Common use of Alterations Clause in Contracts

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises, or change any plumbing or wiring, without the prior written 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 2 contracts

Samples: Lease (Nivalis Therapeutics, Inc.), Lease (Nivalis Therapeutics, Inc.)

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Alterations. After the Commencement Date, Tenant shall not make or permit any alterationsAlterations in, additions on or improvements to about the Premises, or change any plumbing or wiring, Premises without the prior written 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 provides Landlord with prior notice of any such Alterations (“Permitted Alterations”). Plans If Tenant desires to make any Alterations to the Premises other than Permitted Alterations, Tenant shall submit the proposed plans and specifications for such work Alterations to Landlord for Landlord’s review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to notify Tenant in writing of Landlord’s approval or disapproval of any Alterations shown on such plans and specifications within ten (10) business days after Landlord’s receipt of such documents from Tenant, then Landlord shall be submitted deemed to have approved such Alterations. Tenant shall complete any Alterations to the Premises 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 acknowledges that, subject to Tenant’s receipt of all necessary governmental approvals, Tenant will have the right to install a reasonable number of electric vehicle charging stations in advancethe parking area of the Outside Areas pursuant to plans and specifications subject to Landlord’s approval in accordance with this Paragraph 12. No fixtures All Alterations made by or for Tenant shall be removed and become the property of Landlord upon the expiration or earlier termination of this Lease and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at Landlord’s option, require Tenant to remove, at Tenant’s expense, any or all Alterations installed by or for Tenant from the Premises at the expiration or sooner termination of this Lease. 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, shall Tenant be required to remove the Tenant Improvements from the Premises. Landlord shall have the right to approve Tenant’s contractors If Tenant removes any Alterations as well as the general manner and method in which such work is to be performed. required or permitted herein, 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any and all damage to the Premises caused by such removal. At least twenty (20) days prior removal and return the Premises to their condition as of the Commencement Date, normal wear and tear excepted and subject to the commencement provisions of Paragraph 22. Notwithstanding any work on the Premisesother provision of this Lease, Tenant shall notify Landlord be solely responsible for the maintenance and repair of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that any Alterations made by 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsPremises.

Appears in 2 contracts

Samples: Lease (IGM Biosciences, Inc.), Lease (IGM Biosciences, Inc.)

Alterations. Other than the Tenant Improvements, Tenant shall not 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” (as 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 visible from outside the Premises and/or Building (including design and aesthetic changes), and/or (ii) to the exterior of the Building, the roof of the Building, the heating, ventilation and/or air conditioning systems serving the Premises, or change the fire sprinkler, plumbing, electrical, mechanical and/or any plumbing or wiring, without the prior written consent of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from other systems serving the Premises. Landlord shall have , any interior, load-bearing walls, the right to approve Tenant’s contractors as well as foundation and/or the general manner and method in which such work is to be performedslab of the Building. Tenant shall provide 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 other notice deemed proper before the commencement of work. Any and all such alterations, additions or improvements shall comply with insurance certificates evidencing that all Applicable Laws including, without limitation, obtaining any required permits or other governmental approvals. In addition, all Alterations shall be performed only by licensed contractors and subcontractors have adequate workmen’s compensation insuranceand shall be performed in strict compliance with all permits, any plans and specifications approved by Landlord, and builderall conditions to Landlord’s risk approval. Tenant shall cause its contractors and subcontractors to maintain insurance satisfactory reasonably acceptable to Landlord. Any such improvementsUpon termination of this Lease, any alterations, additions and improvements (including wall coveringwithout limitation all electrical, paneling lighting, plumbing, heating and builtair-in cabinet workconditioning equipment, but excepting movable furniture doors, windows, partitions, drapery, carpeting, shelving, counters, and trade physically attached fixtures, ) made by Tenant shall at once become a part of the realty and belong to Landlord and shall be surrendered with unless the Premises. Upon terms of the request of Tenantapplicable consent provide otherwise, Landlord shall notify Tenant, or unless at the time the improvement is made, if said improvement will be required to be removed upon the expiration of the term. As applicable consent Landlord requests that part or all of the commencement dateadditions, 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions alterations or improvements made by be removed. In such case, Tenant, that were (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, shall promptly remove the specified additions, alterations or improvements and shall fully repair any damage and restore the relevant portion(s) of the Premises to the condition in which Tenant is otherwise required to surrender the Premises caused by such removalunder Paragraph 17.1. At least twenty (20) days prior Notwithstanding the foregoing or anything in this Lease to the commencement of any work on contrary, with respect to the PremisesTenant Improvements and subsequent Alterations (unless Landlord’s applicable consent provides otherwise), Tenant shall notify Landlord only be required to remove alterations, additions and improvements that are not consistent with general office use (including, without limitation, laboratory related alterations, additions and improvements and restore the applicable portions of the names and addresses Premises to their original condition upon termination 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsthis Lease.

Appears in 2 contracts

Samples: Lease (AbSci Corp), Lease (AbSci Corp)

Alterations. Tenant shall make no alterations, installations, changes or additions in or to the Premises or the Project (collectively, “Alterations”) without Landlord's prior written consent; provided that such consent may not be unreasonably 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 further, however, Tenant shall not make be required to obtain Landlord’s consent for any cosmetic alterations, installations, changes or additions in or improvements to 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 permit (“Minor Alterations”). Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or change any plumbing or wiring, without mechanics approved by Landlord in writing and upon the prior written consent approval by Landlord in writing of Landlord. Plans fully detailed and dimensioned plans and specifications for such work shall be submitted pertaining to Landlord the Alterations 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 question, to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all contractors prepared 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, 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 be removed at the end of the term, there having been no request submitted by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify at its sole cost and expense obtain all necessary third-party approvals and permits pertaining to any Alterations approved by Landlord of the names or any Minor Alterations. Tenant shall cause all Alterations and addresses of the persons supplying labor Minor Alterations to be performed in a good and materials so that Landlord may give notice that it shall not be subject for any lien for Tenant’s workworkmanlike manner, in accordance conformance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additionsall applicable federal, alterationsstate, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 county and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations or any Minor Alterations.

Appears in 2 contracts

Samples: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)

Alterations. Tenant shall not demolish, replace or alter the structural portions of the Building, or make any alterations, additions addition thereto or improvements to the Premisesexpansion thereof, or change any plumbing materially alter the roof or wiringexterior of the Building, without the Landlord’s prior written 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 consent not to be performedunreasonably 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 insurance certificates evidencing that all contractors advance written notice thereof 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least 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 expiration of the Lease Term, restore the Premises 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 commencement proposed alterations, which notice shall include copies of the plans and specifications relating thereto and Landlord agrees to exercise commercially reasonable efforts to respond thereto within thirty (30) days after the date of the request. Landlord agrees to state with specificity any work on objections it has to the Premisesproposed plans and specifications. In all cases, Tenant shall notify Landlord comply with the following requirements with respect any alterations, modifications or similar activities undertaken with respect to the Premises (“Work”), whether subject to the foregoing consent requirement or not: (a) All Work, when completed, shall be of such a character as not to materially reduce the value of the names Premises below its value immediately before construction of such Work was commenced; (b) All Work shall be undertaken with reasonable diligence (subject to Force Majeure, as hereinafter defined) and addresses in a good and workmanlike manner and in compliance with all applicable permits and authorizations and the Restrictions; (c) No Work shall impair the safety or structural integrity of the persons supplying Building; (d) All Work shall be completed free of liens for work, services, 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 supplied or claimed to have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made been supplied to the Premises (except as otherwise provided by law); (e) No Work shall be undertaken without obtaining the insurance required by Section 6.01 hereof; and (f) No Work shall be undertaken until Tenant shall have procured and paid for, insofar as the same may be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented required from time to time, all permits and authorizations of all similar applicable state governmental authorities for such Work. Landlord shall join in the application for such permit or authorization and local lawscooperate with Tenant and execute any additional documents as may be necessary to allow Tenant to complete the alterations and changes, rules provided 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 regulationsPersonal Property) shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease. All of the Work may at Tenant’s option be removed by Tenant (unless a Removal Notice was delivered to Tenant as provided above).

Appears in 2 contracts

Samples: Lease (Federal Signal Corp /De/), Lease (Federal Signal Corp /De/)

Alterations. Tenant shall not make any alterations, additions or improvements alterations to the Premises, Premises or change any plumbing or wiring, the Business Park without the Landlord's prior written consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord. Plans and specifications for such work , shall be submitted to Landlord performed by Tenant and its contractors in advance. No fixtures a first class workmanlike manner and permits and inspections shall be removed obtained 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 Landlordrequired governmental entities. Any such improvements, including wall covering, paneling alterations made shall remain on 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 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. Upon If Landlord so elects, Tenant shall at its own cost restore the request 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 notify 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 the improvement is madeof granting such consent, if said improvement that such removal will be required required. b. Tenant shall be entitled to be removed upon remove Tenant's furniture, equipment, trade fixtures and other personal property at the expiration of the term. As of the commencement date, there are no existing improvements that will be required to be removed by the provided Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises repairs all damages caused by such removal. c. Tenant shall be entitled to make 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 (i) exceed the sum of $2,500; (ii) affect the structural or exterior portions of the Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. At least twenty Tenant shall, however, provide Landlord fifteen (2015) days prior to the commencement advance written notice and copies of any work on the Premises, Tenant shall notify Landlord a description of the names alteration along with building permit plans(s) and addresses specifications to enable Landlord to post any desired notices 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsnon-responsibility.

Appears in 2 contracts

Samples: Lease Agreement (Docent Inc), Lease Agreement (Docent Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the PremisesPremises without Landlord's prior written consent, which Landlord shall not unreasonably withhold, delay or change any plumbing or wiringcondition; 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 prior written consent Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment 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 Buildings or on the right to approve Tenant’s contractors as well as structure or exterior of the general manner and method in which such work is to be performedBuildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance certificates evidencing that policies covering the Buildings. Tenant shall promptly pay all contractors costs and subcontractors have adequate workmen’s compensation insuranceexpenses related to any such alterations, additions and builder’s risk insurance satisfactory improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost 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 Subject 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 hereofSection 13 below, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, shall repair any damage to the Premises caused by arising out of any such removalalterations, additions and improvements. At least twenty All such alterations, additions and improvements (20other than Tenant's trade fixtures, modular furniture, equipment and personal property) days prior shall become Landlord's property and shall remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the commencement contrary, all of any work on the PremisesTenant's furniture, Tenant shall notify Landlord of the names equipment, trade fixtures, supplies 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 keep posted on personal property located within the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to throughout the term of this Lease shall remain the property of Tenant and may be removed from the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to at any time, and all similar applicable state and local laws, rules and regulations.

Appears in 2 contracts

Samples: Lease (Autologic Information International Inc), Lease (Agfa Corp)

Alterations. Except for Permitted Alterations (as defined below), Tenant shall not make any alterations, additions permit alterations in or improvements to the Premises, or change any plumbing or wiring, without Leased Premises unless and until the prior written consent of Landlord. Plans and specifications for such work shall be submitted to plans have been approved by Landlord in advancewriting, which approval shall not be unreasonably withheld, conditioned or delayed. No fixtures shall be removed from As a condition of such approval, Landlord may require Tenant to remove the Premises. Landlord shall have alterations and restore the right to approve Tenant’s contractors as well as the general manner and method in which Leased Premises upon termination of this Lease; otherwise, all 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, alterations shall at once Landlord's option become a part of the realty and belong to Landlord the property of 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 not be removed by Tenant. Notwithstanding the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premisesforegoing, Tenant shall notify Landlord not be obligated to remove any of the names Landlord's Work or any Permitted Alterations and addresses of the persons supplying labor and materials so that Landlord may give notice not require Tenant to remove any other alterations that it are of a type customary for first-class office buildings. Tenant 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant ensure that all alterations shall be made in compliance accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the Americans with Disabilites Act original construction of 1990 and its implementing regulations, as amended the Building. No person shall be entitled to any lien derived through or supplemented from time under Tenant for any labor or material furnished to timethe 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 similar applicable state costs, losses, expenses and local lawsattorneys' fees in connection with any construction or alteration and any related lien. Notwithstanding anything to the contrary set forth hereinabove, rules Tenant may, without Landlord's prior approval but with written notice to Landlord, along with permits and regulationsdrawings to the extent required, make any alterations, improvements or additions to the Leased Premises ("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) are not visible from the exterior of the Building, (v) are of a type customary for first-class office buildings, (vi) do not materially increase the cost of demolition of the Premises Improvements, and (vii) only if and to the extent the alteration is of a type not customary for first-class office buildings, restore the affected portion of the Leased Premises to its 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 shall not make any alterations, additions or improvements to the Premises, or change any plumbing or wiring, Alterations without the obtaining Landlord’s prior written consent, except that Tenant may 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. Plans and specifications for such work ’s consent shall be submitted presented to Landlord in advancewritten form with detailed plans. 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 In connection 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 hereofany Alterations, Tenant shall, upon written demand by Landlordat Tenant’s sole cost and expense: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the permits and the plans and specifications at least fifteen (15) days before the commencement of the work, (iii) 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 sufficient materials. Upon completion of any Alterations, Tenant shall, at Tenant’s sole cost and expense, remove promptly upon completion, furnish Landlord with a reproducible copy of as-built drawings and specifications for any alterations, additions or improvements Alterations. Any Tenant Work for any Alterations shall be 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 in securing any necessary permits and approvals with respect to the Alterations. All Alterations which may be made by Tenant, that were (i) previously designated for removal by Landlord at on the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant Premises shall, at the expiration or termination of the Term, become the property of Landlord and remain upon and be surrendered with the Premises. Tenant shall reimburse Landlord for its sole cost reasonable, actual out-of-pocket costs incurred in connection with its review of plans, specifications and expense, repair other materials for any damage Alterations made by Tenant within ten (10) days of Tenant’s receipt of an invoice for such costs from Landlord. Notwithstanding anything to the Premises caused by such removal. At least twenty (20) days prior to contrary in the commencement Lease, in no event shall Landlord take possession, custody or control of any work on regulated property or assets of Tenant that would require Landlord to be authorized to do so under the PremisesAct, Tenant shall notify unless Landlord of the names and addresses of the persons supplying labor and materials is actually authorized to do so that Landlord may give notice that it shall not be subject for any lien for Tenant’s workor, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right alternative, so appoints a third party designee or assignee (actually authorized and so confirmed by the Regulator) to keep posted on the Premises notice to enforce such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsrights hereunder.

Appears in 2 contracts

Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)

Alterations. During the Term, Tenant shall not have the right, at its discretion and its sole cost, without Landlord's consent, to make (i) any alterations, additions alterations or improvements modifications to the Premisesinterior 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 change 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 plumbing exterior and/or structural alteration or wiringmodification 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, without add an additional story to the prior written 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 of 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 cost in a workmanlike manner and in compliance with all applicable law. Should Landlord. Plans 's consent be required, conceptual plans and specifications for such work shall be submitted provided to Landlord in advance. No fixtures shall be removed from the Premisesprior to commencement of any such work. Landlord shall be deemed to have the right consented to approve Tenant’s contractors as well as the general manner and method in which such work if written notice of disapproval, with reasons specified, is to be performed. not received by Tenant shall provide Landlord with insurance certificates evidencing that all contractors within fifteen (15) business days following Tenant's delivery of such plans and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory specifications 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 Without cost or expense to Landlord and shall be surrendered with the Premises. Upon the request of TenantLandlord, Landlord shall notify Tenantcooperate with Tenant in the obtaining of any and all licenses, at the time the improvement is madebuilding permits, if said improvement will certificates of occupancy or other governmental approvals which may 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove in with any such modifications or 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to execute, acknowledge and deliver any documents reasonably required in furtherance of such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationspurposes.

Appears in 2 contracts

Samples: Lease (Basic Us Reit Inc), Lease (Basic Us Reit Inc)

Alterations. Tenant SIGNS ------------------- 15.1. Except as. provided in Section 2A.1, Sublessee shall not make place or construct any alterationsimprovements, changes, structures, alterations or additions (cumulatively referred to in this Article as "Alterations") in, to or improvements 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 PremisesFacility and related structures that do not otherwise require approval under the PDA Laud Use Controls and ate otherwise in compliance with applicable laws, 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 Facility. Unless Sublessee is subject to an earlier notice requirement under the Sublessor's .and Use Controls or change other applicable requirements with respect to the information required under this section, any plumbing request for Sublessor's consent shall be made upon sixty (60) days written notice and-shall be accompanied by preliminary engineering or wiringarchitectural plans or, without 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 prior written reasons therefor within sixty-, (6Q) days of Sublessee's complete submissions in accordance with this paragraph. If such consent of 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. Plans and specifications for If Sublessor grants its consent all 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 done 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, upon written demand by Landlord, at Tenant’s Sublessee's sole cost and expense, remove any alterationssubject, additions in all cases, to the following covenants: (1) All work and Alterations shall be dune in compliance with all applicable governmental regulations, codes, standards or improvements made other requirements, including fire, safety and building codes and Land Use Regulations promulgated by Tenant, that were (i) previously designated for removal by Landlord at Sublessor and with the time the improvement was made or (ii) designated to be removed at the end provisions of Article 25 of this Sublease. This obligation shall include compliance with all- applicable provisions of the termFFA (as defined in Section 25.8), there having been no request by Tenant for including obligations imposed upon Sublessor in respect to construction and construction related work. (2) All Alterations shall be of such a notification at character as not to materially reduce the time the improvement was made; value and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement usefulness of any work on the Premises, Tenant shall notify Landlord of the names buildings or other improvements below their value and addresses of the persons supplying labor usefulness immediately before such Alteration. All work performed hereunder shall be performed in a good and materials so that Landlord may give notice that it workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be subject for any lien for Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have disruptive of the right to keep posted on overall operation the Premises notice to such persons in accordance with such statuteAirport. All additionscontractors 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 Alterations, alterationsSublessee or any contractor, changes subcontractor or improvements made sublessee of Sublessee shall maintain or cause to be maintained the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.following insurance--

Appears in 2 contracts

Samples: Sublease (Cabletron Systems Inc), Sublease (Aprisma Management Technologies Inc)

Alterations. Tenant shall not make or suffer to be made any alterations, additions additions, or improvements to or of the Premises or any part thereof without Landlord’s prior written consent, which Landlord may withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural alterations costing less than fifty thousand dollars ($50,000.00) that are not visible from the exterior of the Premises. All alterations, additions, and improvements to the Premises, or change any plumbing or wiringincluding but not limited to floor coverings, without the prior written 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 insurancewall coverings, and builder’s risk insurance satisfactory to Landlord. Any such improvementswindow coverings, including wall coveringpaneling, paneling and built-in cabinet work, but excepting excluding movable furniture and furniture, trade fixtures, and other unattached personal property, shall at once on the expiration of the Term become a part of the realty and belong to Landlord Landlord, and shall be surrendered with the PremisesPremises whether or not installed with Landlord’s consent. Upon Notwithstanding the request of Tenantforegoing, 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and 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 by such removal. At least twenty (20) days prior to in connection with the commencement removal of any work on items pursuant to this Article and restore all damaged areas to a condition consistent with the Premisessurrounding 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 compliance with all laws and regulations. If requested by Landlord, Tenant shall notify provide a Payment and Performance Bond for Landlord of Approved Construction over One Hundred Thousand Dollars ($100,000). Each contractor must first be approved in writing by Landlord. Tenant shall cause its contractors to submit to Landlord prior to entering the names Premises certificates and addresses of endorsements evidencing liability insurance meeting the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for any lien requirements for Tenant’s workcommercial generally liability policy set forth in Article 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, in accordance with ColoradoLandlord’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to timeproperty manager, and all similar applicable state and local laws, rules and regulationsLandlord’s Mortgagees.

Appears in 2 contracts

Samples: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, 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 shall not make make, suffer or permit to be made any alterations, additions or improvements to or of the PremisesDemised Premises or any part thereof, or change attach any plumbing fixtures or wiringequipment 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 prior written 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 below the average level of quality typically found in first-class office buildings in the Buckhead area of Atlanta, Georgia (iii) are not visible from the exterior of the Building (due to unusual lighting of such alterations or additions in close proximity to the Building's exterior windows), and (iv) do not involve a Non-Standard Alteration ("Permitted Changes"). Other than the Permitted Changes, Tenant shall make no alterations in, or additions to, the Demised Premises without first obtaining, in writing, Landlord's consent of Landlord. Plans and specifications for such work alterations or additions, which consent shall not 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 Landlordunreasonably withheld or conditioned. 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements to the Demised Premises 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 reimburse Landlord for all costs thereof (including a reasonable 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 earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant, that were (i) previously designated for removal by Landlord to be given, if at all, at the time the improvement was made or (ii) designated Landlord consents to be removed at the end of the termsuch alterations, there having been no request by additions and improvements, to have Tenant for a notification at the time the improvement was made; remove such alterations, additions and improvements, in 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, repair any damage the Demised Premises to the Premises caused by such removal. At least twenty (20) days its condition prior to the commencement installation of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 additions and its implementing regulationsimprovements, as amended or supplemented from time to time, normal wear and all similar applicable state and local laws, rules and regulationstear excepted.

Appears in 2 contracts

Samples: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements to the PremisesPremises (collectively, or change any plumbing or wiring, the “Alterations”) without the prior written consent of Landlord. Plans 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 specifications for such work shall be submitted (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 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 performedcost less than $25,000 (“Permitted Alterations”). Tenant shall provide furnish complete plans and specifications to Landlord with insurance certificates evidencing that all contractors for its approval at the time Tenant requests Landlord’s consent to any Alterations. Subsequent to obtaining Landlord’s consent and subcontractors have adequate workmen’s compensation insuranceprior to commencement of the Alterations, Tenant shall deliver to Landlord 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 builderLandlord 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 of Landlord’s risk insurance satisfactory actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations not to exceed three percent (3%) of the hard costs of such Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor reasonably approved in writing by Landlord. Any such improvementsWithout Landlord’s prior written consent, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, Tenant shall at once become a part not use any portion of the realty Common Areas in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and belong to expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the PremisesPremises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of such Alterations. Upon Notwithstanding the foregoing, upon Tenant’s written request of Tenant, Landlord shall notify Tenant, at the time the improvement is madeit seeks Landlord’s consent to an Alteration, if said improvement Landlord agrees to indicate in writing whether it will be required require such Alteration to be removed upon the expiration or earlier termination of the termLease. As If Landlord requires the removal 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 hereofsuch Alterations, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, shall at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement 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 work on Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the PremisesPremises in a good and workmanlike manner to their original condition, reasonable wear 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 notify Landlord pay Landlord, within five (5) days following Landlord’s demand, an amount equal to the actual out-of-pocket cost of performing the names Removal and addresses of the persons supplying labor Restoration Work, 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 (but not the obligation) to keep posted perform such work on Tenant’s behalf. All construction work done by Tenant within the Premises notice to such persons 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 statutemanner as to cause a minimum of interference with the transaction of business at the Project. All additionswork which may affect the Building’s Structure or the Building’s Systems, alterationsat Landlord’s election, changes 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 improvements made to reduce the Premises by warranty on the roof. In all events, Tenant shall be made required to use union labor in compliance 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 Americans “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 Disabilites Act 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 1990 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 implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsagents at the Project upon request.

Appears in 2 contracts

Samples: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements (collectively, “Alterations”) in or to the Demised Premises, or change any plumbing or wiringexcept pursuant to Exhibit “D”, without the Landlord’s prior written consent, which consent of shall not be unreasonably withheld, delayed or conditioned. Tenant shall only utilize contractors reasonably approved by Landlord. Plans 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 expiration or earlier termination of the Lease), installed in the Demised Premises, either by Tenant or by Landlord on Tenant’s behalf, shall become the 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 work shall Alterations need not be submitted 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 of removal of all or any of such Alterations, Tenant shall not be required to remove such Alterations at the expiration or earlier termination of this Lease], and furniture, fixtures and equipment installed by or for Tenant, in advance. No fixtures connection with Tenant’s occupancy of the Demised Premises) shall be removed from the PremisesDemised Premises by Tenant. Nothing in this section shall be construed to give Landlord shall have the right title to approve or to prevent 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 removal of trade fixtures, shall at once become a part moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the realty and belong to Landlord and shall be surrendered with the Premises. Upon the request Demised Premises or upon removal of Tenant, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Demised Premises to be removed upon the expiration of condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the termDemised Premises or the Property due to such removal. As of the commencement date, there are no existing improvements All property that will be was permitted or required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the termTerm but which remains in the Demised Premises for 10 business days after Tenant vacates the Demised Premises shall be deemed abandoned and may, there having been no request by Tenant for a notification at the time election of Landlord, either be retained as Landlord’s property or may be removed from the improvement was made; and Tenant shall, Demised Premises by Landlord at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsexpense.

