tenant competitively prices and reasonably available to complete the proposed alterations, improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premiseschanges. Within a reasonable time period prior to commencing the All alterations, additions or improvements, additions, repairs or changes made by Tenant, shall, unless Landlord gives notice to Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during same, remain upon the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end expiration or earlier termination of the term Term of this Lease and shall become the property of Landlord immediately upon installation thereof. The same shall remain the property of Landlord (without payment therefor by Landlord, and shall be surrendered any obligation of Landlord to pay compensation therefor) unless Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior gives Tenant written notice to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of the aforesaid, in which event Tenant shall remove at Tenant's expense such Alterations from of the Demised Premisessame as may be specified in Landlord's notice to Tenant, and Tenant shall promptly restore the Premises to the same good order and condition as it was at the commencement of the Term of this Lease except (i) to the extent the Premises is not required to be repaired and/or maintained by Tenant, and (ii) damage by fire or other casualty. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the cost and expense thereof from Tenant, as Additional Rent, within ten (10) business days of Landlord’s written demand therefor. Tenant further agrees to repair any damage resulting therefrom Landlord consent shall not be required for non-structural alterations such as partitions, painting, decorating and leave the Demised Premises in a commercially reasonable conditionalterations not exceeding Five Thousand Dollars ($5,000.00).
Appears in 1 contract
Samples: Lease Agreement (Vaccinogen Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations"a) in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) alterations, additions or improvements in or to the Premises without Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which are structural in nature might interfere with Landlord's free access to mechanical installations or adversely affect in any way the structure service facilities of the Demised Premises; Building or (y) which adversely affect Project or could render void or invalidate any Warranties under this Lease. In addition, without interfere with the prior written approval moving of Landlord, 's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant shall make no Alterations to any portion of the exterior or elevation of the Building.
(iii) any Alterations covenants and agrees that all work done by Tenant shall be performed in a good and workmanlike manner and in full compliance with all applicable laws laws, rules, orders, ordinances, regulations and requirements of all governmental authorities agencies, offices, and boards having jurisdiction jurisdiction, and applicable insurance in full compliance with the rules, regulations and requirements of the Insurance Service Offices formerly known as the Pacific Fire Rating Bureau, and shall not violate any term of any agreement or restriction to similar body. Before commencing any work which shall exceed Fifty Thousand and No/100 Dollars ($50,000), Tenant shall give Landlord at least ten days written notice of the Demised Premises are subject;
(iv) proposed commencement of such work and shall, if required by Landlord, secure at Tenant, at its sole 's own cost and expense, shall cause its contractors a completion and lien indemnity bond, satisfactory to maintain builderLandlord, for said work. Tenant further covenants and agrees that any mechanic's risk insurance lien filed against the Premises or against the Building or Project for work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within ten days after the filing thereof, at the cost and such other insurance expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (includingwithout limiting the generality of the foregoing) all wallcovering, without limitation, workers compensation insurance) as is then customarily maintained for such built-in cabinet work, all paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with insurers licensed the Premises, as a part thereof, at the end of the term hereof, except that Landlord may, by the State of California;
(v) At least fifteen (15) days prior written notice to Tenant, require Tenant to remove all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00)option, the plans and specifications therefor shall be submitted pay to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided all costs arising from such removal. It is expressly agreed that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlordremove any of the Tenant Improvements. If Tenant requests, in writing, at the time Tenant requests permission to perform alterations, whether Landlord will require the removal of such alterations upon expiration of the Lease Term and so long as Tenant's written request for such consent specifies that if Landlord consents to such alterations at such time, then Tenant shall not be required to remove such alterations upon the expiration or termination of the Lease Term, Landlord shall indicate in writing at the time of granting any consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions which alterations or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner part thereof shall be entitled to remove the same or any part thereof during the term or removed by Tenant at the end of the term provided herein, provided Term upon expiration or termination of this Lease and any failure to do so shall be deemed that Landlord acknowledges and agrees that such owner consent to alterations shall repair any damage caused not require Tenant to remove such alterations upon surrender of the Premises by such removal. Except as otherwise provided hereinexpiration or termination of this Lease.