Appears in 2 contracts

Samples: Lease Agreement (G Iii Apparel Group LTD /De/), Lease Agreement (G Iii Apparel Group LTD /De/)

Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. 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 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 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 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 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 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 comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to 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 may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the 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 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 prior notice to Landlord, to make alterations, additions or improvements to the Premises, or change any plumbing or wiring, without Premises where: (i) the prior written consent same are within the interior 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 Premises within 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 insuranceBuilding, 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 do not affect the exterior of the realty Premises and belong to Landlord and shall be surrendered with the Premises. Upon Building (including no signs on windows); (ii) the request of Tenantsame do not affect the roof, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be required to be removed upon the expiration any structural element of the term. As Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the commencement dateBuilding; (iii) the cost of any individual alteration, there are no existing improvements that will be required to be removed by addition or improvement shall not exceed $30,000.00 and the Tenant upon the expiration aggregate cost of the term. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any said alterations, additions or improvements made by TenantTenant 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 pay for any such increase in cost; and provided, however, that were (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty thirty (2030) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord expiration or earlier termination of the names and addresses Lease Term, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsLease Term.

Appears in 2 contracts

Samples: Lease Agreement (Flexion Therapeutics Inc), Lease Agreement (Flexion Therapeutics Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Leased Premises without Landlord’s prior written consent, and all alterations, additions or improvements made by either of the parties hereto upon the Leased Premises, or change any plumbing or wiringexcept movable office furniture put in at the expense of the Tenant, without the prior written 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 property of the realty and belong to Landlord and shall shall, at the sole option of the Landlord, remain upon and be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenant, Leased Premises at the time termination of this Lease, without molestation or injury, or at Landlord’s request, and at Tenant’s sole expense, the improvement is madeLeased Premises shall be restored to its original condition. Tenant shall only use contractors, if said improvement will be required which have been approved in writing by Landlord for any permitted alterations to the Leased Premises, and shall not permit any mechanic’s liens to be removed placed or remain upon the expiration of Leased Premises, the termBuilding or the Property and shall discharge same immediately in accordance with Paragraph 6(B). As of Tenant will not overload the commencement dateelectrical wiring and will not install any additional electrical wiring, 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 hereofcomputer cables or plumbing unless it has first obtained Landlord’s written consent thereto, and if such consent is given, Tenant shall, upon written demand by Landlord, will install same at its own cost and expense and will thereafter be responsible for maintaining it at Tenant’s sole cost and expense, remove . Before commencing any alterations, additions improvements or improvements made by Tenant, that were (i) previously designated for removal by Landlord at alteration work in the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Leased Premises, Tenant shall notify Landlord 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 names following insurance policies as determined by Landlord written by companies acceptable to Landlord: (i) commercial general liability insurance, which shall name Tenant and addresses of the persons supplying labor Landlord as additional insureds, in such amounts as required by Landlord and materials so 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 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 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to timetime establish. Upon Landlord’s request, and Tenant shall furnish to Landlord duplicate original counterparts of any or all similar applicable state and local laws, rules and regulationsinsurance 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. Tenant shall not make any alterations, additions or improvements to the Premises, Premises or change install any plumbing Cable in the Premises or wiring, other portions of the Building (collectively referred to as "Alterations") without first obtaining the prior written consent of Landlord in each instance, which 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 "Cosmetic Alteration"): (1) will not affect the systems or 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. Plans However, even though consent is not required, the performance of Cosmetic Alterations shall be subject to all the other provisions of this Section IX.C, except that Tenant shall not be required to obtain Landlord's approval for any plans and specifications for such work 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 in advancefor its approval. No fixtures Alterations shall be removed from constructed in a good and workmanlike manner using materials of a quality that is at least equal to the Premisesquality reasonably designated by Landlord as the minimum standard for the Building. Landlord may designate reasonable rules, regulations and procedures for the performance of work in the Building and, if Tenant is not the sole tenant of the Building, shall have the right to approve Tenant’s contractors as well as designate the general manner time when Alterations may be performed to the extent reasonably necessary to avoid disruption to the occupants of the Building. Upon completion, Tenant shall furnish "as-built" plans (except for Cosmetic Alterations), completion affidavits, full and method in which such work is to be performedfinal waivers of lien and receipted bills covering all labor and materials. Tenant shall provide 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 insurance certificates evidencing that all contractors and subcontractors have applicable Laws or will be adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory to Landlordfor Tenant's use. 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 not charge Tenant a xxxx-up or supervisory fee for any Alterations. In no event shall Tenant be required to be removed upon the expiration of the term. As of the commencement datecomply with NRS 108 with respect to providing security, 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions bonds 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not be subject construction control account for any lien for Tenant’s Alterations or other Tenant work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 2 contracts

Samples: Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.), Lease Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Alterations. The following provisions 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 deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any alterations, additions or improvements Alterations to the PremisesPremises which could affect the structural integrity or the exterior design of the Building. Notwithstanding anything contained herein, or change any plumbing or wiring, without the prior written 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 Tenant shall have the right to approve Tenant’s contractors as well as reconfigure demountable walls and partitions without Landlord's prior consent. (ii) All Alterations requiring Landlord's approval shall be installed by Tenant in substantial compliance with the general approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner and method in which such work is to be performedusing materials of good quality. Tenant shall provide Landlord with insurance certificates evidencing that not commence construction of any Alterations until (a) all contractors required governmental approvals and subcontractors permits shall have adequate workmen’s compensation insurancebeen obtained, and builder’s risk (b) all requirements regarding insurance satisfactory imposed by this Lease have been satisfied. (iii) Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord. Any such improvements's architect which relates to the plans for the Building, including wall coveringany "as-built" plans for the Building (and mechanical platforms on the Building roof) and/or Outside Areas, paneling 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 cabinet workthe Premises. (iv) All Alterations shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Alterations so long as it repairs all damage caused by the installation thereof and returns the Premises to the condition existing prior to the installation of such Alterations. At the expiration or sooner termination of the Lease Term, but excepting movable furniture and trade fixtures, all Alterations that Tenant does not elect to remove shall at once become be surrendered to Landlord as a part of the realty and belong 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 Lease Term, Tenant shall remove any Alterations designated for removal by Landlord, including those Alterations for which Landlord's consent was not initially required, and shall be surrendered with restore the Premises to the condition existing prior to the 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: (a) 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. Upon To the request 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 shall notify Tenantand, 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, upon written demand such approval was given by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by Tenant, Landlord informed Tenant in writing that were (i) previously designated for removal by Landlord would require that such Alterations be removed at the time termination of the improvement was made Lease Term; or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 Alterations were installed with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsLandlord's consent.

Appears in 2 contracts

Samples: Sublease Agreement (Wink Communications Inc), Sublease Agreement (Wink Communications Inc)

Alterations. Tenant shall not make or permit to be made any alterationsaltexxxxxns, additions additions, modifications or improvements to the Premises, or change any plumbing or wiring, Premises (including without limitation painting and carpeting) without the prior written 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. Plans and specifications If Tenant desires to make any such alterations, additions, modifications or improvements, a duplicate set of plans for such work the same shall first be submitted to and approved by Landlord in advance. No fixtures shall be removed from the Premises. and Landlord shall have the right to approve Tenant’s contractors as well as request reasonable revisions and corrections to the general manner plans, all of which corrections and method in which revisions shall be incorporated by Tenant (with revised duplicate sets delivered to Landlord). All such work is 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 performedbonded and properly licensed) in accordance with the approved plans therefor and all applicable 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 that Tenant will secure all necessary permits pertaining to the aforementioned alterations, additions, modifications or improvements. Tenant shall provide reimburse Landlord upon demand therefor for all reasonable costs and expenses incurred by Landlord in connection with insurance certificates evidencing that its review of such plans and 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 contractors 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 subcontractors have adequate workmen’s compensation insuranceevery part thereof free and clear of any lien or encumbrance with respect to such work and shall indemnify and hold harmless Landlord against any claim, loss, lien, cost, demand or legal or other expense, whether in respect of any lien, injury to person or property (including the Building) or otherwise, arising out of the work performed or to be performed at the Premises or the supply of material, services or labor for such work. Tenant shall immediately notify Landlord of any such lien, claim of lien or other action of which it has knowledge and builder’s risk insurance satisfactory which affects the title to 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. Any such improvementsAll alterations, including wall coveringadditions, paneling improvements and built-in cabinet workfixtures (other than Tenant’s personal property, but excepting movable furniture provided the same are installed at no cost or expense to Landlord) which may be made or installed by either party upon the Premises shall be and trade fixtures, shall at once become a part remain the property of the realty and belong to Landlord and shall remain upon and be surrendered with the Premises. Upon , unless Landlord requests their removal, in which event Tenant shall remove the request of Tenantsame and restore the Premises to its original condition, 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, upon written demand by Landlordtaking into account normal wear and tear, at Tenant’s sole cost and expenseexpense and Tenant shall pay the entire cost of such removal. If Tenant fails to remove such property and restore the Premises as aforesaid, remove 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 or improvements made by Tenantadditions, that were (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to be removed at the end of the termmodifications and improvements, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shallincluding without limitation, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premisesdescribed in Article 2 hereof, Tenant shall notify Landlord 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 names sum of hard costs, soft costs and addresses permit fees of any such installation of alterations, additions, modifications or improvements; provided, however, that the persons supplying labor and materials so that Landlord may give notice that it construction management fee shall not be subject for any lien for Tenant’s work, in accordance exceed five percent (5%) with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made respect to the Premises by initial Tenant shall be made Improvements described in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsSection 2.4.

Appears in 2 contracts

Samples: Commercial Office Lease (Technest Holdings Inc), Commercial Office Lease (Technest Holdings Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the PremisesDemised Premises of any nature without Landlord’s prior written consent provided, or change any plumbing or wiringhowever, that Tenant may 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. Plans 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 specifications 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. Tenant may use its own contractor(s), subject to Landlord’s prior reasonable approval thereof, 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 submitted 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, including the Building or any part thereof by reason of work, labor, services, or materials requested and/or supplies claimed to have been requested by or on behalf of Tenant; and if such lien shall at any time be so filed, within thirty (30) days after said filing Tenant shall cause said lien to be canceled and discharged of record. To the extent Tenant fails to remove any mechanic’s, laborer’s or materialman’s lien filed against the Demised Premises, including the Building or any part thereof within the 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 thereafter pay and be liable to Landlord for the amount so paid by Landlord, as additional rent, 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 advanceprocuring the discharge of such lien, shall be due and payable by Tenant to Landlord as additional rent upon demand of Landlord. No The provisions of this paragraph shall survive the termination of this Lease. All fixtures and all paneling, partitions, equipment, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on Tenant’s behalf, shall be removed from by Tenant on or prior to the PremisesExpiration Date. Landlord shall have the right to approve hereby requires 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, upon written demand by Landlord, at Tenant’s sole cost and expense, to remove any alterationsall switching equipment and wiring and other equipment appurtenant thereto and the HVAC system prior to the expiration of this Lease. Notwithstanding anything contained herein to the contrary, additions or improvements made by Tenant, that were the Improvements (as hereinafter defined) (i) previously designated for removal by Landlord at are and remain the time the improvement was made or property of Landlord, (ii) designated to shall be removed surrendered by Tenant together with the Demised Premises at the end of the term, there having been in accordance with Article 24 hereof and in no request by event shall Tenant for a notification at remove the time Improvements. Upon Tenant’s removal of any furniture, fixtures, equipment and installations from the improvement was made; Demised Premises as aforesaid, Tenant shall immediately and Tenant shall, at its sole cost and 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 caused by or the Building due to such removal. At least twenty (20) days prior All property to be removed by Tenant at the commencement end of any work the term remaining in the Demised Premises after the Expiration Date shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or removed from the Demised Premises by Landlord, at Tenant’s expense. Commencing on the Premisesfirst anniversary of the Commencement Date and continuing annually thereafter throughout the term of this Lease, Tenant shall notify submit to Landlord a structural inventory. Landlord shall also have the right, on an annual basis, to access the Demised Premises, subject to the 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 names work Tenant requires to make to the Demised Premises suitable for its occupancy and addresses use (“Initial Alteration Work”), 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 persons supplying labor and materials so that Landlord may give notice that it Initial Alteration Work shall not be subject for any lien for Tenant’s work, paid by Tenant in accordance with Colorado’s mechanics’ lien statutesthe provisions of Article 43 of this lease. Landlord shall have Subject to all applicable laws, and the right to keep posted on provisions of this lease, Tenant may perform the Premises notice to such persons in accordance with such statuteInitial Alteration Work twenty four (24) hours per day, seven (7) days per week. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance required to use the Building’s Class E System contractor for all interfacing with the Americans with Disabilites Act of 1990 fire detection system as well as the electrical contractor for work in the Demised Premises. With respect to any proposed work, Tenant shall, submit (a) “load letter” evidencing Tenant’s proposed floor and its implementing regulations, electrical loads and (b) final “as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsbuilt” plans.

Appears in 2 contracts

Samples: Office Lease, Office Lease Agreement (Neutral Tandem Inc)

Alterations. Tenant shall not may make any alterations, additions additions, or improvements to the PremisesPremises (the “Alterations”), or change any plumbing or wiring, without only with the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned, or delayed. Plans 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 such Tenant’s installation or removal of those items. Tenant shall perform all work within the Premises at Tenant’s expense in compliance with all applicable laws and shall complete all Alterations in accordance with plans and specifications approved by Landlord, using contractors approved by Landlord. Tenant shall pay, when due, or furnish a bond for payment (as set forth in Section 18) all claims for labor or materials furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmens’ liens against the Premises or any interest therein. For the avoidance of doubt, Tenant shall be submitted solely responsible for payment of all costs and expenses related to Landlord in advance. No fixtures shall be removed from any Alteration or other work performed by, or at the direction of, Tenant at 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. post or deliver any notices Tenant shall provide Landlord with insurance certificates evidencing that remove 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, 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 be removed Alterations at the end of the term, there having been no request by Lease term unless Landlord conditioned its consent upon Tenant for leaving a notification specified Alteration at the time the improvement was made; Premises, in which case Tenant shall not remove such Alteration and it shall become Landlord’s property. Tenant shall, at its sole cost and expense, shall immediately repair any damage to the Premises caused by such removalremoval of Alterations. At least twenty (20) days prior Tenant agrees to the commencement and shall indemnify and hold Landlord harmless against all liability, loss, damage, costs, attorneys’ fees and other expenses arising from claims of any lien of laborers or materialmen for work on performed or materials or supplies furnished for Tenant at the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 2 contracts

Samples: Lease Agreement (iCap Vault 1, LLC), Lease Agreement (iCap Vault 1, LLC)

Alterations. The parties hereby agree that, while the provisions of this Section 5.12 apply to the initial Tenant’s Work, if, with respect to the initial Tenant’s Work, there is any inconsistency between the provisions of Exhibit B-1 and the provisions of this Section 5.12, the provisions of Exhibit B-1 shall control. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or 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 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 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 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 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 Tenant’s initial improvements performed pursuant to Article III hereof and Exhibits B-1 and B-2 attached hereto, 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 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 terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord, but upon at least ten (10) business days’ prior written notice to Landlord, to make alterations, additions or improvements to the PremisesPremises 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 change the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (iii) the cost of any plumbing individual alteration, addition or wiringimprovement 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, without Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, no later than ten (10) days after the prior written making of such changes for which Landlord consent of Landlord. Plans 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 submitted responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to Landlord the Building that are required in advanceorder to comply with Legal Requirements as a result of any work performed by Tenant. No fixtures shall be removed from the Premises. Subject to, and in accordance with, Section 5.4, Landlord shall have the right to approve provide such reasonable 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 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 Premises by Tenant’s contractors as well as , 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 general manner and method in Premises or the Buildings or the Site and, within ten (10) business days, to discharge or bond over any such liens which such work is to be performedmay so attach. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurancepay, and builder’s risk insurance satisfactory as Additional Rent, 100% of 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 Landlord. Any such improvementsthe Premises made by Tenant at any time after the Delivery Date, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part as determined solely by the records 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by Tenanttax assessing authority; provided however, that were (i) previously designated for removal such taxes shall only be payable by Landlord at Tenant if, and to the time extent that, such taxes, and the improvement was made amount thereof, are specifically identified, in the records of the tax assessor, as arising solely from such Tenant alteration, addition or improvement, and (ii) designated if real estate taxes are determined by the tax assessor based upon a capitalization of income approach, then in no event shall there be deemed to be removed at any additional taxes payable for the end purposes of the term, there having been no request by Tenant for a notification at the time the improvement was madeSection 2.7; and further provided however, that Tenant shallshall not be responsible for real estate taxes on the Property attributable to any alteration, at its sole cost and expense, repair any damage improvement or addition to the Premises caused by such removal. At least twenty (20) days prior as part of Tenant’s Work to the commencement extent that the same is paid for by application of the Tenant Allowance. Tenant acknowledges and agrees that Landlord shall be the owner of any work on the Premisesadditions, Tenant shall notify Landlord of the names alterations 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, improvements in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made the Building to the Premises extent paid for by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsLandlord.

Appears in 2 contracts

Samples: Lease Agreement (Carbon Black, Inc.), Lease Agreement (Carbon Black, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements Subject to the Premisesterms of this Paragraph 14, or change any plumbing or wiring, without the prior written 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 Tenant shall have the right to approve Tenant’s contractors as well as perform certain alterations to 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 LandlordPremises. Any such improvements, including wall covering, paneling alterations made shall remain on 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 expiration of the 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. Upon the request of TenantIf Landlord fails to timely make such election, Landlord Tenant shall notify Tenant, at the time the improvement is made, if said improvement will not be required to be removed upon 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 term. As of the commencement dateTerm, there are no existing improvements that will be required elect to be removed by the require Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expense, to remove any alterationsalterations which Tenant may have made to the Premises. If Landlord so elects, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expenseown cost, repair any damage 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 not, without Landlord’s prior written approval, be permitted to make alterations to the Premises caused by such removal. At that affect the structural portions of, or slab of, the Building, materially and adversely affect the Building’s systems and/or materially affect the appearance of the Building or the Premises Land viewed from the exterior, provided that Tenant shall notify Landlord in writing at least twenty fifteen (2015) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord alteration(s) and within thirty (30) days of completion of the names and addresses applicable alteration(s) and, if completed, deliver to Landlord a set of the persons supplying labor plans and materials so that Landlord may give notice that it specifications therefor, either “as built” or marked to show construction changes made. The performance of Tenant’s Work shall not be subject for any lien for Tenant’s workgoverned by the terms of this Paragraph 14, in accordance with Colorado’s mechanics’ lien statutes. Landlord but shall have rather be governed by the right to keep posted on terms of Subparagraph 4(d) and Paragraph 9 above and the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, Work Letter Agreement attached hereto as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.Exhibit C.

Appears in 2 contracts

Samples: Standard Industrial Lease, Standard Industrial Lease (Solyndra, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements alterations to the Premises, or change any plumbing or wiring, the Property without the Landlord's prior written consent unless such alterations are non-structural and have a total aggregate cost of less than $3,000.00 per occurrence. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord. Plans and specifications for such work , shall be submitted to Landlord performed by Tenant and its contractors in advance. No fixtures a first class workmanlike manner and permits and inspections shall be removed obtained 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 Landlordrequired governmental entities. Any such improvements, including wall covering, paneling alterations made shall remain on 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 Premises upon expiration or termination of Tenantthis Lease, except that Landlord shall notify Tenantmay, at the time the improvement is made, if said improvement will be required to be removed upon the within thirty (30) days before or thirty (30) days after expiration of the term. As Term, elect to require Tenant to remove some or all of the commencement datealterations which Tenant may have made to the Premises, there are no existing unless Landlord has previously agreed in writing that any one or more particular such 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, 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 need not be removed at the end of the termTerm. If Landlord so elects, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, shall at its sole own cost and expense, repair any damage restore the Premises to the Premises caused condition designated by such removal. At least twenty Landlord in its election, before the last day of the Term or within thirty (2030) days prior after notice of its election is given, whichever is later. Should Landlord consent in writing to the commencement Tenant's alteration of any work on the Premises, Tenant shall notify contract with a contractor approved by Landlord for the construction of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made 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 Americans with Disabilites Act Premises free and clear of 1990 and its implementing regulations, as amended or supplemented all mechanics' liens which may result from time to time, and all similar applicable state and local laws, rules and regulationsconstruction by Tenant.

Appears in 2 contracts

Samples: Standard NNN Lease (Infoseek Corp), Standard NNN Lease (Infoseek Corp)

Alterations. 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 next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall not make any no alterations, additions additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises, or change any plumbing or wiring, Premises without the prior written consent of Landlord. Plans For all Alterations that require the prior written consent of Landlord, Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or 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 specifications for such work shall be submitted utilize only Landlord’s building standard materials (“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 advance. No fixtures shall be removed from the Premises. its discretion may deem reasonable or desirable, provided that, for projects that do not exceed $100,000.00, Landlord shall have 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 right cost thereof to approve Tenant’s contractors as well as the general manner and method in which such work is to be performedLandlord. Tenant shall provide Landlord obtain all required permits for the Alterations and shall perform the work in compliance with insurance certificates evidencing that all applicable laws, regulations and ordinances with contractors and subcontractors have adequate workmen’s compensation insurancereasonably acceptable to Landlord, and builderexcept 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 risk insurance consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Any such improvementsLandlord 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 constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including wall covering, paneling and built-without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in cabinet workthe Work Letter), but excepting movable furniture and excluding moveable trade fixtures, furniture, office/telephone equipment, computers and other personal property shall at once become a part the property of the realty and belong to Landlord and shall be surrendered with the PremisesPremises at the end of the Term, except that Landlord may, by notice 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 (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. Upon the request of Tenant, Landlord shall notify Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the improvement Alteration or any portion thereof, is madea Required Removable and Landlord shall 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 10 day period set forth in the preceding sentence, if said improvement will Tenant shall have the right to 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 required deemed to be removed upon the expiration an approval by Landlord. In connection with its removal 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 hereofRequired Removables, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, shall repair any damage to the Premises caused by such removal. At least twenty (20) days prior arising from that removal and shall restore the affected area to the commencement of any work on the Premisesits pre-existing condition, Tenant shall notify Landlord of the names reasonable wear 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationstear excepted.

Appears in 2 contracts

Samples: Lease (Inari Medical, Inc.), Lease (Inari Medical, Inc.)

Alterations. Construction by Tenant of Alterations shall be governed by the following: A. Except as set forth below, Tenant shall not make construct any alterationsTenant Alterations or otherwise alter, additions improve, modify, or improvements perform any work of improvement to the PremisesPremises without Landlord's prior written approval. However, or change any plumbing or wiringTenant shall be entitled, without Landlord's prior approval, to 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 constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant Alterations (whether 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 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 consent notice of its intention to commence such construction, and (iv) if requested by Landlord. Plans , Tenant has obtained contingent liability and specifications for such work shall be submitted broad form builders' risk insurance in an amount reasonably satisfactory to Landlord in advance. No fixtures if there are any perils relating to the proposed 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 PremisesPremises except with Landlord's advance written permission. At the expiration or sooner termination of the Lease Term, all Tenant Alterations shall be surrendered to 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 shall then become Landlord's property, and shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenanthave no obligation to reimburse Tenant for all or any portion of the value or 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 Lease Term. Notwithstanding the foregoing, Tenant shall not be 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 the improvement is madeTenant requested Landlord's approval, if said improvement will be required Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to be removed upon remove such Leasehold Improvement at the expiration of the term. As of Lease Term; and (iii) at the commencement datetime Landlord granted its approval, there are no existing improvements it did not inform Tenant that will be required it would require Tenant to be removed by the Tenant upon remove such Leasehold Improvement at the expiration of the term. Upon the expiration of the term hereof, Tenant shall, upon written demand by Lease Term. D. 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage 's consent to the Premises caused by such removalconstruction of Tenant Alterations may be withheld in Landlord's sole discretion. At least twenty (20) days prior 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 commencement of any work on the Premisescompleteness, Tenant shall notify Landlord of the 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 workcompetency, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additionsdesign sufficiency, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with Law of such Tenant Alterations or the Americans with Disabilites Act of 1990 plans and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsspecifications therefor.