(b) All articles of personal property and all business and trade fixtures, all Alterations made machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the Property property of Tenant and may be removed by Tenant shall have the right to remove the Alterations at any time during the lease term hereof provided when Tenant is not in default hereunder. If Tenant shall repair any damage resulting therefrom and leave fail to remove all of its effects from the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term upon termination of this Lease; provided howeverLease for any cause whatsoever, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shallLandlord may, at its sole cost option, remove the same in any manner that Landlord shall choose, and expense store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects for any length of time that the same shall be in Landlord's possession. Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as expeditious a manner as possible remove any or all Landlord may obtain and apply the proceeds of such Alterations sale upon any amounts due under this Lease from Tenant to Landlord and upon the Demised Premises, expense incident to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom removal and leave the Demised Premises in a commercially reasonable conditionsale of said effects.
Appears in 1 contract
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations alterations, decorations, additions or improvements (x“Tenant Work”) in or to the Premises without Landlord’s prior written consent, and then by contractors or materialmen approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which are structural in nature might interfere with Landlord’s free access to mechanical installations or adversely affect in any way the structure service facilities of the Demised Premises; Premises or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without interfere with the prior written approval moving of Landlord, ’s equipment to or from the enclosures containing said installations or facilities. All Tenant Work shall make no Alterations be done at such times and in such manner as Landlord may from time to any portion of the exterior or elevation of the Building.
(iii) any Alterations time designate in a manner to avoid interference with other tenant’s business. Tenant covenants and agrees that all Tenant Work done by Tenant shall be performed in a good and workmanlike manner and in full compliance with all applicable laws laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities agencies, offices, departments, bureaus and boards having jurisdiction jurisdiction. Before commencing any Tenant Work, Tenant shall give Landlord at least five (5) days’ written notice of the proposed commencement of such Tenant Work and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) shall, if required by Landlord, secure at Tenant, at its sole ’s own cost and expense, shall cause its contractors to maintain builder's risk insurance expense a completion and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained lien indemnity bond for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations Tenant Work costing in excess of One Million Dollars $100,000.00, satisfactory to Landlord, for such Tenant Work. Tenant further covenants and agrees that any mechanic’s lien filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, will be discharged by Tenant, by bond or otherwise, within thirty ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions 30) days after receipt of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility notification of the Demised Premises or filing thereof, at the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alterationcost and expense of Tenant. All alterations, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterationsdecorations, additions or improvements to upon the Demised Premises so that made by either party, including (without limiting the generality of the foregoing) all wall coverings, built-in cabinet work, paneling and the like, shall (unless Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain elects otherwise) become the property of Landlord and shall remain upon, and be surrendered with, the owner thereof with the right of removalPremises, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any as a part thereof during the term or thereof, at the end of the term provided hereinhereof, provided except that such owner Landlord may, by written notice to Tenant, require Tenant to remove all partitions, cabinet work, paneling, counters, railings and the like installed by Tenant, and Tenant shall repair any damage caused by or, at Landlord’s option, shall pay to the Landlord all costs arising from such removal. Except as otherwise provided hereinAll personal property, all Alterations made office machinery and equipment, furniture and moveable partitions and other furnishings, fixtures, and equipment owned by Tenant or installed by Tenant at its expense in the Premises (collectively, “Tenants FF&E”) shall be and remain the Property property of Tenant and may be removed by Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionTerm so long as no Event of Default exists hereunder. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the Upon expiration of the term or earlier termination of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shallshall remove all Tenant’s FF&E from the Premises. At Landlord’s election, Tenant shall remove all data, telephone, and other cabling installed in the Premises or Building by Tenant. If Tenant shall fail to remove all Tenant’s FF&E from the Premises upon expiration or termination of this Lease for any cause whatsoever, Landlord may, at its sole cost option, remove the same in any manner that Landlord shall choose, and expense store said effects without liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all expenses incurred in such removal and/or disposal thereof, including court costs and attorneys’ fees and storage charges on such effects for any length of time that the same shall be in Landlord’s possession; or Landlord may, at its option, sell or otherwise dispose of said effects, or any of the same, in accordance with law for such price as expeditious a manner as possible remove any or all Landlord may obtain and apply the proceeds of such Alterations sale upon any amounts due under this Lease from Tenant to Landlord and upon the Demised Premises, expenses incident to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom removal and leave the Demised Premises in a commercially reasonable conditionsale of said effects.