Appears in 2 contracts

Samples: Lease (Harmonic Inc), Lease (Harmonic Inc)

Alterations. Tenant shall not make no changes in or to demised premises of any alterations, additions or improvements nature without Owner's prior written consent. Subject to the Premises, or change any plumbing or wiring, without the prior written consent of LandlordOwner and to the provisions of this articles, Tenant at Tenant's expense, may make alterations, installations, additions or improvement which are nonstructural 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. Plans Tenant shall, before making any alterations, installations, additions or improvement, at its expense, obtain all permits, approvals and specifications 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 Owner and 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 Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for such work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be submitted 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 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 Landlord Tenant no later then twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in advance. No fixtures which event, the same shall be removed from the Premisespremises by Tenant prior to the expirations of the lease, at Tenant's expense. Landlord Nothing in this article shall have 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 such from the right to approve Tenant’s contractors premises or upon removal of other installations as well as the general manner and method in which such work is to may be performedrequires by Owner. Tenant shall provide Landlord with insurance certificates evidencing that all contractors immediately and subcontractors have adequate workmen’s compensation insuranceat its expense, repair and builder’s risk insurance satisfactory restore the premises to Landlordthe condition existing prior ro installation and repair any damage to the demised premises or the building due to such removal. 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 All property permitted or required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the termterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, there having been no request by Tenant for a notification at the time election of Owner, either be retained as Owner's property or may be removed from the improvement was made; and Tenant shall, premises by Owner at its sole cost and Tenant's expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 2 contracts

Samples: Lease Agreement (Learners World Inc), Lease Agreement (Learners World Inc)

Alterations. Tenant shall not make any no alterations, additions or improvements to the Premises, or change any plumbing or wiring, Premises without the prior written consent of Landlord. Plans , and specifications for 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 submitted to done and requirements that Tenant provide Landlord in advance. No fixtures shall be removed from with labor, material, payment and performance bonds (collectively the Premises"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 approve Tenant’s contractors permitted alterations, additions, and improvements to the Premises as well 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 all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with rules, orders, directions, regulations and requirements of the general manner and method in which Pacific Fire Rating Bureau or any other organization performing a similar function. Before commencing any work, Tenant shall give Landlord at least five (5) days' notice of the proposed commencement date of such work is to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insuranceshall, if required by Landlord, secure at Tenant's own cost and builder’s risk insurance expense, the bonds, in a form reasonably satisfactory to Landlord, for said work naming Landlord (and such other persons as Landlord may reasonably request) as insureds under the bonds. Any All such improvementsalterations, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, additions or improvements shall at once become a part the property of the realty and belong to Landlord and shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenantas a part thereof, 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 end of the term hereof, except that Landlord may, by notice to Tenant shall, upon written demand by Landlord, given at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by Tenant, that were least thirty (i30) previously designated for removal by Landlord at the time the improvement was made or (ii) designated days prior to be removed at the end of the term, there having been no request require Tenant to remove all partitions, counters, railings and the like installed by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, to repair any damage to the Premises caused by form such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 workmake no alteration, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes addition or improvements made improvement to the Premises by Tenant shall that can be made in compliance with seen from the Americans with Disabilites Act exterior of 1990 and its implementing regulationsthe Building or from any common area of the Building, as amended or supplemented from time to timeincluding without limitation window treatments, curtains, and all similar applicable state and local laws, rules and regulationsbinds.

Appears in 2 contracts

Samples: General Office Lease (Micron Electronics Inc), General Office Lease (Micron Electronics Inc)

Alterations. Tenant shall not make any alterations, additions or improvements alterations to the Premises, or change including any plumbing or wiringchanges to the existing landscaping, without the Landlord's prior written 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 performedconsent. Tenant shall may make non-structural alterations costing less than $50,000 per event without Landlord's consent. Regardless of whether Landlord's consent for alteration is required, Tenant must 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by Tenant, that were least fifteen (i15) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) business days prior to the commencement of any work 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 accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the 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, in connection with Tenant's request for Landlord's approval of any such alteration, elect to require Tenant to remove some or all 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 notify 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 names Premises free and addresses 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 may be required in the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for any lien for conduct of Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes's business. Landlord Tenant shall have the right right, but not the obligation (except at the expiration or prior termination of the Term), to keep posted on remove the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to same at any time, to finance the purchase thereof, to grant security interests therein and all similar applicable state and local laws, rules and regulationsto otherwise encumber same.

Appears in 2 contracts

Samples: Standard Modified Gross Office Lease (Earthlink Inc), Standard Modified Gross Office Lease (WWW Holdings Inc)

Alterations. Tenant shall not make any alterations, additions permit alterations in or to the 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 which do not affect the structure, mechanical systems or electrical systems of the Building. In situations where Landlord’s prior approval is not so required, Tenant 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), Landlord may require Tenant to remove the Premises, or change any plumbing or wiring, without the prior written consent of Landlord. Plans alterations (Landlord and specifications for such work Tenant shall expressly agree on which party shall be submitted responsible for removal of the alteration in writing, at the time such approval is given to Tenant by Landlord in advance. No fixtures shall be removed from the Premises. Landlord shall have the right or, with respect to approve alterations not requiring Landlord’s approval, within a reasonable time following Landlord’s receipt of Tenant’s contractors as well as notice) and restore the general manner and method in which Leased Premises upon termination of this Lease; otherwise, all 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, alterations shall at once Landlord’s option become a part of the realty and belong to Landlord the property of 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 not be removed by the Tenant upon the expiration of the termTenant. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so ensure 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant all alterations shall be made in compliance accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the Americans with Disabilites Act original construction of 1990 and its implementing regulations, as amended the Building. No person shall be entitled to any lien derived through or supplemented from time under Tenant for any labor or material furnished to timethe 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 or any subtenant of Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all similar applicable state costs, losses, expenses and local laws, rules attorneys’ fees in connection with any construction or alteration and regulationsany related lien.

Appears in 2 contracts

Samples: Lease Agreement (Interface Security Systems, L.L.C.), Lease Agreement (Interface Security Systems Holdings Inc)

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant shall not make any alterations, additions or improvements to given the Premises, or change any plumbing or wiring, without the prior written consent availability 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 Tenantemployees, 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove 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 alterationsof the foregoing work on Tenant’s behalf, additions or improvements made within 10 days of Landlord’s request therefore (which request shall be accompanied by Tenantreasonable documentation of such costs and expenses), that were (i) previously designated for removal Tenant shall pay to Landlord the amount incurred by Landlord at in connection with the time performance of such work on Tenant’s behalf (and the improvement was made or 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 (ii) designated and if Landlord fails to be removed at carry insurance expressly required of Landlord by the end terms of this Lease, to the termextent such insurance would not have covered the loss), there having been no request by Tenant shall reimburse Landlord for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any of repairing damage to the Premises Building caused by such removalthe acts of Tenant, Tenant Related Parties and their respective contractors and vendors. At least twenty (20) days prior If Tenant fails to make any repairs to the commencement Premises required of any work on Tenant by the Premises, Tenant shall notify terms of this Lease for more than 15 days after notice from Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give (although notice that it shall not be subject for any lien for Tenant’s workrequired in an emergency), in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have may make the right to keep posted on the Premises notice to such persons in accordance with such statute. All additionsrepairs, alterations, changes or improvements made to the Premises by and Tenant shall be made in compliance pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the Americans with Disabilites Act cost of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsthe repairs.

Appears in 2 contracts

Samples: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)

Alterations. Tenant shall not make no changes in or to be demised premises of any alterations, additions or improvements nature without Owner's prior written consent. Subject to the Premises, or change any plumbing or wiring, without the prior written consent of LandlordOwner and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of, the demised premises by using contractors or mechanics first approved by Owner. Plans Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and specifications 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 Owner and 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 Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for such work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be submitted 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 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 Landlord Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in advance. No fixtures which event the same shall be removed from the Premises. Landlord shall have the right premises by Tenant prior 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 termlease, at Tenant's expense. As 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 such from the commencement datepremises or upon removal of other installations as may be required by Owner, there are no Tenant shall immediately and at its expense, repair and restore the premises to the condition existing improvements that will be 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 the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the termterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, there having been no request by Tenant for a notification at the time election of Owner, either be retained as Owner's property or may be removed from the improvement was made; premises by Owner at Tenant's expense. Alterations and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements additions made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsowned by Tenant for depreciation purposes.

Appears in 2 contracts

Samples: Lease Agreement (Blue Fish Clothing Inc), Lease Agreement (Blue Fish Clothing Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions or improvements to the Premises, Premises and Common Area or change attach or affix any plumbing or wiring, articles thereto without the Landlord’s prior written consent of Landlordconsent, which shall not be unreasonably withheld, conditioned or delayed. Plans All alterations, improvements, and specifications for such work additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be submitted to done only by Landlord in advance. No fixtures shall be removed from the Premises. Landlord shall have the right to approve Tenant’s or 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 insuranceor mechanics approved by Landlord, 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 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 Premises. Upon the request of Tenant, Landlord shall notify TenantLaboratory Premises may be performed, at the time the improvement is madeTenant’s option, if said improvement will by Tenant or its contractors or mechanics (which shall 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, upon written demand 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 file or which has been filed against the Premises and Common Area or the Building arising out of work done for, remove 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 date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a xxxx from Landlord. All alterations, additions improvements, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterationswhether temporary or permanent in character, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.made

Appears in 2 contracts

Samples: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)

Alterations. Tenant shall not make any alterationsalteration, additions addition or improvements ----------- improvement in, to or upon the Premises, or change any plumbing or wiring, Premises ("Alteration") without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld with respect to proposed Alterations which (i) are not structural in nature, (ii) do not affect the Base Building Components, (iii) are, in Landlord's opinion, compatible with the Building and the balance of the Real Property and the Building's mechanical, plumbing, electrical, heating/ventilation/air conditioning, communication, security and fire and other life safety systems (collectively, the "Building Systems"), and (iv) in Landlord's opinion will not interfere with the use and occupancy of any other portion of the Building or the Real Property by any other tenant or permitted occupant thereof. Plans Tenant shall give Landlord not less than ten (10) days' prior written notice of any Alteration Tenant desires to make. Any Alterations as to which Landlord shall consent shall be made only by contractors approved in advance, in writing by Landlord, which approval shall not be unreasonably withheld; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform any work relating to or affecting the Building Systems or the Base Building Components. Tenant shall comply with all Legal Requirements applicable to each Alteration and shall deliver to Landlord a complete set of "as built" plans and specifications 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 shall be submitted to Landlord in advance. No fixtures shall be removed from the Premises. Landlord shall have the right to approve at Tenant’s contractors as well as the general manner and method in which such work is to be performed's expense). Tenant shall provide be solely responsible for maintenance and repair of all Alterations made by Tenant. Tenant shall pay Landlord with insurance certificates evidencing that all contractors 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 subcontractors have adequate workmen’s compensation insurancefor purposes of calculating the Alteration Fee, such cost shall include architectural and builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-in cabinet workengineering fees, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong not include permit fees) as compensation to Landlord for miscellaneous costs incurred by Landlord in connection with the Alteration. In addition, Xxxxxx shall reimburse Landlord for all third party fees paid by Landlord in connection with reviewing the proposed Alterations (whether or not the proposed Alterations are ultimately approved by Landlord or made by Xxxxxx), including, without limitation, Xxxxxxxx's architectural and engineering fees. All Alterations shall be surrendered performed diligently and in a first-class workmanlike manner and in accordance 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, upon written demand plans and specifications approved by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by Tenant, that were shall comply with Landlord's construction procedures and requirements for the Building (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated including Landlord's reasonable requirements relating to be removed at the end insurance and contractor qualifications and scheduling of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations).

Appears in 2 contracts

Samples: Net Lease (Avantgo Inc), Net Lease (Avantgo Inc)

Alterations. Except for non-structural Alterations that (i) do not exceed $40,000 in the 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 alterationsAlterations in or to the Premises without first obtaining Landlord’s consent, additions which consent shall not be unreasonably withheld, conditioned or improvements 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 any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, and (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 trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Premises, any Building System or change any plumbing other equipment or wiringfacilities 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 of Landlord. Plans and specifications to plans for such work conversion, which consent shall not be submitted 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 third party out-of-pocket costs (including, without limitation, governmental permit fees) incurred for the Warehouse Conversion. Any and all costs incurred by Tenant in excess of the Allowance are Xxxxxx’s obligation. If Landlord in advance. No fixtures shall be removed from fails to deliver the Premises. Allowance to Tenant within thirty (30) days of Tenant’s separate written demand therefore, along with the foregoing required documentation, and provided Landlord has not notified Tenant of any objection to the Allowance submittal invoices or the foregoing required documentation or dispute relating thereto, then Tenant shall have the right to approve offset such unpaid amount against Tenant’s contractors as well as obligation to pay Rent until the general manner and method Allowance is exhausted 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsfull.

Appears in 2 contracts

Samples: Lease (JFrog LTD), Lease Agreement (JFrog LTD)

Alterations. After the Commencement Date, Tenant shall not make or permit any alterationsAlterations in, additions on or improvements to about the Premises, or change any plumbing or wiringexcept for nonstructural Alterations that do not impact the Building systems nor exceed One Thousand Dollars ($1,000.00) in cost, without the prior written consent of Landlord. Plans , and according to plans and specifications for such work 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 any: (i) Alterations to the exterior of the Building; (ii) Alterations to and penetrations of the roof of the Building; and (iii) 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 submitted to Landlord installed at Tenant’s sole expense, in advance. No fixtures compliance with all applicable laws, by a licensed contractor, shall be removed from done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall have the right to approve not be deemed Tenant’s contractors as well as the general manner and method in which such work is to be performed. Personal Property; provided, however, that if Landlord informed 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 of its approval of any Alterations that Tenant would be required to be removed upon remove such Alterations from the Premises at the expiration or sooner termination of the term. As of the commencement datethis Lease, 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, then Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expense, remove such Alterations from the Premises at the expiration or sooner termination of this Lease and restore the Premises to their condition existing prior to the installation of such Alterations. Notwithstanding any alterationsother provision of this Lease, additions or improvements Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by Tenant, that were (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform work on the Premises caused by such removal. At 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 work on the Premises, Tenant shall notify Landlord of the 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 such work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 2 contracts

Samples: Standard Office Lease (VirnetX Holding Corp), Standard Office Lease (Pasw Inc)

Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, delayed or 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 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 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 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 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 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, 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 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 Premises, or change Building that are required in order to comply with Legal Requirements as a result of any plumbing or wiring, without the prior written consent of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from the Premisesperformed by Tenant. Landlord shall have the right to approve 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’s contractors as well as , 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 general manner Premises or the Buildings or the Site and method in immediately to discharge any such liens which such work is to be performedmay so attach. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurancepay, and builder’s risk insurance satisfactory to Landlord. Any such improvementsas Additional Rent, including wall covering100% of any real estate taxes on the Complex which shall, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part any time after commencement of the realty and belong Term, result from any alteration, addition or improvement 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, that were (i) previously designated for removal by Landlord at alterations and improvements in the time Premises or the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage Building to the Premises caused extent paid for by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsLandlord.

Appears in 2 contracts

Samples: Lease Agreement (Proteon Therapeutics Inc), Lease Agreement (Proteon Therapeutics Inc)

Alterations. Tenant shall not make any alterations, additions permit alterations in or improvements to the Premises, or change any plumbing or wiring, without Leased Premises unless and until the prior written consent of Landlord. Plans and specifications for such work shall be submitted to plans have been approved by Landlord in advancewriting, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. No fixtures shall be removed from As a condition of such approval, Landlord may require Tenant to remove the Premises. Landlord shall have alterations and restore the right to approve Tenant’s contractors as well as the general manner and method in which Leased Premises upon termination of this Lease; otherwise, all 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, alterations shall at once Landlord's option become a part of the realty and belong to Landlord the property of 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 not be removed by the Tenant upon the expiration of the termTenant. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so ensure 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant all alterations shall be made in accordance with all applicable laws, regulations and building codes, 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 other provisions of this Section, to make any non-structural alterations to the Americans with Disabilites Act of 1990 and its implementing regulations, as amended Leased Premises which do not materially impact the Building's mechanical or supplemented from time to timeelectrical systems, and the aggregate cost of which does not exceed Fifty Thousand Dollars ($50,000.00) per project for a total project cost not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) per year, provided that Tenant gives Landlord fifteen (15) business days prior written notice of any such alteration, along with copies of all similar applicable state plans and local laws, rules specifications relating thereto and regulationscomplies with Landlord's reasonable and customary procedures.

Appears in 2 contracts

Samples: Office Lease Agreement (Interactive Intelligence Inc), Office Lease Agreement (Interactive Intelligence Inc)

Alterations. Tenant 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 make be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterationsalterations that will not have a material adverse effect on any Borrower’s or Mortgage Borrower’s financial condition, additions the value of the Collateral, the applicable Property or improvements the Net Operating Income, provided that such alterations (a) are made in connection with tenant improvement work performed pursuant to the Premisesterms of any Lease, (b) do not materially adversely affect any structural component of any Improvements, any utility or change HVAC system contained in any plumbing Improvements or wiring, without the prior written consent exterior 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 any building constituting a part of any Improvements and the realty 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 belong provisions of the Mortgage Loan Agreement and this Agreement. To the extent Lender’s prior written approval is required pursuant to Landlord this Section 5.1.21, 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 surrendered 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 Premises. Upon Improvements at any Property (other than such amounts to be paid or reimbursed by tenants under the request Leases) shall at any time exceed the Alteration Threshold Amount, Borrowers shall promptly deliver to Lender as security for the payment of Tenantsuch amounts and as additional security for Borrowers’ obligations under the Loan Documents any of the following: (A) cash, Landlord (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; provided, however, that (i) in the event (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 (ii) upon request, Lender receives evidence reasonably acceptable to it of the delivery of such security by Mortgage Borrowers to Mortgage Lender, or by First Mezzanine Borrowers to First Mezzanine Lender, as applicable, then Borrowers shall notify Tenant, at the time the improvement is made, if said improvement will not be required to deliver any such security to Lender. Such security (if given as set forth above) shall be removed upon in an amount equal to the expiration excess of the term. As of total unpaid amounts with respect to alterations to the commencement date, there are no existing improvements that will be required Improvements on the applicable Property (other than such amounts to be removed paid or reimbursed by tenants under the Tenant upon Leases) over the expiration Alteration Threshold Amount and during the continuance of the term. Upon the expiration an Event of the term hereofDefault, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by Lender may apply such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented security from time to time, and all similar applicable state and local laws, rules and regulationstime at the option of Lender to pay for such alterations.

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 shall not make any alterations, additions or improvements be permitted to the Premises, or change any plumbing or wiring, without the prior written 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shallmake, at its sole cost and expense, repair any damage non-structural alterations and additions to the interior of the Premises caused by 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 removalalterations does not exceed Fifty Thousand Dollars ($50,000) each job and One Hundred Thousand Dollars ($100,000) cumulatively each calendar year (the “Permitted Improvements”). At least twenty (20) days prior to the commencement of any work on the PremisesTenant, Tenant however, shall first notify Landlord of the names and addresses of the persons supplying labor and materials such Permitted Improvements so that Landlord may give notice that it post a Notice of Non-Responsibility on the Premises. Except for the Permitted Improvements, Tenant shall neither install any signs, fixtures, or improvements, nor make or permit any other alterations or additions (individually, an “Alteration”, and collectively, “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be subject for unreasonably withheld so long as any lien 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 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) at 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 installed by a licensed, insured (and bonded, at Landlord’s option) contractor (reasonably approved by Landlord) in compliance with all applicable Laws, Development Documents, Recorded Matters, and Rules and Regulations and (ii) performed in a good and workmanlike manner and 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 workAlterations shall neither create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any Laws. As Additional Rent, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and 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 the total cost of the Alterations. If Tenant makes any Alterations, Tenant shall carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require. All such Alterations shall be insured by Tenant in accordance with Colorado’s mechanics’ lien statutesSection 12 of this Lease immediately upon completion. Tenant shall 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 Alterations, (a) cause its contractor(s) and/or major subcontractor(s) to provide insurance as 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 have require to assure payment of the right costs thereof to keep posted on protect Landlord and the Premises notice to such persons in accordance with such statute. All additionsProject from and against any mechanic’s, alterations, changes materialmen’s or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsother liens.

Appears in 2 contracts

Samples: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)

Alterations. Tenant Borrower shall obtain Lender's prior written consent, which consent shall not make be unreasonably withheld or delayed, to any alterations, additions or improvements alterations to the PremisesImprovements, the cost of which is reasonably anticipated to exceed $1,000,000 (the "THRESHOLD AMOUNT") or change 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 plumbing Lease executed on or wiringbefore the date hereof, without (b) tenant improvement work performed pursuant to the prior written consent terms and provisions of Landlord. Plans a Lease executed after the date hereof and specifications for such work shall be submitted to Landlord not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in advance. No fixtures shall be removed from any Improvements or 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 exterior of any building constituting a part of any Improvements (it being understood that 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it foregoing provision shall not be subject for require Lender's consent to Tenants' exterior signage pursuant to any lien for Tenant’s work, Lease approved by Lender in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on terms and provisions of this Deed of Trust) or (c) alterations performed in connection with the Premises notice to such persons restoration of the Trust Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this 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, such statute. All additions, alterations, changes or improvements made to the Premises by Tenant consent shall be made deemed granted, provided that such 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 reasons for such refusal. Any approval by Lender of the plans, specifications or working drawings for alterations of the Trust Property shall not create responsibility or liability on behalf of 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 Americans with Disabilites Act of 1990 total unpaid amounts due and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.payable with

Appears in 2 contracts

Samples: Deed of Trust (Maguire Properties Inc), Deed of Trust (Maguire Properties Inc)

Alterations. Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises, either at the inception of this Lease or change any plumbing or wiringsubsequently during the Term, except as permitted pursuant to Section 8.04 below, without obtaining the prior written consent of Landlord. Plans Landlord shall not unreasonably withhold or delay its consent to any alterations, additions or improvements to the interior of the Premises proposed by Tenant, except to the extent such alterations, additions or improvements (i) affect the structural elements of the Building; (ii) affect the 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 for of all such alterations, additions or improvements, and no such work shall be commenced by Tenant until Landlord has given its written approval thereof. 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 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 design, materials or workmanship resulting from Tenant’s alterations, additions or improvements to Landlord in advance. No fixtures shall be removed from the Premises. Landlord All repairs, alterations, additions, and restoration by Tenant hereinafter required or permitted shall have the right to approve Tenant’s contractors as well as the general be done in a good and workmanlike manner and method in which such work is to be performedcompliance with all applicable laws and lawful ordinances, by-laws, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Building. Tenant shall provide not permit liens of any kind to be imposed upon the Premises or Building and Tenant shall discharge of record any such liens or post adequate security or bond within five (5) days after written notice thereof. Tenant shall reimburse Landlord for Landlord’s reasonable charges for Verus Lease v06 -20- February 2, 2005 (8:51 pm) reviewing and approving or disapproving plans and specifications for any alterations proposed by Tenant, and as a deposit against such obligation Tenant shall submit to Landlord with each request to make any alteration, additions or improvements to the Premises 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 certificates evidencing that premiums incurred by Landlord to include such alterations in the Landlord’s all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory to Landlord. Any such improvementscoverage requirements set forth in Section 5.01; provided, including wall coveringhowever, 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, that Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be required to include the Tenant’s alterations under Landlord’s all risk insurance only to the extent such insurance is actually obtained by Landlord and such alterations are insurable under Landlord’s insurance. If such Tenant alterations are not or cannot be removed upon included in the expiration coverage 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 hereofLandlord’s insurance, Tenant shallshall insure the alterations under Tenant’s all risk insurance policy or policies as set forth in Section 5.01. Tenant shall require that any contractors used by Tenant 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 obtain, upon written demand by Landlord, on behalf of Tenant and at Tenant’s sole cost and expense, remove before proceeding with any alterationsalteration the cost of which exceeds Five Thousand Dollars ($5,000) a completion and lien indemnity bond, additions or improvements made by Tenantother surety, that were (i) previously designated reasonably satisfactory to Landlord for removal by such alteration. Landlord at the time the improvement was made or (ii) designated to be removed at the end may require proof of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days insurance prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 2 contracts

Samples: Consent to Assignment Agreement (Zogenix, Inc.), Consent to Assignment Agreement (Zogenix, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises, or change any plumbing or wiring, without the prior written 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage alterations to the Premises caused by such removal(“Alterations”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, provided however that Tenant may make non-structural alterations costing less than $10,000 per event without Landlord’s consent. At Regardless of whether Landlord’s consent for an Alteration is required, Tenant must provide Landlord at least twenty fifteen (2015) business days prior to the commencement of any work on 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 accordance with the laws of the state in which the Premises are located. All Alterations made by Tenant, whether or not subject to Landlord’s consent, 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. Landlord shall respond to 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 Alterations shall be deemed approved and not subject to removal at the end of the Term. At the time Landlord gives its consent to any Alterations, it shall designate whether Tenant will be required to remove some or all of such Alterations upon the 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, Tenant shall notify 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, Landlord will inspect the existing alterations and improvements in the Premises within ninety (90) days of the names date the Lease is executed in full by both parties, and addresses of the persons supplying labor and materials so that Landlord may give notice that it Tenant shall not be obligated to remove any elements of the existing alterations and improvements that Landlord approves, but subject for to the paragraph immediately above, shall be obligated to remove as of the Expiration Date of this Lease any lien for Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or alterations and improvements made to the Premises by made subsequent to the Commencement Date of the Prior Lease (as defined below) which Landlord has not approved in writing. 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 made in compliance with deemed approved and need not be removed as of the Americans with Disabilites Act Expiration Date of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsthis Lease.

Appears in 2 contracts

Samples: Standard Single Tenant NNN Lease (Lsi Logic Corp), Standard Single Tenant NNN Lease (Lsi Logic Corp)

Alterations. Except for the initial Tenant Improvements and Non-Material Alterations (as defined below), Tenant shall not make alterations in or to the Leased Premises unless and 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, additions additions, or improvements in or to the PremisesLeased Premises or Building. As a condition of such approval (and at the time of such approval), or change any plumbing or wiringLandlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, without the prior written consent of Landlord. Plans and specifications for all 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, alterations shall at once Landlord’s option become a part of the realty and belong to the property of Landlord at the expiration or earlier termination of this Lease, and shall not be surrendered with removed by Tenant. For purposes of clarification, Tenant will not be required to remove (i) the Premises. Upon initial Tenant Improvements, (ii) alterations for which Landlord did not notify Tenant of the request of Tenant, Landlord shall notify Tenant, removal requirement at the time of Landlord’s approval, and (iii) any Alterations for which Landlord gives a removal notice less than thirty (30) days before the improvement termination of this Lease. Tenant shall ensure that all alterations shall be made in accordance with all Applicable Laws in a good and workmanlike manner and of quality equal to or better than the original construction of the Building; provided Landlord’s approval of such plans shall not be deemed a representation by Landlord that same comply with Applicable Laws. 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 Landlord’s consent to the creation of any lien. If any lien is madefiled against the Leased Premises for work claimed to have been done for or materials claimed to have been furnished to Tenant, if said improvement will Tenant shall cause such lien to be discharged of record or bonded against 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 the foregoing, Tenant shall be required to give prior written notice to Landlord, but Tenant shall not be removed required to obtain Landlord’s consent, for alterations to 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 non- structural in nature, (ii) do not materially affect any of the 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 obtain Landlord’s prior approval, to use a specific contractor, or to furnish performance bonds or completion guaranties for Non-Material Alterations; provided, Landlord reserves the right to require that Tenant remove any Non-Material Alterations upon the expiration or earlier termination of this Lease and restore any resulting damage to 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 shallBuilding, upon written demand by Landlord, notice to Tenant at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by Tenant, that were least one hundred eighty (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20180) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord end of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsLease Term.

Appears in 2 contracts

Samples: Lease Agreement (Grail, Inc.), Lease Agreement (Grail, 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 that such notice is required. All of the following shall apply with respect to all Alterations unless otherwise approved in writing by the Landlord: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, 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 make be increased; and (d) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations. Additionally, before proceeding with any alterationsAlterations, additions Tenant shall (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) if Landlord’s consent is required for the 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 not proceed with such Alterations until it has received Landlord’s approval (if required); 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 improvements any other restrictions that Landlord may impose on the Alterations. Tenant shall cause the Alterations to be diligently performed in a good and workmanlike manner, using materials and equipment at least equal in quality and class to the Premises, or change any plumbing or wiring, without standards for the prior written consent of Property established by Landlord. Plans With respect to any and specifications all Alterations 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 Tenantwhich Landlord’s contractors as well as the general manner and method in which such work consent is to be performed. required, Tenant shall provide Landlord with insurance “as built” plans (upon completion), copies of all construction contracts, governmental – 10 – permits and certificates evidencing that and proof of payment for all contractors labor and subcontractors have adequate workmenmaterials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s compensation insuranceconsent to any Alterations is required, and builder’s risk insurance satisfactory to Landlord. Any such improvementsLandlord provides that consent, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall then at once become a part of the realty and belong to time Landlord and shall be surrendered with the Premises. Upon the request of Tenantso consents, Landlord shall notify Tenant, also advise Tenant whether or not Landlord shall require that Tenant remove such Alterations at the time expiration or termination of this Lease. If Landlord requires Tenant to remove the improvement is madeAlterations, if said improvement will be required to be removed upon then, during the expiration remainder 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the PremisesTerm, Tenant shall notify be responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord of the 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 Tenantrequire that Tenant remove the Alterations, such Alterations shall constitute Landlord’s work, in accordance with Colorado’s mechanics’ lien statutes. Property (defined below) and Landlord shall have be responsible for the right insurance thereof, pursuant to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsSection 10.1.

Appears in 2 contracts

Samples: Industrial Building Lease (ArcherDX, Inc.), Industrial Building Lease (ArcherDX, Inc.)

Alterations. Tenant shall not make any no alterations, installations, changes or additions in or improvements to the Premises or the Project (collectively, "Alterations") without Landlord's prior written consent, 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, or change any plumbing or wiringall 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, without using only contractors reasonably approved by Landlord in writing and upon the prior written consent reasonable approval by Landlord in writing of Landlord. Plans plans and specifications for such work shall be submitted pertaining to Landlord the Alterations 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 question, to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all contractors prepared 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, 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 be removed at the end of the term, there having been no request submitted by Tenant for a notification at the time the improvement was made; and Tenant shall, 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, repair 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 deemed to constitute Landlord's consent to such Alteration. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any damage Alterations approved by Landlord. Tenant shall cause all Alterations to be performed in a good and workmanlike manner, in conformance with all applicable Laws and pursuant to a valid building permit. Landlord shall not be entitled to a construction management fee or review fee in connection with any Alterations. Notwithstanding anything to the contrary contained herein, Tenant may also make minor alterations to the Premises caused by such removal. At least twenty (20) days prior to the commencement "Minor Alterations"), without Landlord's consent, provided that the cost of any work on such Minor Alteration does not exceed $75,000 in any one instance and more than $200,000 in the aggregate during the Term; and provided further that such Minor Alteration does not (i) require any structural modifications to the Premises, Tenant shall notify Landlord (ii) require any changes to, nor adversely affect, the Project Systems, and (iii) affect the exterior appearance of the names and addresses of Project. Notwithstanding 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 rights accorded to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made Tenant pursuant to the Premises 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 Tenant 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 such permission or monitoring shall merely be made in compliance with the Americans with Disabilites Act consent of 1990 and its implementing regulations, Landlord as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsrequired hereunder.

Appears in 2 contracts

Samples: Lease (Cohu Inc), Agreement of Purchase and Sale (Cohu Inc)

Alterations. Tenant shall not make make, or suffer to be made, any alterations, improvements or additions in, on, about or improvements to the Premises, Premises or change any plumbing or wiringpart thereof (“Alterations”), without the prior written consent of LandlordLandlord (not to be unreasonably withheld) and/or without a valid building permit issued by the appropriate governmental authority, where required. Plans 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 specifications for such work trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be submitted 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 in advanceof 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). No fixtures shall be removed from the Premises. If Landlord fails to notify Tenant of Landlord’s approval or disapproval within such fifteen (15) day period, Tenant 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 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 foregoing, all contractors heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subcontractors have adequate workmen’s compensation insurancesub-panels), telephone/components, air conditioning, partitioning, drapery, and builder’s risk insurance satisfactory carpet installations made by Tenant, regardless of how affixed to Landlord. Any such improvementsthe Premises, including wall coveringtogether with all other Alterations that have become an integral part of the Building, paneling shall be and built-in cabinet workbecome the property of the Landlord upon termination of the Lease, but excepting movable furniture and shall not be deemed trade fixtures, shall at once become a part of the realty and belong to Landlord and shall remain upon and be surrendered with the PremisesPremises at the termination of this Lease. Upon If, during the request Term hereof, any Alteration is required by law, regulation, ordinance or order of any public agency as a result 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 ’s use 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 hereofPremises for purposes other than office use, Tenant 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 shall promptly make the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, same at its sole cost and expense. If during the Term, repair any damage alteration, addition, or change to the Premises caused Common Area is Required by such removal. At least twenty (20) days prior to the commencement law, regulation, ordinance or order of any work on public agency, Landlord shall make the Premisessame and the cost of such alteration, addition or change shall be a Common Area Charge and Tenant shall notify Landlord of the 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 pay Tenant’s work, Pro Rata Share of said cost to Landlord as provided in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsParagraph 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 shall not make any no alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the PremisesDemised Premises or the Building, structural or change otherwise, without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. If any plumbing or wiring, such Alterations are made without the prior written consent of Landlord. Plans , Landlord may correct or remove the same, and specifications for such work Tenant shall be submitted to liable for any and all expenses incurred by Landlord in advancethe performance of such work. No fixtures All Alterations shall be removed from 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 Premisesuse 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 have be based upon the right to approve Tenant’s contractors as well as the general manner or mechanics being properly licensed, their financial posture, experience, and method in which such work is to be performedpast job performance. Tenant shall provide Landlord with insurance certificates evidencing that pay prevailing wages to all contractors and subcontractors have adequate workmen’s compensation insurancemechanics. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and builder’s risk insurance satisfactory to whether at Landlord. Any such improvements's or Tenant's expense, including wall covering, paneling or the joint expense of Landlord and built-in cabinet work, but excepting movable furniture and trade fixturesTenant, shall at once become a part be and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Upon expiration of the realty and belong Lease, Tenant shall have no obligation to Landlord and shall be surrendered with remove, modify or alter any of the Premisesinitial alterations described in Exhibit D attached. Upon the request of Tenant, Landlord shall notify TenantLandlord, at the time the improvement is made, if said improvement will be required to be removed upon the expiration of the term. As Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the commencement dateAlterations (excluding Initial Alterations), there are no existing improvements that will unless Landlord agrees in writing not to require the removal of an Alteration. Removal of Tenant's Property and Alteration shall be required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant’s sole 's 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; expense and Tenant shall, at its sole cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. At least twenty (20) days prior In 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 damages which the Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Landlord, at its own cost and expense, shall perform or provide the renovations to the commencement of any work Demised Premises as more fully described on Exhibit D (the Premises, Tenant renovations therein described being referred to herein as the “Initial Alterations”). Landlord's architect shall notify Landlord perform all of the names and addresses architectural services required in connection with the construction of the persons supplying labor and materials so that Initial Alterations. Landlord may give notice that it shall not require the use of building standard finishes for the Initial Alterations. Landlord shall be subject responsible for obtaining all necessary permits for occupancy. Landlord shall have no liability for any lien for Tenantdelay in delivering the Demised Premises due to contractor delay. Upon substantial completion of the Initial Alterations as reasonably determined by Landlord’s workarchitect, in accordance with Colorado’s mechanics’ lien statutes. Landlord this Lease shall commence and Tenant shall have the right to keep posted on occupy the Premises notice Demised Premises. “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 such persons commence beneficial use and occupancy of the Premises. Notwithstanding any provision in accordance with such statute. All additions, alterations, changes or improvements made this Lease to the Premises contrary, in the event Landlord is delayed in the substantial completion of the Initial Alterations by reason of any Tenant Caused Delay, then and in such event the Lease Commencement Date shall be made the date which Landlord’s architect reasonably determines that the Initial Alterations would have been substantially completed in compliance with the Americans with Disabilites Act absence of 1990 and its implementing regulationsthe Tenant Caused Delay. For purposes hereof, a Tenant Caused Delay shall be defined as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.follows:

Appears in 2 contracts

Samples: Office Lease Agreement (Technest Holdings Inc), Office Lease Agreement (Technest Holdings Inc)

Alterations. Tenant Any alterations that Subtenant desires to make in the Expansion Premises shall not make any alterations, additions or improvements be made at Subtenant’s sole cost and expense and shall be subject to all applicable provisions of the Premises, or change any plumbing or wiringSublease and the Master Lease including, without limitation, Article 14 of the prior written consent Sublease and Article 6 of Landlordthe Master Xxxxx. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from Notwithstanding the Premises. Landlord 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 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 Tenant’s contractors as well as the general manner detailed plans and method in which specifications for such work is to improvements and require that they 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, restored at the time at the improvement time its approval is madegiven, as provided in Section 6.1 of the Master Lease; provided, however, (a) Sublandlord’s consent shall (i) not be required for general office improvements costing less than Four Hundred Thousand Dollars ($400,000) that Landlord does not require to be restored and (ii) be deemed given if said improvement will Sublandlord does not object to any alterations within five (5) business days of Subtenant’s request for Sublandlord’s consent, which consent includes all of the items in the first sentence of Section 6.2 of the Master Lease and (b) Subtenant shall not be required to be removed upon restore any such items if Landlord does not require such restoration and this Sublease terminates concurrently with the expiration of the termMaster Lease. As For the avoidance of doubt, 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it following shall not be subject for any lien for Tenant’s workconsidered general office improvements: EV chargers, in accordance with Colorado’s mechanics’ lien statutesexterior signage or a lab. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant Subtenant shall be made in compliance with permitted to submit its plans and specifications to Sublandlord and Landlord contemporaneously, such that the Americans with Disabilites Act time provided for each of 1990 Sublandlord and its implementing regulations, as amended or supplemented from time Landlord to time, reasonably review and all similar applicable state approve of such plans and local laws, rules and regulationsspecifications may run concurrently.

Appears in 2 contracts

Samples: Sublease (Rubrik, Inc.), Sublease (Rubrik, Inc.)

Alterations. Tenant shall not make any no alterations, additions or improvements (collectively and individually, “Alterations”) to the Premises, or change any plumbing or wiring, Premises (including the roof of the Building) without the prior written 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. In all cases, Tenant shall provide Landlord with insurance certificates evidencing that 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 such request, as long as the request includes reasonably detailed plans and specifications (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 contractors required permits for the Alterations and subcontractors have adequate workmenshall perform the Alterations in compliance with all Applicable Law. Any request for Landlord’s compensation insurance, consent shall be made in writing and builder’s risk insurance shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and All Alterations affixed to the Premises (excluding trade fixtures, ) shall at once become a part the property 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, 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 be removed Premises at the end of the termTerm, there having been no request unless Landlord notifies Tenant that such Alterations must be removed by written notice delivered to Tenant for a notification at the time that Landlord approves of such Alterations or, in the improvement was made; and Tenant shallevent Landlord’s approval of such Alterations is not required hereunder, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty within thirty (2030) days prior to following the commencement date on which Tenant provides Landlord with written notice of any work on the Premises, Tenant shall notify Landlord of the 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 statutessuch Alterations. Landlord shall have oversee all Alterations performed pursuant to this Section 7.3 by either Tenant or the right to keep posted on Services Company, and Tenant shall pay Landlord as compensation for its efforts a non-refundable management fee in the Premises notice to such persons amount of fifteen percent (15%) of the cost and expense incurred by Tenant and/or Services Company in accordance connection with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsAlterations no 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 shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. 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 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 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 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 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 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 Premises, or change Building that are required in order to comply with Legal Requirements as a result of any plumbing or wiring, without the prior written consent of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from the Premisesperformed by Tenant. Landlord shall have the right to approve provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations hereunder (which shall be applied in a non-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. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant’s contractors as well as , 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 general manner Premises or the Buildings or the Site and method in immediately to discharge any such liens which such work is to be performedmay so attach. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurancepay, and builder’s risk insurance satisfactory to Landlord. Any such improvementsas Additional Rent, including wall covering100% of any real estate taxes on the Complex which shall, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part any time after commencement of the realty and belong Term, result from any alteration, addition or improvement 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, that were (i) previously designated for removal by Landlord at alterations and improvements in the time Premises or the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage Building to the Premises caused extent paid for by such removalLandlord. At least twenty 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 given ten (2010) days prior to the commencement of any work on (which notice shall specify the Premises, Tenant shall notify Landlord nature of the names and addresses work in reasonable detail), to make alterations, additions or improvements to the Premises where: (a) the same are within the interior of the persons supplying labor Premises within the Building, and materials so that Landlord may give notice that it 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 not be subject for to the dollar limits set forth in this subsection (iii)), the cost of any lien for Tenant’s workindividual alteration, in accordance with Colorado’s mechanics’ lien statutes. Landlord addition or improvement shall have not exceed $30,000.00 and the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, aggregate cost of said alterations, changes additions or improvements 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 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 plans and specifications describing the same in 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 by Tenant shall be made in compliance with to its condition prior to construction of such improvements (reasonable wear and tear excepted) at the Americans with Disabilites Act expiration or earlier termination of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsthe Lease Term.

Appears in 2 contracts

Samples: Lease Agreement (Care.com Inc), Lease Agreement (Care.com Inc)

Alterations. Tenant shall not make any alterations, additions additions, or improvements to the Premises, or change any plumbing or wiring, Leased Premises without the Landlord’s prior written 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 performedconsent. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmenpromptly remove any alterations, additions, or improvements constructed in violation of this paragraph upon Landlord’s compensation insurancewritten request. All approved alterations, additions, and builder’s risk insurance satisfactory to improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Any Tenant shall apply for and obtain all requisite approvals, consents or permits for 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, upon written demand by Landlord, at Tenant’s sole cost and expense, . Landlord may require Tenant to remove any alterations, additions or improvements (whether or not made by Tenant, that were (iwith Landlord’s consent) previously designated for removal by Landlord at the time termination of this Lease and to restore the improvement was made or (ii) designated Premises to its prior condition, all at Tenant’s expense. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord’s property and shall be surrendered to Landlord upon the termination of this Lease, except that Tenant may remove any of Tenant’s furniture and equipment which can be removed at without material damage to the end of the term, there having been no request by Leased Premises. Tenant for a notification at the time the improvement was made; and Tenant shallshall repair, at its sole cost and Tenant’s expense, repair any damage to the Leased Premises caused by the removal of any such removalfurniture or equipment. At least twenty 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 (205) days of notice thereof. Tenant shall not have the 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 commencement of any work on or alteration or the delivery of any materials, a written and unconditional waiver of contractors’ liens with respect to the 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 Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 2 contracts

Samples: Office Lease Agreement (Sensus Healthcare, Inc.), Office Lease Agreement (Sensus Healthcare, LLC)

Alterations. Excepting Tenant’s Upfit, Tenant shall not make any no alterations, additions additions, or improvements to the Premises, or change any plumbing or wiring, Premises without the prior written 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 any such request by Tenant of Landlord to Landlord. Any make 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made shall in each case be accompanied by Tenantplans and specifications for such alterations, that were (i) previously designated for removal by additions and improvements all in such detail as Landlord at may reasonably required. Any alteration, addition or improvement to the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair Premises which results in any damage to the Premises caused by such removal. At least twenty (20) days prior or the alteration, addition or improvement to the commencement 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 Lease, or if sooner, upon the request by the Landlord. All alterations, additions and improvements (including, without limitation, all 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 a part thereof at the expiration or earlier termination of this Lease. All contractors and subcontractors employed by Tenant for any such work on 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 the Building, Tenant and all contractors and subcontractors employed or engaged by Tenant shall comply with the Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord for the Building, a copy of which will be provided to Tenant upon request All alterations, additions and improvements made by Tenant to the Premises, Tenant shall notify Landlord of including without limitation, the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, initial alterations, changes or additions and improvements made to the Premises, shall remain in the Premises by and shall not be removed therefore at any time. Upon the expiration or any earlier termination of this Lease, Tenant shall be made promptly reimburse Landlord for any expense or cost incurred by Landlord in compliance with restoring the Americans with Disabilites Act of 1990 Premises to the condition in which the Premises were at the time Tenant shall have occupied the same, except for Tenant’s Upfit and its implementing regulationsfor ordinary wear and tear, as amended fire or supplemented from time other casualty and alterations, additions and improvements to time, the Premises consented to in writing by Landlord unless Landlord is entitled to and all similar applicable state and local laws, rules and regulationsnotifies Tenant to remove the same.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)

Alterations. Subsequent to the completion of any Landlord’s Work pursuant to Section 2, Tenant shall not make attach any alterationsfixtures, additions equipment or improvements other items to the Premises, or change paint or make any plumbing other additions, changes, alterations, repairs or wiringimprovements (collectively hereinafter “alterations”) to the Premises, Building or Property without the Landlord’s prior written consent 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 Landlordthis Lease (beyond any applicable cure period). Plans and specifications for such work shall be submitted If Landlord consents to any alteration, Landlord may post notices of nonresponsibility 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 accordance with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory to Landlordlaw. Any such improvements, including wall covering, paneling alterations so made shall remain on 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 Premises upon expiration or earlier termination of this Lease, except that Landlord may, but subject to the request of Tenantnext grammatical sentence, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be required to be removed upon within thirty (30) days before the expiration of the term. As of the commencement date, there are no existing improvements that will be required or earlier termination hereof elect in writing to be removed by the require Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, 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 request Landlord to identify which alterations Landlord will require Tenant to remove any at the termination of or expiration of this Lease, and Landlord shall make such identification simultaneous with its approval (if any) of the alterations. If Landlord elects to require removal of alterations, additions then at its own and sole cost Tenant shall restore the Premises to substantially the same the condition (reasonable wear and tear and damage from fire or improvements made by Tenantother insured casualty excepted) existing prior to the installation of such alteration or improvement, that were before the last day of the term. Notwithstanding anything contained in this Lease to the contrary, Landlord’s consent shall not be required for (i) previously designated any interior decorative changes such as partitioning, carpeting, installation of shelves, painting, wallpapering, or for removal by Landlord at (ii) any non-structural alterations which do not affect the time Building’s structure or the improvement was made Building Systems and Equipment, provided, that any of the foregoing in either (i) or (ii) designated to be removed 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 provide Landlord with at the end least fifteen (15) days advance notice of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage proposed Cosmetic Alterations. Except as expressly set forth to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premisescontrary above, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance otherwise comply with the Americans provisions of this Section 10 with Disabilites Act of 1990 and its implementing regulations, respect to Cosmetic Alterations in the same manner as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsif they were alterations requiring Landlord’s consent hereunder.

Appears in 2 contracts

Samples: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, 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 make 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 Premises, or change any plumbing or wiring, without the prior written consent of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from the Premises. Demised Premises so that Landlord shall have the right to approve Tenant’s contractors as well as record and post notices of nonresponsibility on the general manner and method in which such work is Demised Premises. Within a reasonable time period prior to be performed. commencing the alterations, additions or improvements, Tenant shall provide Landlord with insurance certificates evidencing that copies of all contractors plans and subcontractors have adequate workmen’s compensation insurancespecifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and builder’s risk insurance satisfactory to Landlordchange thereto, if and when applicable. Any such improvementsAll of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall at once become a part remain the property of the realty owner thereof with the right of removal, whether or not affixed and belong 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 with the Premises. Upon the request of Tenant, to 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 hereofof this Lease; provided however, Tenant shallif the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, upon written demand if so requested 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expenseexpense 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 to resulting therefrom and leave the Demised Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsa commercially reasonable condition.

Appears in 2 contracts

Samples: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises, or change demised premises of any plumbing or wiring, nature without Owner's prior written consent. Subject to the prior written consent of LandlordOwner, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved by Owner. Plans Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and specifications 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 Owner and 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 Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for such work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be submitted 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 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 Landlord Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in advance. No fixtures which event the same shall be removed from the Premises. Landlord shall have the right premises by Tenant prior 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 termlease, at Tenant's expense. As 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 such from the commencement datepremises or upon removal of other installations as may be required by Owner, there are no Tenant shall immediately and at its expense, repair and restore the premises to the condition existing improvements that will be 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 removed, by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the termterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, there having been no request by Tenant for a notification at the time election of Owner, either be retained as Owner's property or may be removed from the improvement was made; and Tenant shallpremises by Owner, at its sole cost and Tenant's expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 2 contracts

Samples: Office Lease (American Portfolios Holdings Inc), Office Lease (American Portfolios Holdings Inc)

Alterations. Tenant Other than the construction of the Project, which shall be governed by the provisions of Article III hereof, Borrowers shall obtain Lender’s prior consent to any material alterations to any Improvements, which consent shall not make be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterationsalterations that will not have a material adverse effect on any Borrower’s financial condition, additions the value of the applicable Property or improvements the Net Operating Income, provided that such alterations (a) are made in connection with tenant improvement work performed pursuant to the Premisesterms of any Lease, (b) do not materially adversely affect any structural component of any Improvements, any utility or change HVAC system contained in any plumbing Improvements or wiring, without the prior written consent exterior 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 any building constituting a part of any Improvements and the realty and belong to Landlord and shall be surrendered aggregate cost thereof does not exceed the Alteration Threshold Amount, or (c) are performed in connection with the Premises. Upon Restoration of a Property after the request occurrence 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions a Casualty 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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, Condemnation in accordance with Coloradothe terms and provisions of this Agreement. To the extent Lender’s mechanics’ lien statutes. Landlord 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 right request within such fifteen (15) Business Days, Lender’s approval shall be deemed given. Should Lender fail to keep posted 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 Premises notice 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 persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented security from time to time, and all similar applicable state and local laws, rules and regulationstime at the option of Lender to pay for such alterations.