Appears in 1 contract
Samples: Office Lease Agreement (Hercules Technology Growth Capital Inc)
Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and shall not make interior any alterations, additional installationsadditions, modifications, substitutions, or other improvements and decorations to the Premises or install any fixtures thereat (collectively, collectively "Alterations") in and ), without the Landlord's prior written approval which shall not be unreasonably withheld, provided that Landlord's approval may be withheld if any proposed Alterations adversely impact the Building structure or systems. All Alterations to the Demised Premises, subject only to the following conditions:
(i) any Alterations Premises shall be made performed at Tenant's sole cost and expense so that in accordance with drawings and specifications prepared at Tenant's sole cost and expense, which drawings and specifications shall be consistent with the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlordstandards applicable thereto set forth in Exhibit "D" attached hereto. So long as Tenant is not in default hereunder, Tenant shall make no have the right but, except as stated in the succeeding sentence, not the obligation to remove any of said Alterations (x) which are structural in nature or adversely affect in any way constitute trade fixtures during and at the structure expiration of the Demised Premises; or (y) which adversely affect or could render void or invalidate Term and any Warranties under this Leaseextension thereof, provided that Tenant repairs any damage caused by said removal. In additionLandlord, without by notice to Tenant in writing at the prior written time of Landlord's approval of Landlordthe drawings and specifications for the Alterations, may request that Tenant remove any of said Alterations, and, if Landlord makes said request, Tenant shall make no remove on or before the date on which the Term ends such Alterations as are stated in such request and repair any damage caused by such removal. In the event that Landlord requests such removal and Tenant fails to remove same or to repair any portion damage caused thereby, Tenant agrees to reimburse and pay Landlord for the reasonable cost of removing same including, without limitation, reasonable charges for overhead and damage. All of the exterior Alterations remaining on the Premises after the date on which the Term ends, or elevation at such sooner termination date, shall become the property of Landlord. In doing any work of installation, removal, alteration or relocation, Tenant shall not harm the Building.
Premises or the Building and shall repair all damage or injury that may occur to the Premises or the Building in connection with such work and shall otherwise comply with Exhibit "E" attached hereto. Tenant agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Building service employees. Any contractors employed by Tenant for such work shall comply with the requirements of Exhibit "E" (iii"Landlord's Requirements") any Alterations annexed hereto and hereby made a part hereof and shall further be approved by Landlord in writing before the commencement of such work, but Landlord shall not unreasonably withhold its approval or consent. In all events all such contractors shall be performed required to employ only union labor in a good the performance of such work, carry worker's compensation insurance, public liability insurance and workmanlike manner property damage insurance in amounts, form and in compliance content and with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term companies reasonably satisfactory to Landlord. Prior to the commencement by Tenant of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenantwork as set forth in this subsection 7.D., Tenant must obtain, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance all necessary permits, authorizations, licenses and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for approvals required by the various governmental authorities. Upon completion of any such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor Tenant shall be submitted pay to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that an amount equal to ten percent (10%) of the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be cost of such character as not work, to reduce reimburse Landlord for the value or utility cost of coordination and final inspection of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionwork.
Appears in 1 contract
Samples: Lease Agreement (Kroll Inc)
Alterations. Tenant may install tenant finishes in Except for Repairs the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In additionnot, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion Consent of the exterior or elevation of the Building.
Landlord (iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld withheld, delayed or delayed provided that conditioned), and subject to the provisions terms of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth aboveany Mortgage Loan Documents, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing make any alterations, additions or improvements to the Demised Premises so that Property which shall cost more than Fifty Thousand Dollars ($50,000) per occurrence or which are structural in nature or affect the Building’s systems. Any such Tenant work and all such tenant improvements (i) must be completed in a good and workmanlike manner, with new first-class materials and equipment, and in conformity with all applicable Legal Requirements, and (ii) shall not give rise to a Recapture Event or violate the Mortgage Loan Documents or otherwise cause a recapture of any Historic Tax Credits. Any and all buildings, fixtures and improvements placed in, on, or upon the Property by Tenant shall vest in the Tenant until the expiration or earlier termination of the Term of this Master Lease, at which time said buildings, fixtures and improvements shall vest in the Landlord, subject to the rights of the Tenant in the Tenant’s personal property. Before commencement of any work for which the Landlord’s Consent is required, the Tenant shall furnish to the Landlord for approval plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be reasonably satisfactory to the Landlord. In addition, for any work which shall cost, in any one occurrence, in excess of Fifty Thousand Dollars ($50,000) (the “Additional Work”), prior to commencement of any such Additional Work or delivery of any materials into the Property, the Landlord shall have the right to record and post notices of nonresponsibility on approve material contracts entered into by the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removal, whether or not affixed and or attached respect to the real estate and the owner thereof Property, which approval shall not be entitled to remove the same unreasonably withheld, conditioned or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removaldelayed. Except as otherwise provided hereinin Section 7.7, all Alterations made or installed by the Tenant shall remain make, or cause to be made, prompt payment of all monies due and legally owing to all persons, firms and corporations doing any work, furnishing any materials or supplies or renting any equipment to the Property Tenant or any of Tenant its contractors or subcontractors in connection with the reconstruction, furnishing, repair, or operation of the Property, and Tenant shall have in all events will bond or cause to be bonded, with surety companies reasonably satisfactory to the right Landlord, or pay or cause to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises be paid in a commercially reasonable condition. Notwithstanding the foregoingfull forthwith, any Alterations on mechanic’s, materialmen’s or other lien or encumbrance that arises, whether due to the Demised Premises at the end actions of the term shall become Tenant or any person under the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration control of the term of this Lease; provided howeverTenant, if against the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable conditionProperty.
Appears in 1 contract
Samples: Master Lease
Alterations. Tenant may install tenant finishes in shall not make any alterations to the Demised ----------- Premises and make interior or the Business Park without Landlord's prior written consent. If Landlord gives its consent to such alterations, additional installationsLandlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and whether or not subject to the Demised Premises, subject only to the following conditions:
(i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises;
(ii) without the prior written approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall make no Alterations be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (x30) which are structural in nature days before or adversely affect in any way the structure thirty (30) days after expiration of the Demised Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of LandlordIf Landlord so elects, Tenant shall make no Alterations at its own cost restore the Premises to any portion the condition designated by Landlord in its election, before the last day of the exterior Term or elevation within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Building.
(iii) any Alterations Premises, Tenant shall be performed in contract with a good contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and workmanlike manner permits, and shall complete such alterations with due diligence in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject;
(iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California;
(v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for approved by Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and
(vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Provided, however, Landlord in writing 30 days prior to commencing any alterations, additions or improvements hereby consents to the Demised Premises so that Landlord shall have Tenant's Improvements outlined on Exhibit Al hereto and will not require Tenant to remove these improvements at the right expiration or termination of the Lease. With respect to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions future alterations or improvements, Tenant shall provide may request Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvementto determine, as well as copies part of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the owner thereof with the right of removaltheir approval process, whether or not affixed and they will require said alteration or attached improvement to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord removed at the expiration or termination of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition.
Appears in 1 contract