Appears in 2 contracts

Samples: Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (Morgans Hotel Group Co.)

Alterations. Tenant Borrower shall obtain Lender’s prior written consent, which consent shall not make be unreasonably withheld or delayed, to any alterations, additions or improvements alterations to the PremisesImprovements, the cost of which is reasonably anticipated to exceed $3,500,000 (the “Threshold Amount”) or change 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 plumbing 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 wiring, without HVAC system contained in any Improvements or the prior written consent exterior 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 any building constituting a part of any Improvements (it being understood that 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it foregoing provision shall not be subject for require Lender’s consent to tenants’ exterior signage pursuant to any lien for Tenant’s work, Lease approved by Lender in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on terms and provisions of this Agreement) or (c) alterations performed in connection with the Premises notice to such persons restoration of the Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this 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, such statuteconsent shall be deemed granted, provided that such request shall have been accompanied by all information reasonably 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. All additionsIf Lender refuses to grant such consent, alterationsLender shall specify in writing the reasons for such refusal. Any approval by Lender of the plans, changes specifications or improvements made working drawings for alterations of the Property shall not create responsibility or liability on behalf of 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 payable with respect to alterations to the Premises Improvements (other than such amounts to be paid or reimbursed by Tenant tenants under the Leases or paid from accounts established hereunder or Excluded Costs) shall at any time exceed the Threshold Amount, Borrower shall 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 of the following: (1) cash, (2) U.S. Treasury securities, (3) other securities having a rating acceptable to Lender and with respect to which the applicable Rating Agencies have delivered a Rating Comfort Letter (if required pursuant to a Pooling and Servicing Agreement from and after the occurrence of a Securitization), or (4) a Letter of Credit. Such security shall be made in compliance an amount equal to the excess of the total unpaid amounts with respect to alterations to the Americans with Disabilites Act Improvements (other than such amounts to be paid or reimbursed by tenants under the Leases or from accounts established hereunder or Excluded Costs) over the Threshold Amount. Upon completion of 1990 and the alterations to the satisfaction of Lender in its implementing regulations, as amended or supplemented from time reasonable discretion Lender shall promptly return to time, and all similar applicable state and local laws, rules and regulationsBorrower such additional security.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Alterations. Tenant shall not make any alterations, additions or improvements If Lessee desires to construct and install Alterations (“Alterations”) to the PremisesPremises during the Lease term, 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 terms of this Paragraph 10.A(1) and in accordance with the Approval Standards (defined below). Lessor shall approve or change any plumbing disapprove of the Alterations Space Plan by delivering written notice to Lessee within fifteen (15) business days of its receipt of the Alterations Space Plan, and if Lessor shall fail to approve or wiringdisapprove of the Alterations Space Plan within such fifteen (15) business day period, without the prior written consent of Landlord. Plans and specifications for such work Lessor shall be submitted deemed to Landlord in advancehave approved of the Alterations Space Plan. No fixtures If Lessor approves of the Alterations Space Plan (or is deemed to have approved of the Alterations Space Plan), Lessee shall be removed from prepare final construction drawings (the Premises“Alterations Construction Drawings”) for the Alterations (if deemed necessary by Lessee and Lessor). Landlord Lessor shall have the right to approve Tenant’s contractors as well as object to 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 Alterations Construction Drawings based 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by Tenant, that were following two (2) criteria only: (i) previously designated for removal by Landlord at the time scope of the improvement was made Alterations has materially changed from the scope of the Alterations depicted in the Alterations Space Plan or (ii) designated the Alterations fail to satisfy the Approval Standards. The Alterations Construction Drawings shall be removed at delivered to Lessor for its approval based upon the end of the termabove-mentioned criteria only, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it which shall not be subject for any lien for Tenant’s workunreasonably withheld, conditioned or delayed. Lessor shall deliver its approval or disapproval to Lessee in accordance with Colorado’s mechanics’ lien statutes. Landlord writing within ten (10) business days following its receipt of the Alterations Construction Drawings, and if Lessor shall have fail to approve or disapprove of the right to keep posted on the Premises notice to Alterations Construction Drawings within such persons in accordance with such statute. All additionsten (10) business day period, alterations, changes or improvements made to the Premises by Tenant Lessor shall be made deemed to have approved of the Alterations Construction Drawings. In the event Lessor shall disapprove of the Alterations Construction Drawings, Lessor shall provide Lessee with Lessor's written objections thereto in compliance with reasonable detail and Lessee shall promptly revise the Americans with Disabilites Act Alterations Construction Drawings to address Lessor's objections. The foregoing procedure shall be repeated until Lessor approves of 1990 (or is deemed to have approved of) the Alterations Construction Drawings. Upon completion of the Alterations, Lessee shall deliver to Lessor one set of the as-built drawings for the Alterations in both hard copy and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationselectronic format.

Appears in 2 contracts

Samples: Net Commercial Lease, Net Commercial Lease (Audentes Therapeutics, Inc.)

Alterations. The Tenant shall 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 make any alterationsless 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, additions or improvements in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent and other 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 rent a fair and reasonable proportion of the costs incurred by the Tenant in providing all services to the Premises that would be usual on an underletting of part, 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 whole of the Underlet Premises without the prior written consent86 of the 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 change any plumbing or wiring, 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 consent of Landlord. Plans the Landlord and specifications for such work shall be submitted the Tenant and a covenant by the Undertenant not 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 builtcreate any Sub-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a Underlease of any part of the realty and belong Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or any part of the Underlet Premises without the prior written consent of the Landlord and shall be surrendered 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, the Tenant and the Undertenant and not to assign part of the Sub-Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the Premises. Upon prior consent of the request Landlord, the Tenant and the Undertenant but with the additional provision that no underleases of Tenant, Landlord shall notify Tenant, at the time the improvement is made, if said improvement whole or part will be required to be removed upon created out of that further underlease];] if the expiration Underlease is excluded from the security of tenure provisions of the term. As 1954 Act, containing any other provisions that are reasonable in the context of the commencement dateterms 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, there are no existing improvements that will be required to be removed containing other provisions corresponding with those in this Lease; “Approved Undertenant”88 a person approved by the Tenant upon Landlord and who has entered into a direct deed with the expiration Landlord agreeing: to comply with the terms of the term. Upon the expiration Approved Underlease; and to procure that any proposed assignee of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expense, remove Underlet Premises enters into a direct deed in the same terms as set out in this definition of Approved Undertenant; [“Permitted Part” 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 be removed at the end part of the term, there having been no request by Tenant for Premises that the Landlord approves; any of the following: a notification at whole floor of the time Premises; [or] two or more adjoining whole floors of the improvement was madePremises; and Tenant shall, at its sole cost and expense, repair any damage to [or] [part of a floor of the Premises caused by such removal. At least twenty (20) days prior to [if underlet with an adjoining whole floor]] in each case having independent means of access, for general access and for servicing, from the commencement of any work on the Premises, Tenant shall notify Landlord public highway or from those parts of the names Premises approved by the Landlord as common parts for the use and addresses enjoyment of the persons supplying labor Tenant 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 permitted undertenants of the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act Underlet Premises;] “Sub-Underlease” any sub-underlease created out of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.an Underlease; “Sub-Undertenant” any tenant under a Sub-Underlease;

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Alterations. Tenant shall not make any alterations, additions or improvements to the Premises, or change any plumbing or wiring, Premises without the prior written consent of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from Notwithstanding the Premises. Landlord foregoing, Tenant shall have the right to approve install mechanical systems that are non-structural in nature for Tenant’s contractors operations so long as well as the general manner Tenant obtains Landlord’s prior written approval of same and method in which such work is to be performedTenant complies with all terms and conditions of this Paragraph 6. Additionally, Tenant shall provide remove such mechanical systems at the expiration or earlier termination of the Lease and restore the Premises to their original condition if Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory to Landlordinforms Tenant at any time during the term of the Lease of this requirement. 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made performed by Tenant, that were (i) previously designated for removal 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 at 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 time 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 (including attorneys’ fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shallwork performed in accordance with this Paragraph. Tenant, at its sole own cost and expense, repair any damage to may erect such shelves, bins machinery and trade fixtures as it desires provided that (a) such items do not alter the basic character of the Premises caused by or the building and/or improvements of which the Premises arc a part, (b) such removal. At least twenty items do not overload or damage the same, (20c) days prior such items may be removed without injury to the commencement of any work on the Premises, Tenant shall notify Landlord of and (d) the names construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and addresses of the persons supplying labor with Landlord’s specifications 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 keep posted on the Premises notice to such persons in accordance with such statuterequirements. All alterations, additions, alterations, changes or improvements made to the Premises and partitions erected by Tenant shall be made 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 compliance with a good and workmanlike manner so as not to damage or alter the Americans with Disabilites Act primary structure or structural qualities of 1990 the Building and its implementing regulations, as amended other improvements situated on the Premises or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsof which the Premises are a part.

Appears in 2 contracts

Samples: Lease Agreement, Commercial Lease Agreement (Power Solutions International, Inc.)

Alterations. Tenant shall Except for cosmetic alteration projects that do not make any alterationsexceed $20,000.00 during each calendar year and that do not affect the structural, additions electrical or improvements to 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 (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or change any plumbing or wiring, improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Plans and specifications for such work shall be submitted Landlord may impose, as a condition to its consent, any requirements that 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 performedits discretion may deem reasonable or desirable. Tenant shall provide Landlord use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with insurance certificates evidencing that all applicable laws, regulations and ordinances with contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory reasonably acceptable to Landlord. Any such improvementsExcept for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Txxxxx’s architectural plans, and the reasonable cost of that review shall be reimbursed by Txxxxx. 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 wall covering, paneling and built-without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in cabinet workthe Work Letter), but excepting movable furniture excluding moveable trade fixtures and trade fixturesfurniture, shall at once become a part the property 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, 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 be removed Premises at the end of the termTerm, there having been no request except that Landlord may, by notice to Tenant for a notification given at the time of Landlord’s approval, require Tenant to remove by the improvement was made; and Expiration Date or sooner termination date of this Lease, all or any Alterations (including without limitation any Tenant shallImprovements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, at the “Required Removables”). In connection with its sole cost and expenseremoval of Required Removables, Tenant shall repair any damage to the Premises caused by such removal. At least twenty (20) days prior arising from that removal and shall restore the affected area to the commencement of any work on the Premisesits pre-existing condition, Tenant shall notify Landlord of the names reasonable wear 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationstear excepted.

Appears in 2 contracts

Samples: Lease Agreement (Robot Cache US Inc.), Lease Agreement (Robot Cache US Inc.)

Alterations. Tenant shall not make any alterations, additions permit alterations in or improvements to the Premises, or change any plumbing or wiring, without Leased Premises unless and until the prior written consent of Landlord. Plans plans and specifications for such work shall be submitted to the contractor have been approved by Landlord in advancewriting. No fixtures shall be removed from As a condition of such approval, Landlord may require Tenant to remove the Premises. Landlord shall have alterations and restore the right Leased Premises upon termination of this Lease to approve Tenant’s contractors as well as the general manner and method in which condition existing prior to the installation of such work is to be performed. Tenant shall provide Landlord with insurance certificates evidencing that alterations; otherwise, 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, alterations shall at once Landlord’s option become a part of the realty and belong to Landlord the property of 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 not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, 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 the expiration request therefor). Upon completion of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premiseswork, Tenant shall notify Landlord provide lien waivers from the subcontractors or a final affidavit of lien waiver from the names general contractor, and addresses of the persons supplying labor and materials so that Landlord may give notice that it such lien waiver shall not be subject in 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 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 or bonded from the Project within thirty (30) days after Tenant’s workactual notice of such lien filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in accordance connection with Colorado’s mechanics’ lien statutesany construction or alteration to the Leased Premises by Tenant and any related lien. Landlord Notwithstanding anything to the contrary above, Tenant shall have the right to keep posted make alterations to the Leased Premises without obtaining Landlord’s prior written consent provided that (i) excluding replacing carpeting and 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 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 Premises notice to same. Tenant shall provide Landlord with copies of the as-built plans and specifications, including CAD drawings, if available, reflecting all such persons in accordance with such statute. All additions, alterations, changes improvements or improvements made additions as completed within fifteen (15) days after the completion thereof. Notwithstanding anything to the Premises by Tenant contrary in this Lease, Landlord shall be made not construct any floors above the Building or place any other improvements thereon other than as specifically provided in compliance with the Americans with Disabilites Act of 1990 Plans and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsSpecifications.

Appears in 2 contracts

Samples: Lease Agreement (Container Store Group, Inc.), Lease Agreement (Container Store Group, Inc.)

Alterations. Except as set forth on Exhibit “C” attached hereto, Tenant shall not without first obtaining Landlord’s written approval: (a) make or cause to be made any alterations, additions additions, or improvements to the Leased Premises (collectively, “Alterations”) (b) install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings; or (c) make any other Alterations to the Leased Premises without first obtaining Landlord’s written approval, except for interior non-structural Alterations to the Leased Premises, which shall not require Landlord’s consent, so long as (y) such non-structural Alterations do not directly or change any materially, adversely affect the Building’s mechanical, electrical, plumbing or wiringlife safety systems, without and (z) the prior written costs for such non-structural Alterations do not exceed One Hundred Fifty Thousand Dollars ($150,000.00) in the aggregate in any twelve (12) month period. The foregoing notwithstanding, if the proposed Alterations are, in Landlord’s reasonable judgment, likely to affect the structure of the Building or the electrical, plumbing, life safety or HVAC systems or otherwise adversely impact the value of the Building, such consent may be withheld at the sole and absolute discretion of Landlord; except for the foregoing, Landlord’s approval shall not be unreasonably withheld. Plans Tenant shall present to Landlord plans and specifications for all Alterations at the time approval is sought. In the event Landlord consents to the making of any Alterations to the Leased Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense. All such work shall be submitted done only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. All such work with respect to Landlord in advance. No fixtures any Alterations shall be removed from done lien free and in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the Premisescourse of such work, the Leased Premises shall at all times be a complete operating unit. Landlord In performing such work, Tenant shall at all times comply with all provisions of this Lease, including, without limitation, Section 14.2 of this Lease. Any such Alterations shall be performed and done strictly in accordance with all laws and ordinances relating thereto and in compliance with all matters of record. In performing the work or any such Alterations Tenant shall have the right same performed in such a manner as not to approve Tenant’s contractors as well as obstruct access to any portion of the general manner and method in which such work is Building. Any Alterations to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insuranceor of the Leased Premises, including, but not limited to, wallcovering, paneling, and builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-in built‑in cabinet work, but excepting movable furniture and trade fixturesequipment, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Leased Premises; provided, however, that Tenant shall be obligated in all cases to remove any Alterations which constitute Specialty Alterations (defined below) that Landlord does not otherwise agree in writing may be surrendered with the Leased Premises. Upon the request of Tenant, Landlord shall notify Tenant, at the time the improvement Any Specialty Alterations that Tenant is made, if said improvement will be required to be removed remove upon the expiration or earlier termination of the term. As of the commencement date, there are no existing improvements that will be required to this Lease shall be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and Tenant’s expense, promptly repair any damage to the Leased Premises or the Building caused by such removal. At least twenty As used herein, “Specialty Alterations” shall mean any Alteration that is not a general office improvement, including, but not limited to improvements which (20i) days prior perforate, penetrate or require reinforcement of a floor slab (including, without limitation, interior stairwells or high-density filing or racking systems), (ii) consist of the installation of a raised flooring system, (iii) consist of the installation of a vault or other similar device or system intended to secure the commencement Leased Premises or a portion thereof in a manner that exceeds the level of security necessary for ordinary office space, (iv) involve material plumbing connections (such as, for example but not by way of limitation, kitchens, saunas, showers, and executive bathrooms outside of the Building core and/or special fire safety systems), (v) consist of the dedication of any work on material portion of the Leased Premises to non-office usage (such as a cafeteria, bicycle storage rooms or kitchens), (vi) can be seen from outside the Leased Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so (vi) require changes to a floor or ceiling, including an internal stairway or atrium area; provided that Landlord may give notice that it shall an open ceiling will not be subject for any lien for Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsa Specialty Alteration.

Appears in 1 contract

Samples: Lease Agreement (Pluralsight, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements (collectively, “Alterations”) in or to the Demised Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed. The Work (as defined in the Work Letter attached as Exhibit D) is not considered Alterations and, accordingly is not subject to the terms of this Section 8.2. Tenant shall only utilize contractors approved by Landlord, which approval shall not be unreasonably withheld or delayed. 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 workers’ 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, railing and like Alterations, installed in the Demised Premises, either by Tenant or change any plumbing by Landlord on Tenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises upon the expiration or wiringearlier termination of the Lease, without unless Landlord, by notice to Tenant given no later than 20 days prior to the prior written consent Expiration Date of Landlord. Plans and specifications for such work shall be submitted this Lease (or within 20 days after the earlier termination hereof), elects to Landlord have them removed by Tenant, in advance. No fixtures which event, the same shall be removed from the PremisesDemised Premises by Tenant. Landlord shall have Notwithstanding 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 Tenantforegoing, at the time the improvement is madeTenant requests Landlord’s consent to a contemplated Alteration, if said improvement Tenant may request that Landlord determine whether or not such Alteration will be required to be removed upon the expiration or earlier termination of this Lease. Upon receipt of such request from Tenant, Landlord shall notify Tenant at the termtime Landlord consents to such Alteration whether or not Landlord will require removal upon the expiration or earlier termination of this Lease. As 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 commencement dateDemised Premises or upon removal of other installations as may be required by Landlord, there are no Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing improvements prior to installation (subject to ordinary wear and tear) and repair any damage to the Demised Premises or the Property due to such removal. All property that will be was permitted or required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the termTerm but which remains in the Demised Premises for 10 days after Tenant vacates the Demised Premises shall be deemed abandoned and may, there having been no request by Tenant for a notification at the time election of Landlord, either be retained as Landlord’s property or may be removed from the improvement was made; and Tenant shall, Demised Premises by Landlord at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsexpense.

Appears in 1 contract

Samples: Lease Agreement (KMG America CORP)

Alterations. Tenant (a) All of Lessee's trade fixtures, furniture, furnishings, equipment and other movable personal property not permanently affixed to the Premises shall, subject to the provisions hereof, remain the property of Lessee. (b) Lessee shall not make or offer to be made any alterations, additions or improvements (collectively "alterations") to or of the PremisesPremises or any part thereof, or change attach any plumbing fixtures or wiringequipment thereto, or cause a building permit to be issued for any alterations without Lessor's prior consent, which consent shall not be unreasonably withhold or delayed; provided that, with prior notice to Lessor but without the prior written consent necessity of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from the Premises. Landlord Lessor's consent, Lessee shall have the right to approve Tenant’s contractors as well as make non-structural alterations not affecting Building systems and for which a general construction building permit is not required. Any alterations to the general manner Premises shall be made by Lessee at Lessee's sole cost and method expense. The contractor selected by Lessee to make any alterations to the Premises must be reasonably approved in which writing by Lessor prior to commencement of any work and such work is contractor shall at all times be subject to Lessor's reasonable control while in the Building. Lessee shall be responsible for any additional alterations required by law to be performedmade by Lessor to or in the Building as a result of any alterations to the Premises made by or for Lessee. Tenant shall provide Landlord with insurance certificates evidencing that all contractors All alterations and subcontractors have adequate workmen’s compensation insurancefixtures, including, but not limited to, carpeting, other affixed floor coverings, paneling, and builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and cabling for built-in cabinet work, but excepting movable furniture security systems made in or upon the Premises either by or for Lessee and trade fixtures, shall at once become affixed to or forming a part of the realty Premises, shall immediately upon installation or construction become Lessor's property free and belong clear of all liens and encumbrances. (c) Lessee shall have the right to Landlord place and maintain a neat and appropriate sign of the name of Lessee's business on the Green Street facade of the building, provided Lessor consents in writing to the shape, size, color and location thereof. Lessor shall be surrendered with the Premisesnot unreasonably withhold or delay such consent. Upon the Lessee upon request of TenantLessor shall immediately remove any sign or decoration which Lessee has placed or permitted to be placed upon the exterior of the premises or upon the windows facing any street upon which the premises abut without the consent of Lessor and which, Landlord shall notify Tenantin the opinion of Lessor, at the time the improvement is madeinappropriate or objectionable and, if said improvement will be required Lessee fails so to be removed do, Lessor, in addition to any rights it may have hereunder, may enter upon the expiration premises and remove such sign without liability whatsoever. Lessee agrees that its signage will comply with all applicable governmental requirements. Lessor expressly reserves the exclusive right to the use of the term. As exterior side walls, rear walls, and roof of the commencement date, there are no existing improvements that will demised premises and Lessee shall not be required permitted to be removed by place any sign or advertisement thereon or any other matter or property without the Tenant upon the expiration written consent of the term. Lessor. (d) Upon the expiration or any sooner termination of the term hereofthis Lease, Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expense, Lessee shall 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 cause to be removed at its expense (i) all of Lessee's personal property described in paragraph 8(a) above, (ii) all telephone, data processing, audio and video, security, and electrical (other than Building standard) improvements installed by or for Lessee, and (iii) any alterations, additions, fixtures, or improvements installed in the end Premises by or for Lessee; provided that, in the case of the terman item described in clause (ii) or (iii) above, there having been no request by Tenant for a notification Lessor shall have notified Lessee at the time Lessor consented to its installation that Lessor would require removal of the improvement was made; item. Lessee shall repair at its expense all damage to the Premises and Tenant the Building caused by the removal of any of the items described in this paragraph, reasonable wear and tear and damage by fire or other casualty (other than damage caused by the willful or grossly negligent act of Lessee) excepted. Lessee shall not remove any fixtures from the Premises without Lessor's prior written consent if such removal would impair any structural elements of the Building or would damage any improvements within the Premises. Any personal property described in this paragraph not removed from the Premises by Lessee upon the expiration or sooner termination of this Lease, shall, at its sole Lessor's option, become the property of Lessor, or Lessor may remove or cause to be removed such property for Lessee's account, and Lessee shall reimburse Lessor for the cost and expense, repair of removal (including the reasonable cost of repairing any damage to the Premises or the Building caused by such removal. At least twenty ) and storage and a reasonable charge for Lessor's overhead, within ten (2010) days prior to after receipt of a statement therefor. Lessee's obligations under this paragraph shall survive the commencement termination of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsthis Lease.

Appears in 1 contract

Samples: Office Lease (Medicalogic Inc)

Alterations. (a) Tenant shall not make any alterations, additions permit alterations in or improvements to the Premises, or change any plumbing or wiring, without Leased Premises unless and until the prior written consent of Landlord. Plans plans and specifications for such work shall be submitted to the contractor have been approved by Landlord in advancewriting. No fixtures shall be removed from As a condition of such approval, Landlord may require Tenant to remove the Premises. Landlord shall have alterations and restore the right to approve Tenant’s contractors as well as the general manner and method in which Leased Premises upon termination of this Lease; otherwise, all 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, alterations shall at once Landlord’s option become a part of the realty and belong to Landlord the property of Landlord, and shall not be surrendered removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, 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 Premisesterms and conditions of Landlord’s building standards (which Landlord agrees to furnish to Tenant upon request therefor). Upon completion of the request 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 a form 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 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 shall notify from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration done by or for Tenant and any related lien. (b) Tenant, at its own cost and expense and without Landlord’s prior approval, may erect such shelves, bins, machinery and trade fixtures (collectively “Trade Fixtures”) in the time ordinary course of its business provided that any such alterations or installations to the improvement is madeLeased Premises (i) are non-structural in nature, if said improvement will do not affect the Building systems and do not alter the basic character of the Leased Premises, (ii) do not overload or damage the Leased Premises, (iii) may be required removed without injury to the Leased Premises, and (iv) the construction, erection, and installation thereof complies with all legal requirements and with Landlord’s requirements set forth above. Upon termination of the Lease, Tenant shall remove its Trade Fixtures, shall promptly repair any damage caused by such removal and shall restore the Leased Premises to the condition existing prior to the installation of such items in accordance with the terms of Section 2.03 of this Lease. (c) Landlord expressly consents to Tenant’s installation and use in, on, at or about the Leased Premises of the following personal property items of Tenant (“Personal Property”), subject to the terms and conditions set forth herein, in Section 7.03(a) above, and in Section 2.03 of this Lease: (a) security system hardware (cameras, card readers, metal detectors, etc.), some of which may be installed on the roof and/or exterior walls of the Building; (b) fire suppressant system for computer equipment, including tanks, to be removed upon installed in the expiration interior of the termLeased Premises; (c) roof antennas, subject to Section 16.24 hereof; (d) microwave and/or satellite transmission dishes, subject to Section 16.24 hereof; and (e) large dumpsters for use at or near the outside dock doors, subject to Section 16.23 hereof. As Notwithstanding anything to the contrary contained in this Lease, Landlord acknowledges that such Personal Property shall not become the property of Landlord during the Lease Term or upon Tenant’s surrender of the commencement dateLeased Premises, there are no existing improvements that will be required to be removed by and Tenant may remove the Tenant upon Personal Property from the expiration of Building or the term. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, Leased Premises at any time 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 . Upon the time the improvement was made or (ii) designated to be removed at the end termination of the termLease, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shallshall remove its Personal Property, at its sole cost and expense, shall promptly repair any damage caused by the installation or removal of the Personal Property and shall restore the Leased Premises and the Building to the Premises caused by such removal. At least twenty (20) days condition existing prior to the commencement installation of any work on the Premises, Tenant shall notify Landlord of the 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, such items in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additionsterms of Section 2.03 of this Lease, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 ordinary wear and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationstear excepted.

Appears in 1 contract

Samples: Industrial Lease Agreement (Cellstar Corp)

Alterations. Section 10.01 Tenant shall not make any no alterations, installations, additions or improvements (“Alterations”) in or to the PremisesPremises without Landlord’s prior written consent, and then only by contractors approved by Landlord. Tenant shall ensure that its contractors maintain labor harmony in the Building. All contractors shall be required to comply with Landlord’s construction rules in effect from time to time. Alterations of a purely decorative nature, such as painting or change any plumbing wallpapering, and which do not require a building permit shall not require Landlord’s approval, but shall be required to comply with all other provisions of this Article 10. All Alterations shall be done at Tenant’s sole expense (subject to the Tenant Allowance for the initial Tenant Improvements) and at such times and in such manner as Landlord may from time to time designate (or wiringas specifically provided for in Exhibit D for the initial Tenant Improvements) and in full compliance with all applicable statutes, laws, codes, ordinance, rules and regulations and with all governmental authorities having jurisdiction thereof. All Alterations made or affixed to the Building including the initial Tenant Improvements shall, if Landlord so elects, become the property of Landlord and remain upon, and be surrendered with the Premises at the termination of this Lease. Tenant shall remove Alterations including, without limitation, any initial Tenant Improvements designated by Landlord to be removed at Tenant’s sole expense and shall restore the Premises to the condition prior written consent to the installation of such Alterations; provided, however, Tenant shall not be required to remove any Tenant Improvements unless they constitute Tenant Specialty Items (hereinafter defined in Article 29). Tenant shall correct or replace any installation that causes damage to or failure of any Building facility or service. In the event that Tenant fails to correct such installation, Landlord may make such correction and charge Tenant for the cost thereof. Any sums so expended by Landlord shall be deemed Additional Rent. Section 10.02 Prior to commencing any Alterations, Tenant shall furnish to Landlord all of the following: (a) Unconditional waivers of mechanics’ lien rights signed by all parties to perform any work or furnish materials in connection with any Alterations which waivers shall be filed by Landlord at Tenant’s expense; provided, however, if unconditional waivers of mechanics lien rights in advance are not possible or customary, mechanics lien waivers may be provided as the work progresses in a manner and on a schedule agreed upon by Landlord. ; (b) Copies of all governmental permits and authorizations which may be required in connection with such work; (c) A certificate evidencing that Tenant’s contractors have procured the insurance required by Article 8; (d) If requested by Landlord, builder’s risk coverage in an amount equal to the cost of the Alterations; and (e) Plans and specifications for such Alterations complying with applicable building code. Section 10.03 Notwithstanding the provisions of Section 10.02, if any mechanics’ lien or attachment is filed against the Property for work claimed to have been done for, or materials claimed to have been furnished to Tenant, it 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. discharged by 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, upon written demand by Landlordwithin ninety (90) days thereafter, at Tenant’s sole cost and expensecost. If Tenant fails to discharge such mechanic’s lien or attachment within said ninety (90) day period, remove any alterationsLandlord may, additions but is not obligated to do so, by payment without inquiring into the validity of said lien or improvements made by Tenant, that were (i) previously designated for removal attachment. All costs incurred by Landlord at in discharging any such lien or attachment shall be deemed Additional Rent. Section 10.04 Nothing in this Lease shall be deemed or construed in any way as constituting the time consent or request of Landlord, express or implied by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific Alterations, addition, improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused or any part thereof. Nothing in this Lease or in any other document executed by such removal. At least twenty (20) days prior Landlord shall be construed to the commencement of constitute an acknowledgment that any work on done or material provided by any contractor, subcontractor or materialman of Tenant was done or provided for the Premises, Tenant shall notify Landlord immediate use and benefit of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsLandlord.

Appears in 1 contract

Samples: Lease (Cara Therapeutics, Inc.)

Alterations. 11.01. Except as otherwise specifically provided in this lease, Tenant shall not make any alterationsno improvements, additions changes or improvements alterations in or to the Premises, or change Premises (herein called “Alterations”) of any plumbing or wiring, nature without the Landlord’s prior written consent approval, which approval, when required in accordance with the provisions of Landlordthis lease, shall be granted or withheld in accordance with the provisions hereinafter set forth. Plans If Landlord shall fail to respond to Tenant’s written request for approval of any Alterations, which request shall be accompanied by drawings, plans and specifications in accordance with the provisions of Section 11.02(a) (herein called an “Initial Alterations Request”), within twenty (20) days after such Initial Alterations Request is made by Tenant, with Landlord’s approval or disapproval with detailed comments thereon explaining the reasons for such work shall be submitted to Landlord in advance. No fixtures shall be removed from the Premises. Landlord disapproval, then Tenant shall have the right to approve Tenant’s contractors as well as the general manner and method in which such work is give to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurancea second notice (herein called a “Second Alterations Request”), and builderif Landlord shall fail to respond to such Second Alterations Request within five (5) Business Days after Landlord’s risk insurance satisfactory to receipt thereof with Landlord. Any ’s approval or disapproval with detailed comments thereon explaining the reasons for such improvementsdisapproval, 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 then such Second Alterations Request shall be surrendered deemed approved by Landlord, provided that such Initial Alterations Request and Second Alterations Request shall have specifically referred to this Section 11.01 and specifically stated that Landlord must respond within such twenty (20) day and five (5) Business Day periods or such Second Alterations Request for approval shall be deemed approved. Notwithstanding anything to the contrary contained above: (a) with the Premises. Upon the request respect to any Alteration (or portion thereof) which Landlord elects, in its good faith judgment, to have reviewed by a third-party structural engineer or such other third-party engineer or consultant that a prudent owner of Tenanta Comparable Building would retain to review such Alteration, Landlord shall notify TenantTenant of same and the period for Landlord’s review of an Initial Alterations Request shall be extended by ten (10) days; and (b) as a condition precedent to its effectiveness, at the time the improvement a Second Alterations Request shall state in upper case, bold type that it is made, if said improvement will be required a “DEEMED APPROVAL NOTICE” (a “Warning Note”). With respect 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, upon written demand any Alteration which has been approved (or deemed approved) by Landlord, at Landlord shall sign, to the extent required, all applicable applications for building permits together with its approval (or deemed approval) of the subject Alteration (if such applications were submitted with Tenant’s sole cost and expenseAlteration request) or, remove any alterations, additions or improvements made by Tenant, that if such applications were (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 submitted with Tenant’s workAlteration request, in accordance with Coloradowithin five (5) Business Days following Tenant’s mechanics’ lien statutes. submission of such applications; provided, however, Landlord shall have the right endeavor in good faith to keep posted on the Premises notice to same such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsapplications within two (2) Business Days.

Appears in 1 contract

Samples: Lease (Citigroup Inc)

Alterations. (a) Tenant shall not make any alterations, additions permit alterations in or improvements to the PremisesLeased Premises unless and until Landlord has approved the plans therefor in writing, which approval shall not be unreasonably withheld, conditioned or change any plumbing or wiringdelayed. As a condition of such approval, without Landlord may require Tenant to remove the prior written consent alterations and restore the Leased Premises upon termination of Landlord. Plans and specifications for this Lease; otherwise, all 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, alterations shall at once Landlord's option become a part of the realty and belong to Landlord the property of Landlord, and shall not be surrendered with the Premisesremoved by Tenant. Upon the request of TenantHowever, Landlord Tenant shall notify Tenant, not be required to remove any such alteration unless at the time Tenant requested Landlord's consent to such installation Landlord notified Tenant in writing that 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, 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 alteration must be removed at the end time of surrendering the Leased Premises. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the term, there having been no request by Building. No person shall be entitled to any lien derived through or under Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage labor or material furnished to the Premises caused by such removal. At least twenty (20) days prior Leased Premises, and nothing in this Lease shall be construed to constitute Landlord's consent to the commencement creation of any lien. If any lien is filed against the Leased Premises for work on the Premisesclaimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall notify 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. Tenant agrees that Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord shall be permitted to bid as general contractor for any alterations to the names and addresses Leased Premises. In the event Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord is not the persons supplying labor and materials so that Landlord may give notice that it general contractor for any alterations to the Leased Premises, (i) Tenant's proposed general contractor is subject to Landlord's prior approval which shall not be subject for any lien for Tenant’s workunreasonably withheld, in accordance conditioned or delayed, (ii) the general contractor shall provide evidence of insurance, and copies of plans and specifications relating to the alterations and (iii) Landlord shall receive a construction management fee equal to three and one-half percent (3.5%) of the cost of such alterations (an "Oversight Fee"). Tenant shall cause said general contractor to comply with Colorado’s mechanics’ lien statutes. Landlord Landlord's reasonable building standards, Landlord's reasonable mechanical, electrical and plumbing specifications and Landlord's reasonable rules of conduct. (b) Notwithstanding anything to the contrary above, Tenant shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made make alterations to the Leased Premises by without obtaining Landlord’s prior written consent and without paying an Oversight Fee, provided that (i) such alterations do not exceed One Hundred Thousand and No/100 Dollars ($100,000.00) in cost in any one instance; (ii) such alterations are non-structural in nature and do not affect the Building systems; (iii) no permit is required for such alteration; and (iv) Tenant shall be made provides Landlord with prior written notice of its intention to make such alterations stating in compliance reasonable detail the nature, extent and estimated cost of such alterations together with the Americans with Disabilites Act plans and specifications for the same no less than ten (10) days before the date on which Tenant anticipates commencing construction of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsthe same.

Appears in 1 contract

Samples: Office Lease

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises, or change any plumbing or wiringnot, without the prior written consent of Landlord, make any alterations, improvements or additions to the Premises (“Alterations”). Plans and specifications for such work Notwithstanding the foregoing, Landlord notification, but not approval, shall be submitted to Landlord required for Alterations which cost in advance. No fixtures shall be removed the aggregate $50,000 or less; provided that such alterations: (a) do not require a permit; (b) do not require common area changes; (c) do not affect the structural or watertight integrity of the Building; (d) do not place any unreasonable additional load on the Building system; (e) are not visible from outside the Premises; (f) do not detract from the Premisesexterior appearance of the Building (with the exception of the Telecommunications Equipment); and (g) do not affect the Building’s systems. All Alterations shall become Landlord’s property and remain upon the Premises at the termination or expiration of the Lease (excepting only Tenant’s moveable office furniture, trade fixtures (including, without limitation, any UPS Systems, supplemental generators and supplemental HVAC installed by Tenant) and office and professional equipment); provided, however, that Landlord shall have the right to approve require Tenant to remove such Alterations at Tenant’s contractors as well as cost upon 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 insurancetermination or expiration of this Lease, and builder’s risk insurance satisfactory the repair of any damage caused to Landlord. Any the Premises or the Building as a result of 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 removal shall be surrendered with paid for by Tenant. Notwithstanding the Premises. Upon the request of Tenantforegoing, if Tenant obtains Landlord’s consent for any Alterations, then Landlord shall notify Tenant, at the time the improvement is madeLandlord gives its consent, if said improvement whether Tenant will be required to be removed upon remove such Alterations. If Tenant is not required to obtain Landlord’s consent to any Alteration, then within ten (10) business days after Tenant notifies Landlord that Tenant intends to make such Alterations, Landlord shall notify Tenant whether Tenant must remove such Alterations at the termination or expiration of the termthis Lease. 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any All alterations, improvements and 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance a good and first class workmanlike manner using new materials, which shall be at least equal in quality to the original installations. Tenant shall use contractors designated by Landlord to perform all Alterations the cost of which is anticipated to exceed Two Thousand Dollars ($2,000.00), unless Landlord provides written approval of Tenant’s contractor(s). Such approval by Landlord shall not be unreasonably withheld, conditioned or delayed so long as such contractor satisfies Landlord’s standard requirements for contractors working in the Building. Upon request, Landlord will advise Tenant of its pre-approved contractor(s). Tenant shall provide Landlord with the Americans with Disabilites Act copies of 1990 all plans and its implementing regulations, specifications for all such Alterations and “as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsbuilt” plans if same are customarily available.

Appears in 1 contract

Samples: Office Lease (Maxim Pharmaceuticals Inc)

Alterations. Tenant shall not make any no alterations, installations, changes or additions in or improvements to the Premises or the Project (collectively, “Alterations”) without Landlord’s prior written consent. Without limitation as to other grounds for Landlord withholding its consent to any proposed Alteration, Landlord may withhold its consent to a proposed Alteration if Landlord determines that such Alteration is not compatible with any existing or planned future certification of the Project under the LEED rating system (or other applicable certification standard). Notwithstanding the foregoing, Tenant may make minor interior changes to the finish work in the Premises, not including any changes affecting the Premises or change any plumbing Project structure, appearance, systems or wiringequipment, without Landlord’s consent, provided that the prior written consent aggregate cost of Landlordany such changes does not exceed One Hundred Thousand Dollars ($100,000.00) in any twelve (12) month period, and such changes do not require any substantial modifications to the Premises (such permitted changes are sometimes referred to in this Lease as “Cosmetic Alterations”). Plans and specifications for Prior to commencing 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. permitted Cosmetic Alterations, Tenant shall provide Landlord with insurance certificates evidencing evidence that all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory to Landlordthe same meet the criteria set forth in this Article 9. Any such improvements, including wall covering, paneling and built-Alterations approved by Landlord must be performed 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 accordance with the Premises. Upon terms hereof, using only contractors or mechanics approved by Landlord in writing and, except with respect to permitted Cosmetic Alterations, upon the request approval by Landlord in writing of Tenantfully detailed and dimensioned plans and specifications pertaining to the Alterations in question, 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, upon written demand by Landlord, at Tenant’s sole cost prepared 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 be removed at the end of the term, there having been no request submitted by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names at its sole cost and addresses of the persons supplying labor expense obtain all necessary approvals and materials so that Landlord may give notice that it permits pertaining to any Alterations approved by Landlord. Tenant shall not cause all Alterations to be subject for any lien for Tenant’s workperformed in a good and workmanlike manner, in accordance conformance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additionsall applicable federal, alterationsstate, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 county and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord’s construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations.

Appears in 1 contract

Samples: Standard Office Lease (loanDepot, Inc.)

Alterations. Notwithstanding any provision in this Lease to the contrary, except for Permitted Alterations, Tenant shall not make or cause to be made any alterations, additions or improvements to the Premises, or change any plumbing or wiring, Alterations without the prior written consent and approval of Landlord. Plans , which consent and specifications approval may be withheld, conditioned or delayed in Landlord’s sole and absolute discretion; provided, however, that: 9.3.2.1 Landlord’s consent shall not be required for any Permitted Alterations (such work shall that, by way of example only, Landlord’s consent would be submitted required for the installation of overhead ladder racks that are attached to Landlord in advance. No fixtures shall the ceiling, but Landlord’s consent would not be removed from required for the Premises. Landlord installation of equipment which does not involve drilling into the floor or ceiling); 9.3.2.2 Tenant 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shallright, at its sole cost and expenseexpense and subject to Landlord’s approval of the plans and specifications therefor and the contractors who shall perform such work, repair any damage to: (a) install its own security system (“Tenant’s Security System”) within the Datacenter Space and (b) to integrate Tenant’s Security System and management systems into Landlord’s Building security system and Building management systems; provided, further that: (i) Tenant shall furnish Landlord with a copy of all key codes, access cards and other entry means and ensure that Landlord shall have access to the Premises caused Datacenter Space at all times, (ii) Tenant shall ensure that Tenant’s Security System shall comply with all applicable Laws, and (iii) in no event shall Landlord be liable for the malfunctioning of Tenant’s Security System, except in the event of gross negligence or willful misconduct on the part of Landlord or the Landlord Parties, and Tenant shall indemnify, defend and hold the Landlord Parties harmless from and against all Claims arising or relating thereto; and 9.3.2.3 Tenant shall give Landlord not less than seven (7) business days’ prior written notice before commencing any Alterations (including, but not limited to, any Permitted Alterations) so as to permit Landlord to post appropriate notices of non-responsibility. If reasonably required by such removal. At least twenty Landlord within three (203) business days written notice prior to the commencement of commencing any work on the PremisesAlterations, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for also secure, prior to commencing any lien for Alterations, at Tenant’s sole expense, a completion and lien indemnity bond satisfactory to Landlord for such work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 1 contract

Samples: Wholesale Datacenter Lease (Box Inc)

Alterations. (a) Tenant shall not make may, without Landlord's consent, make, in any fiscal year, alterations, additions or improvements to the Premisesany Site (including rental units, or change any plumbing or wiring, without the prior written 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 coveringalterations and additions in the ordinary course of business) costing less than $1,000,000.00 (provided, paneling and built-in cabinet workhowever, but excepting movable furniture and trade fixtures, shall at once become a part of alterations performed to repair the realty and belong to Landlord and shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenant, existing damage at the time the improvement is madeOakzanita Site, are not subject to paragraph 23(a), (b) or (c)) only 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any (i) such alterations, additions or improvements made by Tenantwill be in compliance with all applicable laws, that were (i) previously designated for removal by Landlord at the time the improvement was made or codes, rules, regulations and ordinances, (ii) designated to such alterations, additions or improvements will not reduce the fair market value or utility of such Site in its Permitted Use, considered as unencumbered by this Lease, and (iii) such alterations, additions or improvements will not materially and adversely affect in any way the structural, exterior or roof elements of such Site or mechanical, electrical, plumbing, waste water systems and facilities, water plants and facilities and septic facilities, utility or life safety systems of such Site. In all other cases, Landlord's prior written consent shall be required, which consent shall not be unreasonably withheld, conditioned or delayed. At Landlord's option, any improvement requiring Landlord's consent but made without Landlord's consent shall be removed and the area repaired at Tenant's expense at the end termination of the term, there having been Term. (b) In no request by event shall Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage be permitted to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work install underground storage tanks or fuel systems on the Premises, or any portion thereof, except that Tenant shall notify Landlord of the 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 replace existing underground storage tanks with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance above-ground storage tanks which comply with such statute. all applicable Legal Requirements. (c) All additions, alterations, changes additions or improvements made to the Premises by Tenant requiring Landlord's consent shall be made at Tenant's sole cost and expense as follows: (i) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by or for Tenant. Such plans and specifications shall be prepared by a licensed architect(s) and engineer(s) approved in compliance writing by Landlord, shall comply with the Americans with Disabilites Act of 1990 and its implementing regulationsall applicable codes, as amended or supplemented from time to time, and all similar applicable state and local lawsordinances, rules and regulations, shall not adversely affect the structural elements of any Site, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over such Site, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. (ii) Landlord shall notify Tenant in writing within thirty (30) calendar days whether Landlord approves, approves on the condition that Tenant reverse the alteration at Tenant's expense at the termination or expiration of this Lease, or disapproves such plans and

Appears in 1 contract

Samples: Lease Agreement (Manufactured Home Communities Inc)

Alterations. Tenant shall not make any alterations, additions permit alterations in or improvements to the PremisesLeased Premises unless and until Landlord has approved the plans therefore in writing, or change any plumbing or wiringwhich shall not be unreasonably witheld; provided, without the prior written 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 however, that Tenant shall have the right to approve Tenantmake alterations to the Leased Premises without obtaining Landlord’s contractors as well as prior written consent provided that (a) such alterations do not exceed Two Thousand and No/100 Dollars ($2,000.00) in cost in any one instance during the general manner Lease Term; (b) such alterations are non-structural and method non-mechanical, non-electrical in which nature; (c) such work is to be performed. alterations do not require a permit; and (d) Tenant shall provide provides Landlord with insurance certificates evidencing that prior written notice of 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. 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 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, alterations shall at once Landlord's option become a part of the realty and belong to Landlord the property of Landlord, and shall not be surrendered removed by Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation hereunder to remove any alterations or improvements which have been made by Tenant with the Premises. Upon the request express written consent of TenantLandlord, Landlord shall notify Tenantunless, at the time of granting such consent, Landlord has expressly required the improvement is made, if said improvement will be required to be removed upon the expiration removal 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions such proposed alterations or improvements made by Tenant, that were (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated as a condition to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by granting such removalconsent. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so ensure 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant all alterations shall be made in compliance accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the Americans with Disabilites Act original construction of 1990 and its implementing regulations, as amended the Building. No person shall be entitled to any lien derived through or supplemented from time under Tenant for any labor or material furnished to timethe Leased Premises, and nothing in this Lease shall be construed to constitute Landlord's consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all similar applicable state costs, losses, expenses and local lawsattorneys' fees in connection with any construction or alteration and any related lien. Tenant agrees that at Landlord's option, rules Landlord or affiliate of Landlord, who shall receive a fee as Landlord's construction manager not to exceed five percent (5%), shall provide over site, coordination and regulationsapproval of Tenant’s alterations to the Leased Premises.

Appears in 1 contract

Samples: Office Lease Agreement (ForgeHouse, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements to the PremisesPremises (collectively, or change any plumbing or wiring, the “Alterations”) without the prior written consent of Landlord. Plans and specifications , except for such work shall the installation of unattached, movable trade fixtures which may be submitted to Landlord in advance. No fixtures shall be removed from installed without drilling, cutting or otherwise defacing the Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s consent to any Alterations if the desired Alterations: (i) may affect the Building’s Systems or Building’s Structure; (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; (iii) will cost in excess of Ten Thousand Dollars ($10,000.00); or (iv) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall have deliver to Landlord any building permit required by applicable Law and a copy of the right to approve Tenant’s contractors as well as the general manner and method in which such work is to be performedexecuted construction contract(s). Tenant shall provide reimburse Landlord within ten (10) days after the rendition of a xxxx for all of Landlord’s actual out-of-pocket costs incurred in connection with insurance certificates evidencing that any Alterations, including all contractors and subcontractors have adequate workmen’s compensation insurancemanagement, engineering, outside consulting, and builderconstruction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling plans and built-in cabinet work, but excepting movable furniture specifications and trade fixtures, shall at once become a part for the monitoring of construction of the realty and belong Alterations. If Landlord consents to Landlord and the making of any Alteration, such Alteration 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 made by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expenseexpense (subject to reimbursement from the Allowance pursuant to the terms of Section 3(c) above) by a contractor approved in writing by Landlord, remove such approval not to be unreasonably withheld. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, Tenant shall not use any alterationsportion of the Common Areas either within or without the Project, additions or in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project, in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by TenantTenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, that were (i) previously designated for unless Landlord requires the removal by of such Alterations. If Landlord at requires the time the improvement was made or (ii) designated to be removed at the end removal of the termsuch Alterations, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than the expiration date or earlier termination of the Lease), remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults and cabling, if applicable) and repair any damage to and restore the Premises caused in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such removalmanner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project. At least twenty (20) days prior Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such 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 commencement expiration or earlier termination of this Lease. Landlord’s consent to or approval of any work on Alterations (or the Premisesplans 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 notify Landlord of 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 names and addresses of the persons supplying labor and materials so that Landlord may give notice that it Building by Tenant or its contractor shall not be subject (A) plenum rated and/or have a composition make-up suited for any lien for Tenant’s work, its environmental use in accordance with ColoradoNFPA 70/National Electrical Code; (B) labeled every 3 meters with Tenant’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons name and origination and destination points; (C) installed in accordance with all EIA/TIA standards and the National Electric Code; and (D) 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 statuteother information as Landlord may request. All additions, alterations, changes or improvements made to the Premises by Tenant The routing plan shall be made in compliance with the Americans with Disabilites Act of 1990 available to Landlord and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsagents at the Building upon request.

Appears in 1 contract

Samples: Industrial Lease Agreement (Parametric Sound Corp)

Alterations. (a) Tenant shall not make or allow any alterations, additions additions, or improvements to the PremisesPremises or any part of the Premises (collectively, or change any plumbing or wiringAlterations), without Landlord's prior consent, which shall not be unreasonably withheld. Consent, however, may be conditioned on the prior written consent receipt by, and approval of, Landlord of Landlord. Plans a set of plans and specifications for the alterations no later than thirty (30) days prior to the scheduled construction of the alterations as well as the use by Tenant of a contractor or contractors approved by Landlord. Landlord may withhold approval of any contractor which does not meet the qualifications requirements of any Landlord lender; including the requirement that such work contractor employ union labor in accordance with the Labor Covenant (contained in Exhibit S). The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute Alterations. All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. Provided Landlord identifies such Alterations for possible removal at the time of Landlord's initial approval for installation, and further provided Landlord subsequently elects by notice to Tenant to have Tenant remove same at the end of the Term, then Tenant shall cause such removal and/or restoration to be done at Tenant's sole cost and expense and Tenant shall restore the portions of the Premises subject to such removal to the condition of as of the Commencement Date of this Lease. If Landlord requires Tenant to remove any Alterations and any furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal and/or restoration on or prior to the termination or other earlier expiration of this Lease, such failure shall be submitted deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. The foregoing notwithstanding, nothing in this Section 11 shall require Tenant to remove the initial Tenant Improvements installed by Tenant in accordance with the Approved Tenant Improvement Drawings as set forth in Exhibit C. (b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, and before any work of any kind or nature is commenced on the construction of Alterations, Tenant shall procure and deliver to Landlord a completion bond and a payment bond, both in advanceform and substance satisfactory to Landlord, issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and that the Premises will remain free of all mechanics', laborers' or materialmen's liens or claimed liens on account of any services or materials furnished or labor or work performed in connection with the construction of the Alterations. (c) At least ten (10) days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, whether or not Landlord's consent is required, Tenant shall give written notice to Landlord as to when the construction is to commence or the materials are to be delivered. No fixtures Landlord shall then have the right to post and maintain on the Premises any notices that are required to protect Landlord and Landlord's interest in the Premises from any liens for work and labor performed or materials furnished in making the alterations. It shall be removed from Tenant's duty to keep the PremisesPremises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11(c), Landlord shall have the right to approve Tenant’s contractors cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so as well as to allow the general manner and method in which such work is Premises to be performedprotected from mechanics' liens. (d) Tenant will not at any time permit any mechanics', laborers', or materialmen's liens to stand against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents, contractors, or subtenant's, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant. 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on contest the validity or amount of any lien or claimed lien, upon giving to Landlord a bond assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. On final determination of the lien or claim of lien, Tenant will immediately pay any final judgment rendered, with all property costs and charges and shall have the lien released or judgment satisfied at Tenant's sole expense. If, within ten (10) days of the filing of any such lien, Tenant fails to pay or provide to Landlord a bond assuring that the lien or claimed lien will be paid, Landlord shall have the right, upon five (5) days' written notice to Tenant, to pay or bond over such lien, and take such actions as are necessary to have the lien released and prevent a judgment against the Premises notice to such persons in accordance with such statute. All additionsor Property, alterations, changes or improvements made to and the Premises amount paid by Tenant Landlord shall be made in compliance with the Americans with Disabilites Act of 1990 immediately due and its implementing regulations, as amended or supplemented from time payable to timeLandlord, and all similar applicable state and local laws, rules and regulationsshall bear interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law from the date of payment by Landlord until repayment by Tenant.

Appears in 1 contract

Samples: Office / R&d Lease (Improvenet Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises, or change demised premises of any plumbing or wiring, nature without Landlord's prior written consent. Subject to the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord, which approval as to contractors and mechanics shall not be unreasonably withheld or delayed; provided, with regard to Landlord's obligation to not unreasonably withhold or delay such approval as to any contractors or subcontractors proposed by Tenant, such contractors and mechanics (including, but not limited to all of their employees) must be in all instances compatible with labor employed in, at and by the Building. Plans Anything to the contrary contained herein notwithstanding, Tenant shall not be required to obtain Landlord's consent to make cosmetic changes and/or non-structural interior alterations in or to the demised premises which do not affect any Building systems and specifications for cost in the aggregate less than seventy-five thousand dollars ($75,000.00) with respect to any single project to be performed over a period of less than four (4) months, provided Tenant (a) provides Landlord with a plan or sketch detailing the work to be done in the demised premises, prior to the commencement of such work, (b) Tenant performs such work shall be submitted subject to and in accordance with all of the applicable provisions of this Article 3 and of Article 50 hereof dealing with the performance of Tenant's Work (except for the obtaining of Landlord's consent thereto) and (c) Tenant supplies Landlord with an estimate establishing that such work will not exceed the $75,000 limit described herein.. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in advance. No fixtures Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised 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 Premisespremises by Tenant prior to the expiration of the lease, at Tenant's expense. Anything to the contrary contained in the immediately preceding sentence notwithstanding, Landlord's right to elect to have fixtures, etc. removed from the demised premises by Tenant at Tenant's expense shall not apply to such items which are of a nature which is reasonably deemed to be a normal standard tenant installation but rather such right on the part of Landlord shall be limited to those items which are not normal standard tenant installations. For purposes of this Article 3 normal standard tenant installations shall be deemed to mean any system for the distribution of heating, ventilation and air-conditioning, dry wall partitioning, lighting, flooring, ceiling, carpeting, electrical outlets and equipment, painting, plumbing, doorways and work of a similar nature, but specifically excluding without limitation Tenant's equipment, decorations, louvers, furniture, safes, platforms, vaults, computer floors and furnishings of a similar nature the cost of removal of which would exceed the cost to remove a normal standard Tenant installation. If at any time Tenant shall submit its plans and specifications for Tenant's Work to Landlord for Landlord's consent Tenant shall request in writing pursuant to this Footnote 3C (hereinafter called a "Footnote 3C Request") that Landlord identify from such plans and specifications those items considered by Landlord as not normal standard tenant installations, then Landlord shall serve notice upon Tenant setting forth those items shown on such plans and specifications which are considered by Landlord to be not normal standard tenant installations, such notice to be given in connection with the giving of Landlord's consent to the performance of the work shown on such plans and specifications (but the provisions of this sentence shall not apply with respect to any item or items which is not the subject of a Footnote 3C Request which is made in conjunction with the submission of Tenant's plans and specifications for Landlord's consent as provided herein). 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 equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord as provided in this Article 3, Tenant shall immediately and at its expense, repair and restore the the affected portion(s) of 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 which Tenant shall have the right to approve Tenant’s contractors remove or be requested by Landlord to remove as well as provided in this Article 3 remaining in 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 premises after* shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenantdeemed abandoned and may, at the time the improvement is madeelection of Landlord, if said improvement will either be required to retained as Landlord's property or may be removed upon from the expiration of the termpremises by Landlord at Tenant's expense. 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, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon written demand completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord Landlord, upon request by Tenant, shall cooperate, at no cost and expense to Landlord, with Tenant's efforts to obtain any of the aforesaid permits, approvals and certificates and Landlord shall promptly execute and deliver to Tenant any consents, certificates or documents required in connection therewith, provided (i) Landlord has no reasonable objection to the item (the "Item") requested of Landlord or the information to be contained in the Item, (ii) the Item is complete and accurate, and (iii) Tenant has the right under this Lease to proceed with the action relating to the Item. 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 reasonably require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty (30) days after Tenant is notified thereof, at Tenant’s sole cost and 's expense, remove any alterations, additions by filing the bond required by law 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsotherwise.

Appears in 1 contract

Samples: Lease Agreement (Barnesandnoble Com Inc)

Alterations. Tenant A. Lessee shall not install any signs, fixtures, improvements, nor make or permit any alterationsother alterations or additions (individually, additions or improvements an “Alteration”, and collectively, the “Alterations”) to the Premises, or change any plumbing or wiring, Real Property without the prior written consent of LandlordLessor, which consent Lessor may withhold in the exercise of Lessor’s sole and absolute discretion. Plans If any such Alteration is expressly permitted by Lessor, Lessee shall deliver at least fifteen (15) days prior notice to Lessor, from the date Lessee intends to commence construction, sufficient to enable Lessor to post a Notice of Non-Responsibility. In all events, Lessee shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Lessor. All Alterations shall be at Lessee’s sole cost and expense in accordance with plans and specifications for such work which have been previously submitted to and approved in writing by Lessor, and shall be submitted installed by a licensed, insured (and bonded, at Lessor’s option) contractor (reasonably approved by Lessor) in compliance with all applicable laws. In addition, all work with respect to Landlord any Alterations must be done in advancea good and workmanlike manner. No fixtures Lessor’s approval of any plans, specifications or working drawings for Lessee’s Alterations shall be removed from not create nor impose any responsibility or liability on the Premisespart of Lessor for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and regulations of governmental agencies or authorities. Landlord In performing the work of any such Alterations, Lessee shall have the right work performed in such a manner as not to approve Tenantobstruct access to the Laboratory. As Additional Rent hereunder, Lessee shall reimburse Lessor, within ten (10) days after demand, for actual legal, engineering, architectural, planning and other expenses incurred by Lessor in connection with Lessee’s contractors Alterations. If Lessee makes any Alterations, Lessee agrees to carry “Builder’s All Risk” insurance, in an amount approved by Lessor and such other insurance as well Lessor may require, it being understood and agreed that all of such Alterations shall be insured by Lessee in accordance with Section 7 A. immediately upon completion thereof. Lessee shall keep the Real Property free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Lessee. Lessee shall, prior to construction of any and all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as the general manner reasonably required by Lessor, and method in which such work is to be performed. Tenant Lessee shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory such assurances to Landlord. Any such improvementsLessor, including wall coveringwithout limitation, paneling and built-in cabinet workwaivers of lien, but excepting movable furniture and trade fixtures, surety company performance bonds as Lessor shall at once become a part require to assure payment of the realty costs thereof to protect Lessor and belong to Landlord the Real Property from and shall be surrendered with the Premises. Upon the request of Tenantagainst any loss from any mechanic’s, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be required to be removed upon material men’s or other liens. B. At the expiration of the termTerm or earlier termination of this Lease, Lessee shall surrender the Real Property to Lessor (a) in good condition and repair (damage by acts of God, casualty, and normal wear and tear excepted), but with all interior walls cleaned, any carpets cleaned, all floors cleaned and waxed, all non-working light bulbs and ballasts replaced and all roll-up doors and plumbing fixtures in good condition and working order, and (b) in accordance with the provisions of this Section 11. As Normal wear and tear shall not include any damage or deterioration that would have been prevented by proper maintenance by Lessee, or Lessee otherwise performing all of the commencement date, there are no existing improvements that will be required to be removed by the Tenant upon its obligations under this Lease. On or before the expiration or earlier termination of the term. Upon the expiration of the term hereofthis Lease, Tenant 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 Lessee shall remove all of Lessee’s Property and Lessee’s signage from the time the improvement was made or Real Property, (ii) designated Lessor may, by notice to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty Lessee given not later than ninety (2090) days prior to the commencement Expiration Date (except in the event of a termination of this Lease prior to the scheduled Expiration Date, in which event no advance notice shall be required), require Lessee, at Lessee’s expense, to remove any work or all Alterations and Lessee shall remove such requested Alterations from the Real Property, and (iii) to the extent Lessor has advised Lessee on or about the Premises, Tenant shall notify Landlord time that the Lessee Improvements were constructed and installed in the Real Property that Lessee is to remove all or portions of the names and addresses items comprising the Lessee Improvements (the “Removable TIs”), Lessee shall remove the Removable TIs. Lessee shall repair any damage caused by such removal of the persons supplying labor Lessee’s Property, the requested Alterations and materials the Removable TIs. For purposes hereof, the term “Lessee’s Property” shall mean and refer to all equipment, trade fixtures, computer wiring and cabling, furnishings, inventories, goods and personal property of Lessee. Any of Lessee’s Property not so that Landlord removed by Lessee as required herein shall be deemed abandoned and may give notice that it shall not be subject stored, removed, and disposed of by Lessor at Lessee’s expense, and Lessee waives all claims against Lessor for any lien damages resulting from Lessor’s retention and disposition of such property; provided, however, Lessee shall remain liable to Lessor for Tenant’s workall costs incurred in storing and disposing of such abandoned property of Lessee. All Lessee Improvements and Alterations except those which Lessor requires Lessee to remove shall remain in the Real Property as the property of Lessor. If the Real Property are not surrendered at the expiration of the Term or earlier termination of this Lease, and in accordance with Colorado’s mechanics’ lien statutes. Landlord the provisions of this Section 11, Lessee shall have continue to be responsible for the right to keep posted on payment of Rent until the Premises notice to such persons Real Property are so surrendered in accordance with such statutesaid provisions. All additionsLessee shall indemnify, alterations, changes or improvements made to defend and hold the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 Indemnitees (hereafter defined) harmless from and its implementing regulations, as amended or supplemented from time to time, against any and all similar applicable state damages, expenses, costs, losses or liabilities arising from any delay by Lessee in so surrendering the Property including, without limitation, any damages, expenses, costs, losses or liabilities arising from any claim against Lessor made by any succeeding Lessee or prospective Lessee founded on or resulting from such delay and local lawslosses and damages suffered by Lessor due to lost opportunities to lease any portion of the Real Property to any such succeeding Lessee or prospective Lessee, rules together with, in each case, actual attorneys’ fees and regulationscosts. The terms of this Section 11 shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Standard Gold)

Alterations. Tenant shall not make any no material, permanent changes in or to the Demised Space without obtaining Landlord’s prior written consent. Notwithstanding the foregoing, the Tenant, without Landlord’s prior consent, shall have the right to make non-structural alterations, installations, additions or improvements in or to the PremisesDemised Space that do not affect any existing building systems outside the Demised Space and do not impair or affect any existing building systems within the Demised Space (collectively, “Cosmetic Alterations”), using reputable and, where applicable, licensed contractors or change mechanics. All fixtures, all electrical items and all paneling, partitions, railings and like installations ​ installed in the Demised Space at any plumbing time, either by Tenant or wiringby Landlord on Tenant’s behalf, without shall become the property of Landlord and shall remain upon and be surrendered with the Demised Space unless Landlord, by notice to Tenant no later than thirty (30) days prior written consent of Landlord. Plans and specifications for such work shall be submitted to Landlord the Lease Termination Date, requires their removal, in advance. No fixtures which event the same shall be removed from the PremisesDemised Space by Tenant forthwith. If the Landlord has given its written approval for any alteration without requiring its removal at lease termination, then Tenant shall have the right be under no obligation to approve remove that alteration. Nothing in this Article 9 or any other provision of this Lease shall be construed to prevent 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 removal of trade fixtures, but upon removal of any such trade fixtures from the Demised Space or upon removal of other installations (made by Tenant) as may be required by Landlord, Tenant shall immediately and at once become a part of its expense repair the realty and belong Demised Space, restoring it to Landlord the condition existing prior to installation, and shall be surrendered with repair any damage to the PremisesDemised Space due to such removal. 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 All property permitted or required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the termTerm remaining in the Demised Space after Tenant’s removal shall be deemed abandoned and may be removed from the Demised Space by Landlord at Tenant’s expense, there having been no request by Tenant for a notification at which right of Landlord shall survive the time the improvement was made; and expiration of this Lease. Tenant shall, at its sole cost before making any alterations, additions, installations or improvements, obtain all permits, approvals and expensecertificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall promptly deliver duplicates of all such permits, repair any approvals and certificates to Landlord: and Tenant agrees to carry such workers’ compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of lien upon the Premises caused by such removal. At least twenty (20) days prior to real property of which the commencement of any work on the PremisesDemised Space forms a part, Tenant shall notify Landlord of the names and addresses of the persons supplying for all work, labor and services to be performed and materials so that Landlord may give notice that it shall not to be subject for any lien for Tenant’s furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who become involved in such work. The work shall be done in a good and workmanlike manner and in compliance with all applicable law, ordinances, codes, governmental rules, regulations and requirements, and in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on standards, if any, of the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to Board of Fire Underwriters the Premises by Tenant shall be made in compliance with jurisdiction which includes the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsPremises.

Appears in 1 contract

Samples: Lease (Highland Transcend Partners I Corp.)

Alterations. Tenant shall not make any alterationspaint, additions decorate, install canopies or improvements to the Premisesawnings, or in any way change any plumbing the Building exterior (or wiringthe appearance thereof). No Alterations, as defined below, shall be made in the Building by Tenant without the prior written consent of Landlord. Plans , which shall not be unreasonably withheld unless the same affect the structure of the Building or would increase Landlord's obligations under this Lease, in which case the consent may be withheld at Landlord's sole discretion; provided, however, Landlord's consent is not required if such Alterations are (i) decorative; (ii) non-structural; (iii) do not affect any repair or maintenance obligations of Landlord; (iv) do not increase any utility usage; and specifications for (v) have a total cost, on a per project basis, not exceeding Thirty Thousand Dollars ($30,000.00); provided that such work shall Alterations must be submitted to otherwise in compliance with this Section and Landlord must be provided notice of the same not less than thirty (30) days in advance. No fixtures shall be removed from the Premises. Landlord Tenant shall have the right to approve Tenant’s contractors as well as install all furniture, furnishings and equipment necessary or desirable for the general manner and method in which such work is to be performed. Tenant shall provide Landlord with insurance certificates evidencing that conduct of Xxxxxx's operations, all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory at no cost to Landlord. No additions to the existing Building or the construction of new buildings by Tenant shall be permitted. Any such leasehold improvements, including wall covering, paneling furnishings and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of equipment installed on the realty and belong to Landlord and Demised Premises shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify maintained by Tenant, at Tenant's expense, in good condition and repair. All remodeling, additions, alterations, changes, partitions, and installations of leasehold improvements (the time "Alterations") shall be performed by a contractor duly licensed by the improvement state or local authority responsible for licensing building contractors and approved by Landlord, such approval not to be unreasonably withheld. Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished or violation of any federal, state or local statute, regulation, code, ordinance or other law that may arise by reason of the installation of any fixtures, equipment or partitions by Tenant as herein provided or alterations or remodeling or any work of any kind which is madedone or contracted for by Tenant. Approval of the any such Alternation shall be given to Tenant by Landlord, or withheld, in writing no later than thirty (30) days upon receipt of the request, so long as accompanied by all background information which Landlord shall reasonably request, unless emergency work is needed to preserve the integrity of the Building; provided, however, that such 30-day limit shall not apply to any consent which Landlord determines should be determined by or brought to the attention of its Board. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Building shall: (i) adversely affect the structural integrity of the Building; (ii) impair or affect the weather-tight condition of the roof or decrease the roof's useful life; (iii) overload electrical circuits or equipment; (iv) overload or unreasonably burden plumbing, water or sanitary sewage disposal facilities; (v) overload, unreasonably burden or otherwise adversely affect heating, air conditioning and other mechanical facilities or equipment; or (vi) otherwise affect the Building in any materially adverse way. Any and all personal property and unattached equipment installed by Tenant may be removed at the termination of this Lease, provided that Tenant shall repair any and all damage caused to the Demised Premises by the removal of any such personal property or unattached equipment. Any personal property and unattached equipment remaining in the Building or on the Demised Premises upon termination of this Lease shall, if said improvement will be required not removed within ten (10) days after written demand from Landlord to be removed upon Tenant to remove the expiration same, at Xxxxxxxx's option in its sole discretion, become the property of the term. As Landlord, and Landlord may retain or dispose of the commencement date, there are no existing improvements that will be required such personal property and unattached equipment in its sole discretion and without liability to be removed by the Tenant upon the expiration of the termaccount to Tenant. Upon request by Landlord, Tenant shall submit to Landlord detailed plans and specifications in connection with any Alterations and evidence that said plans and specifications are in compliance with any and all federal, state and local statutes, regulations, ordinances or other law. Landlord reserves the expiration of the term hereofright, along with any architects or other consultants retained by Landlord to inspect any completed Alterations, and, if Alterations are not in compliance with any laws and regulations, Tenant shall, upon written demand by Landlord, at Tenant’s sole cost 's cost, make such modification or alteration to the completed Alterations as shall be required to bring the same in compliance. Xxxxxxxx's consent to the plans and expensespecifications, or any work proposed or completed by Xxxxxx, shall not be deemed a representation or affirmation regarding compliance with any such laws or regarding the suitability of such Alterations for Tenant's intended purposes. In any event, Tenant shall not remove any alterations, additions or leasehold improvements made by Tenant, that were (i) previously designated for removal by Landlord at and shall surrender the time the improvement was made or (ii) designated to be removed Demised Premises at the end of the termDemised Term in good condition and repair, there having been no request ordinary wear and tear and damage by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes casualty or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationscondemnation excepted.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises, or change demised premises of any plumbing or wiring, nature without Owner’s prior written consent. Subject to obtaining the prior written consent of LandlordOwner and to the provisions of this article, which consent shall not be unreasonably withheld, delayed or conditioned. Plans Tenant, at Tenant’s expense, may make alterations, installations, additions or improvements which are nonstructural and specifications which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first reasonably approved in each instance by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements 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 Owner. Tenant agrees to carry, and will cause Tenant’s contractors and subcontractors to carry, such worker’s compensation, commercial general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for such work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be submitted discharged by Tenant within thirty (30) days after notice to Landlord Tenant, at Tenant’s expense, by payment or filing a bond as permitted by law. All fixtures and all paneling, partitions, railings and like installations installed in advance. No fixtures the demised premises at any time, either by Tenant or 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 one hundred (100) days prior to the 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 same shall be removed from the Premises. Landlord shall have the right demised premises by Tenant prior 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 termlease, at Tenant’s expense except that Tenant shall have no obligation to remove the same unless they (a) are not generally usable by other office tenants and (b) Owner so indicates to Tenant in writing at the time Owner approves the plans for the installation thereof. As 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 same from the commencement datedemised premises, there are no or upon removal of other installations as may be required by Owner, Tenant shall immediately, and at its expense, repair and restore the demised premises to the condition existing improvements that will be prior to any such installations (normal wear and tear excepted), and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the termterm remaining in the demised premises after Tenant’s removal shall be deemed abandoned and may, there having been no request by Tenant for a notification at the time election of Owner, either be retained as Owner’s property or removed from the improvement was made; and Tenant shalldemised premises by Owner, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsexpense.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Alterations. After the Commencement Date, Tenant shall not make or permit any alterationsAlterations in, additions on or improvements to about the Premises, or change any plumbing or wiring, without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, that Landlord's consent shall not be required for any nonstructural Alterations that do not exceed Twenty-Five Thousand and no/100ths Dollars ($25,000.00) in cost. Plans In no event, however, shall Tenant make any: (i) Alterations to the exterior of the Building; (ii) Alterations to and specifications for such work penetrations of the roof of the Building; or (iii) Alterations visible from outside the Building without the prior written consent of Landlord, to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be submitted to Landlord installed at Tenant's sole expense, in advance. No fixtures compliance with all applicable laws, by a licensed contractor, shall be removed from done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or 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. All Alterations made by Tenant shall provide be and become the property of 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 upon installation and shall not be surrendered with the Premises. Upon the request of deemed Tenant's Personal Property; provided, however, that Landlord shall notify Tenant upon Landlord's consent to such Alterations by Landlord (or if Landlord's consent is not required, upon written request by Tenant, at the time the improvement is made, if said improvement ) whether Tenant 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, upon written demand by Landlordremove, at Tenant’s sole cost and 's expense, remove such Alterations from the Premises at the expiration or sooner termination of this Lease and to return the Premises to their condition as of the Commencement Date of this Lease, normal wear and tear excepted and subject to the provisions of paragraph 23. Notwithstanding any alterationsother provision of this Lease, additions or improvements Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by Tenant, that were (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage it to the Premises. Tenant shall give Landlord written notice of Tenant's intention to perform work on the Premises caused by such removal. At at least twenty ten (2010) 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 work on the Premises, Tenant shall notify Landlord of the 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 such work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulations.

Appears in 1 contract

Samples: Sublease Agreement (Fogdog Inc)

Alterations. (a) Tenant shall make all additions, improvements and alterations (hereinafter "Alterations") on the Leased Premises, and on and to the improvements, parking areas, sidewalks, and equipment thereon, required pursuant to Section 9.1(c) below or which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation, claiming by, through or under Tenant. Tenant shall have the right during the Lease Term to make Alterations as may be proper and necessary for the conduct of its business and for the full beneficial use of the Leased Premises permitted herein, provided Landlord shall have first approved the Alteration if the Alteration is an Approval Alteration (as hereinafter defined) and provided further Tenant shall pay when due all costs, expenses and charges thereof, and shall fully and completely indemnify Landlord against any mechanic's lien or other liens or claims in connection with the making of any such Alterations. Approval Alterations shall constitute any Alteration that shall diminish the fair market or rental value of the Leased Premises, or any Alteration of a structural nature to the interior or exterior of the Leased Premises, or any Alterations to the main electrical, plumbing, heating, ventilating and air-conditioning systems. Tenant shall not make make, nor permit to be made any alterationsApproval Alterations of the Leased Premises without first obtaining Landlord's approval thereof, additions or improvements which approval shall not be unreasonably withheld. Tenant shall promptly repair any damage to the PremisesLeased Premises caused by any Alterations of the Leased Premises by Tenant. Tenant shall be obligated to remove Approval Alterations which Landlord has consented to the extent that the consent of Landlord was conditioned upon the removal of such Alterations by Tenant. (b) As to any Alterations which Tenant is required hereunder to perform or to which Landlord consents, and as to any repairs costing in excess of $5,000.00, and as to any replacements whatsoever, or change as to any plumbing or wiringwork performed pursuant to Article XVIII hereof, without the prior written consent of Landlord. Plans and specifications for such work shall be submitted performed with rebuilt materials that are comparable to new materials and have been approved by Landlord or with new materials, in advancea good and workmanlike manner, strictly in accordance with plans and specifications therefor received by Landlord prior to the commencement of construction of the Alteration and first approved in writing by Landlord (which approval shall not be unreasonably withheld), if the Alteration is an Approval Alteration, and in accordance with all applicable laws and ordinances. 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 Upon completion of any such work is to be performed. by or on behalf of Tenant, Tenant shall provide Landlord with insurance certificates such documents as Landlord may require (including, without limitation, sworn contractors' statements and supporting lien waivers) evidencing that all contractors and subcontractors have adequate workmen’s compensation insurancepayment in full for such work, and builder’s risk insurance satisfactory to Landlord"as built" working drawings. Any such improvements, including wall covering, paneling and built-In the event Tenant performs any work not 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 compliance with the Premises. Upon the request provisions 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 hereofthis Section 9.1(b), Tenant shall, upon written demand by notice from Landlord, at Tenant’s sole cost as expeditiously as possible remove such work and expense, remove any alterations, additions or improvements made by Tenant, that were (i) previously designated for removal by Landlord at restore the time the improvement was made or (ii) designated Leased Premises to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days their condition immediately prior to the commencement of any work performance thereof. (c) Tenant shall make all Alterations on the Premises, and on and to the improvements, parking areas, sidewalks and equipment thereon required by any governmental authority and relating to Tenant's then actual use of the Leased Premises. Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for violate any lien for Tenant’s worklaw, ordinance or other governmental regulation in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented effect from time to timetime which relates to the manner in which the Tenant is then using the Leased Premises. Landlord has not received any written notice stating that the Leased Premises and said improvements, parking areas, sidewalks and equipment thereon are not in material compliance with all similar applicable state and local laws, rules and ordinances or other governmental regulations.

Appears in 1 contract

Samples: Industrial Building Lease (Vysis Inc)

Alterations. Tenant Sublessee shall not make or permit the making of any alterationsalteration, additions addition, change, replacement, installation or improvements addition in or to the Premises, or change any plumbing or wiring, 23rd Floor Premises without in each instance obtaining the prior written consent of Landlord. Plans (x) Prime Landlord pursuant to the terms of the Prime Lease and specifications (y) Sublessor which consent of Sublessor shall not be unreasonably withheld, conditioned or delayed provided that (i) such alterations are consistent with and are for such work shall be submitted to Landlord the purposes of a first-class office use, (ii) are in advance. No fixtures shall be removed from compliance with all provisions of the Premises. Prime Lease, (iii) Prime Landlord shall have granted its consent to such alterations, if required under the right Prime Lease and (iv) the proposed alteration does not in any way affect or change the existing wiring or telecommunications systems in the 23rd Floor Premises. Notwithstanding anything 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 insurancecontrary herein, 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 Sublessee shall be surrendered with required to remove any alterations, additions, changes, replacements, installations or additions to the Premises. Upon 23rd Floor Premises made by Sublessee prior to the request of TenantSublease Expiration Date, Landlord shall notify Tenant, at to the time extent the improvement is made, if said improvement will same are or may be required to be removed upon under the expiration of the termPrime Lease. As of the commencement date, there are no existing improvements that will Sublessee shall not be required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the 23rd Floor Premises by Tenant Sublessor prior to the 23rd Floor Sublease Commencement Date provided, however, that Sublessee shall be pay for any additional costs incurred by Sublessor to remove such alterations to the extent such additional costs are the result of any (x) alterations made in compliance with to the Americans with Disabilites Act 23rd Floor Premises by or on behalf of 1990 and its implementing regulationsSublessee after the 23rd Floor Sublease Commencement Date, (y) default by Sublessee under this Sublease and/or (z) failure by Sublessee to vacate the 23rd Floor Premises as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsrequired under this Sublease.

Appears in 1 contract

Samples: Sublease (Primus Guaranty LTD)

Alterations. Tenant shall not make any alterationsA. Tenant, additions or improvements following the delivery of the Premises by Landlord and the full and final execution and delivery of the Lease to the Premiseswhich this Exhibit is attached and all prepaid rental and security deposits required under such agreement, or change any plumbing or wiring, without the prior written 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 perform alterations and improvements in the Premises (the "Initial Alterations"). Notwithstanding the foregoing, Tenant and its contractors as well as shall not have the general manner right to perform Initial Alterations in the Premises unless and method in which such work is until Tenant has complied with all of the terms and conditions of Article IX of the Lease, including, without limitation, reasonable approval by Landlord of the final plans for the Initial Alterations and the contractors to be performedretained by Tenant to perform such Initial Alterations. Tenant shall provide Landlord be responsible for all elements of the design of Tenant's plans (including, without limitation, compliance with insurance certificates evidencing that all contractors law, functionality of design, the structural integrity of the design, the configuration of the premises and subcontractors have adequate workmen’s compensation insurancethe placement of Tenant's furniture, appliances and equipment), and builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-'s approval of Tenant's plans shall in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part no event relieve Tenant of the realty and belong to responsibility for such design. Landlord and shall be surrendered with the Premises. Upon the request advise Tenant in writing within 5 Business Days after Landlord's receipt of each of Tenant's space plans, working drawings and construction drawings if the Landlord disapproves such plans or drawings. Landlord shall state the reason(s) for such disapproval in its written notification to Tenant. If Landlord disapproves the applicable plans or drawings, then within 3 Business Days after Tenant's receipt of such disapproval, Tenant shall cause the applicable plans or drawings to be revised to correct any such problems identified by Landlord that Landlord may require. Within 3 Business Days of Landlord's receipt of such revised plans or drawings, Landlord shall notify Tenantadvise Tenant in writing if the Landlord again disapproves of such revised plans or drawings, at and stating the time reason(s) for such disapproval. Landlord's approval of the improvement is made, if said improvement will contractors to perform the Initial Alterations shall not be required unreasonably withheld. The parties agree that Landlord's approval of the general contractor to perform the Initial Alterations shall not be considered 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove unreasonably withheld if any alterations, additions or improvements made by Tenant, that were such general contractor (i) previously designated for removal by Landlord at the time the improvement was made or does not have trade references reasonably acceptable to Landlord, (ii) designated does not maintain insurance as required pursuant to the terms of this Lease, (iii) does not provide current financial statements reasonably acceptable to Landlord, or (iv) is not licensed as a contractor in the state/municipality in which the Premises is located. Tenant acknowledges the foregoing is not intended to be removed at the end an exclusive list of the term, there having been no request by Tenant for reasons why Landlord may reasonably withhold its consent to a notification at general contractor. B. Notwithstanding the time provisions of Article I.F of the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage Lease to the Premises contrary, the Abatement Period shall be extended by the number of days of delay of the "substantial completion of the Initial Alterations", as that term is defined below, which delay is caused solely by a "Landlord Caused Delay". For purposes of this Exhibit D, a "Landlord Caused Delay" shall mean only (1) an actual delay resulting from the failure of Landlord to timely furnish information or approve or disapprove Tenant's plans and drawings for the Initial Alterations as provided in Section I.A. above, and (2) any action or inaction by Landlord or its agents, employees, vendors or contractors which actually delays Tenant's construction and completion of the Initial Alterations. A Landlord Caused Delay shall not include any delay in the substantial completion of the Initial Alterations for any other reason, including but not limited to a delay (i) caused by the inability of Landlord to recapture the Premises from an existing tenant or occupant of the Premises or to regain the legal right to possession thereof, it being agreed that the rights and obligations of the parties hereto resulting from such removalcircumstances shall be governed by the provisions of Article III. At least twenty of the Lease, (20ii) days prior due to compliance with or additional burdens resulting from the commencement Landlord's Contractor Rules and Regulations and the Building Rules and Regulations, or (iii) resulting from the access needs of any work on other tenants or occupants of the PremisesBuilding. If Tenant contends that a Landlord Caused Delay has occurred, Tenant shall notify Landlord in writing (the "Delay Notice") within 10 Business Days of the names and addresses date upon which such Landlord Caused Delay becomes known to Tenant. Tenant's failure to deliver such notice to Landlord within the required time period shall be deemed to be a waiver by Tenant of the persons supplying labor contended Landlord Caused Delay to which such notice would have related. If such actions, inaction or circumstances described in the Delay Notice are not cured by Landlord within 3 Business Days of receipt of the Delay Notice, and materials so that if such actions, inaction or circumstances otherwise qualify as a Landlord may give notice that it Caused Delay, then a Landlord Caused Delay shall be deemed to have occurred commencing as of the date of Landlord's receipt of the Delay Notice and ending as of the date upon which such Landlord Caused Delay ends (the "Delay Termination Date"). For purposes of this Paragraph B, "substantial completion of the Initial Alterations" shall mean completion of construction of the Initial Alterations in the Premises pursuant to the final plans approved by Landlord with the exception of any punch list items, any furniture, fixtures, work-stations, built-in furniture or equipment (even if the same requires installation or electrification by Tenant's agents). C. This Exhibit shall not be subject for deemed applicable to any lien for Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made additional space added to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended at any time or supplemented from time to time, whether by any options under the Lease or otherwise, or to any portion of the original Premises or any additions to the Premises in the event of a renewal or extension of the original Term of the Lease, whether by any options under the Lease or otherwise, unless expressly so provided in the Lease or any amendment or supplement to the Lease. Landlord and all similar applicable state Tenant have executed this Exhibit as of the day and local lawsyear first above written. LANDLORD: EOP-SHORELINE TECHNOLOGY PARK, rules L.L.C., a Delaware limited liability company By: EOP Operating Limited Partnership, a Delaware limited partnership, its sole member By: Equity Office Properties Trust, a Maryland real estate investment trust, its general partner By: Name: Title: TENANT: AEROGEN, INC., a Delaware corporation By: Name: Title: 3 EXHIBIT E ADDITIONAL PROVISIONS This Exhibit is attached to and regulationsmade a part of the Lease dated as of the day of , 2001, by and between EOP-SHORELINE TECHNOLOGY PARK, L.L.C., a Delaware limited liability company ("Landlord") and AEROGEN, INC., a Delaware corporation ("Tenant") for space in the Building located at 0000 Xxxxxxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx.

Appears in 1 contract

Samples: Lease Agreement (Aerogen Inc)

Alterations. Tenant shall may make interior, non-structural alterations in the Premises which do not affect building systems and which do not exceed Twenty-Five Thousand Dollars ($25,000) ("Permitted Alterations") without Landlord's consent. Tenant may not make any alterations, additions or improvements to the Premises, or change any plumbing or wiring, alterations which are not Permitted Alterations ("Other Alterations") without the Landlord's prior written consent of Landlordor approval, which consent or approval shall not be unreasonably withheld, conditioned or delayed. Plans and specifications for such work All alterations made by Tenant 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, upon written demand by Landlord, made at Tenant’s 's sole cost and expense, including all costs and expenses incurred in obtaining any required governmental consents, permits or approvals. Tenant may perform all alterations with contractors and subcontractors of Tenant's own choosing. Landlord will cooperate with Tenant's efforts to obtain any governmental permits or approvals or consents required therefor. Prior to performing any Other Alterations, Tenant shall furnish Landlord with plans and specifications, which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord shall notify Tenant within ten (10) business days after receipt of such plans and specifications if Landlord does not approve of them and shall specify what it finds unacceptable. In such event, Tenant shall cause the plans and specifications to be revised to remove any alterations, additions or improvements made by Tenant, that were (i) previously designated for removal correct the work not approved by Landlord at and shall resubmit revised plans and specifications for approval. If the time Landlord does not notify Tenant of its objections within ten (10) business days after receiving the improvement was made or (ii) designated plans and specifications, Landlord shall be deemed to be removed at have approved them. Tenant shall construct all alterations in accordance with the end plans and specifications approved by Landlord, using new and first-class materials and in compliance with all applicable laws, rules, regulations and orders of the termgovernmental authorities. Tenant shall obtain and furnish Landlord with copies of all certificates, there having been no request by Tenant for a notification at the time the improvement was made; permits and Tenant shall, at its sole cost and expense, repair any damage approvals relating to the Premises caused alterations that may be required by such removal. At least twenty (20) days prior to any governmental authority for the commencement issuance of any work on a certificate of occupancy or other approval of the Premises, Tenant shall notify Landlord or by the local or national Board of Fire Underwriters or similar bodies having jurisdiction. (a) builder's "all risk" insurance policy (broad form) covering the full replacement cost of the names and addresses of the persons supplying labor Alterations and materials so that Landlord may give notice that it shall not be subject for any lien for Tenant’s work, and supplies delivered and/or stored in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice for the purpose of being incorporated into the Alterations, (b) comprehensive general liability insurance in form and amount reasonably satisfactory to such persons in accordance with such statute. All additionsLandlord, alterations, changes or improvements made to the Premises by Tenant shall be made (c) workers' compensation coverage in compliance with the Americans Florida Workers' Compensation Act and employer's liability insurance with Disabilites Act a limit of 1990 and its implementing regulations, as amended or supplemented from time to timenot less than $1,000,000 per occurrence for any one accident/disease, and all similar applicable state and local laws, rules and regulations.(d) a contractor's equipment floater with limits

Appears in 1 contract

Samples: Lease (Anc Rental Corp)

Alterations. Tenant shall not make or suffer to be made any alterations, additions or improvements to or of the Premises, Premises or change any plumbing or wiring, part thereof without the prior written consent of Landlord which consent shall not be unreasonably withheld, provided that if the alterations, additions or improvements involve or directly or substantially affect the Building systems or structure such consent may be withheld in Landlord's sole discretion. Plans Notwithstanding the foregoing, if the total cost of an alteration, addition or improvement does not exceed Fifty Thousand Dollars ($50,000), Landlord's consent shall not be required, provided that such alteration, addition or improvement is not visible from outside of the Premises and specifications for such work shall be submitted does not involve or otherwise directly or substantially affect the Building systems or structure and is otherwise performed in accordance with the provisions of this Paragraph 12. Any alterations, additions, or improvements 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, including without limitation any partitions, movable or otherwise, 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 fixturesall carpeting, shall at once become a part of the realty and belong to Landlord. Movable furniture, equipment and trade fixtures shall remain the property of Tenant. If Landlord and consents to the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be surrendered made by Tenant at Tenant's sole cost and expense and any contractor or person selected by Tenant to make the same must first be approved of in writing by Landlord. If Tenant requests in writing at the time it requests approval of an alteration, addition or improvement (or at anytime with respect to alterations, additions and improvements not requiring Landlord's consent) that Landlord notify Tenant whether it will require such alteration, addition or improvement to be removed at the Premisesexpiration or termination of the Term and if Landlord approves such alteration, addition or improvement, Landlord shall so notify Tenant at the time it approves such alteration, addition or improvement (or, in the case of alterations, additions or improvements not requiring Landlord's consent, within ten (10) business days after Landlord's receipt of such request). 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 or sooner termination 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 shallTenant, upon written demand by Landlord, at Tenant’s 's sole cost and expense, forthwith and with all due diligence shall remove any alterations, additions or improvements made by Tenant, other than those that were (i) previously designated for removal by Landlord at has notified Tenant pursuant to the time the improvement was made or (ii) designated to be removed at the end terms of the termpreceding sentence that Tenant is not required to remove and other than typical office improvements that are generally consistent with Building standards, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shallTenant, forthwith and with all due diligence, at its sole cost and expense, shall repair any damage to the Premises caused by such removal. At least twenty (20) days prior Tenant's obligation to remove any alterations, additions, improvements, fixtures and/or personal property and to repair any damage from such removal shall survive the commencement termination of any work on the Premises, this Lease. Tenant shall notify reimburse Landlord upon demand for any reasonable expenses incurred by Landlord in connection with any alterations, additions or improvements made by Tenant, including reasonable fees charged by Landlord's contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the names and addresses Building to reflect the Alterations. Construction of the persons supplying labor and materials so that Landlord may give notice that it alterations, additions, or improvements shall not be subject for any lien for Tenant’s work, completed in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons drawings and specifications approved in accordance with such statute. All additionsadvance in writing by Landlord, alterations, changes or improvements made to the Premises by Tenant shall be made carried out in compliance with the Americans with Disabilites Act of 1990 a good and its implementing regulations, as amended or supplemented from time to timeworkmanlike manner, and shall comply with all similar applicable state and local laws, rules statutes, ordinances and regulationsgovernmental rules, regulations and requirements.

Appears in 1 contract

Samples: Sublease Agreement (Planetout Inc)

Alterations. Tenant shall not make any structural alterations, additions or improvements to the Premisesinstallations, improvements, or change additions with an aggregate cost in excess of $500,000 in any plumbing Lease Year (collectively, the “Alterations”) in or wiring, about the Premises without the Landlord’s prior written consent of Landlordin each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Plans and specifications for such work Any Alterations shall be submitted to Landlord in advance. No fixtures shall be removed from the Premises. performed: (i) by Tenant, at Tenant’s sole cost and expense (and Landlord shall have no duty or obligation with respect thereto), (ii) pursuant to detailed plans and specifications (including layout, architectural, mechanical, electrical, plumbing, sprinkler and structural drawings), if applicable given the right Alterations, approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), provided if Landlord shall fail to approve Tenantgiven notice of non- approval on or before the 45th day after receipt of such plans and specifications, Landlord’s contractors as well as the general manner and method in which such work is approval shall be deemed to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all have been granted, (iii) by contractors and subcontractors have adequate workmen’s compensation insuranceapproved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), (iv) in compliance with all Laws, and builder(v) in a good and workmanlike manner, free of all liens. Landlord’s risk insurance satisfactory consent to any work by Tenant or approval of Tenant’s plans or specifications shall not be deemed a certification that such work complies with applicable Laws, nor shall it impose any liability whatsoever upon 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove obtain any alterationsand all permits and approvals necessary for the performance of any Alterations. During the performance of any Alterations, additions Tenant shall carry, and shall cause its contractors and subcontractors to carry, such insurance as Landlord shall, in its reasonable judgment, direct. Notwithstanding anything to the contrary set forth herein, Tenant shall not be required to obtain Landlord’s prior consent with respect to any strictly cosmetic work or improvements made minor and nonstructural alterations performed within the Buildings by Tenant which cost less than $100,000.00. Notwithstanding anything else contained herein, Tenant may not make any Alterations that diminish the fair market value, the utility, the square footage or useful life of the Premises. Landlord shall have the right (but not the obligation) to observe Tenant, that were (i) previously designated for removal by Landlord ’s performance of any Alterations at the time the improvement was made Premises (or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shallany component thereof), at its sole cost and expense, repair any damage to . In the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so event that Landlord may give notice that it shall not be subject for elects to observe any lien for Tenant’s such work, in accordance with Colorado’s mechanics’ lien statutes. no event shall Landlord shall be deemed to have approved or made any representation or warranty regarding the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationssame.

Appears in 1 contract

Samples: Hospital Facility Lease Agreement

Alterations. Tenant shall Except for cosmetic alteration projects that do not make any alterationsexceed $20,000.00 during each calendar year and that do not affect the structural, additions electrical or improvements to 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 (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations or change any plumbing or wiring, improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Plans and specifications for such work shall be submitted Landlord may impose, as a condition to its consent, any requirements that Landlord in advanceits discretion may deem reasonable. No fixtures Tenant shall be removed from use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the PremisesAlterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall have be entitled to a supervision fee in the right amount of 5% of the cost of the Alterations. Landlord may elect to approve cause its architect to review Tenant’s contractors as well as architectural plans, and the general manner reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and method in which such work is consented to be performed. by Landlord change the floor plan of the Premises, then Tenant shall provide shall, at its expense, furnish Landlord with insurance certificates evidencing that as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory Alterations affixed to Landlord. Any such improvementsthe Premises, including wall covering, paneling and built-without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in cabinet workthe Work Letter), but excepting movable furniture excluding moveable trade fixtures and trade fixturesfurniture, shall at once become a part the property 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, 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 be removed Premises at the end of the termTerm, there having been no request except that Landlord may, by notice to Tenant for a notification given at the time of Landlord’s approval, require Tenant to remove by the improvement was madeExpiration Date or sooner termination date of this Lease, all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”); provided, however, that notwithstanding the foregoing, Landlord agrees that the Tenant Improvements as and to the extent set forth in the approved Plan and Cost Estimate shall not constitute Required Removables. In connection with its removal of Required Removables, Tenant shall, at its sole cost and expense, shall repair any damage to the Premises caused by such removal. At least twenty (20) days prior arising from that removal and shall restore the affected area to the commencement of any work on the Premisesits pre-existing condition, Tenant shall notify Landlord of the names reasonable wear 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationstear excepted.

Appears in 1 contract

Samples: Lease (Tarsus Pharmaceuticals, Inc.)

Alterations. Tenant shall Except for cosmetic alteration projects that do not make any alterationsexceed $53,535.00 during each calendar year and that do not affect the structural, additions electrical or improvements to 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 (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or change any plumbing or wiring, improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Plans and specifications for such work shall be submitted Landlord may impose, as a condition to its consent, any requirements that Landlord in advanceits discretion may deem reasonable or desirable. No fixtures Tenant shall be removed from use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the PremisesAlterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall have be entitled to a supervision fee in the right amount of 5% of the cost of the Alterations. Landlord may elect to approve Tenantcause its architect to review Xxxxxx’s contractors as well as architectural plans, and the general manner reasonable cost of that review shall be reimbursed by Xxxxxx. Should the Alterations proposed by Xxxxxx and method in which such work is consented to be performed. by Landlord change the floor plan of the Premises, then Tenant shall provide shall, at its expense, furnish Landlord with insurance certificates evidencing that as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory Alterations affixed to Landlord. Any such improvementsthe Premises, including wall covering, paneling and built-without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in cabinet workthe Work Letter), but excepting movable furniture excluding moveable trade fixtures and trade fixturesfurniture, shall at once become a part the property 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, 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 be removed Premises at the end of the termTerm, there having been no request except that Landlord may, by notice to Tenant for a notification given at the time of Landlord’s approval, require Tenant to remove by the improvement was made; and Expiration Date or sooner termination date of this Lease, all or any Alterations installed either by Tenant shallor by Landlord at Tenant’s request (collectively, the “Required Removables”). Notwithstanding anything to the contrary in the foregoing, the Tenant Improvements (as defined in the Work Letter attached hereto) shall not be Required Removables but any alternates described in the “Plan” (as defined in the Work Letter attached hereto) installed at Tenant’s request shall be Required Removables. In connection with its sole cost and expenseremoval of Required Removables, Tenant shall repair any damage to the Premises caused by such removal. At least twenty (20) days prior arising from that removal and shall restore the affected area to the commencement of any work on the Premisesits pre-existing condition, Tenant shall notify Landlord of the names reasonable wear 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationstear excepted.

Appears in 1 contract

Samples: Lease Agreement (AVITA Medical, Inc.)

Alterations. Tenant shall not make any alterations to the Premises other than Tenant Refurbishment and Tenant Improvement Work (both in accordance with Exhibit F), or to the Project, including any changes to the existing landscaping, without Landlord’s prior written consent, which shall not be unreasonably withheld, delayed or conditioned for alterations not affecting structural elements or materially altering Building systems. If Landlord gives its consent to such alterations, additions or improvements to Landlord may post notices in accordance with the Premises, or change any plumbing or wiring, without laws of the prior written 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 state 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 Landlordthe premises are located. Any such improvements, including wall covering, paneling alterations made shall remain on 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 Premises upon expiration or termination of Tenantthis Lease, except that Landlord shall notify Tenantmay, at the time the improvement is made, if said improvement will be required to be removed upon the on or before expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. As of At the commencement date, there are no existing improvements that will be required time Tenant submits plans for alterations to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereofLandlord for Landlord’s approval, Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by Tenant, may request that were (i) previously designated for removal by Landlord at the time the improvement was made or (ii) designated to elect whether such alterations shall be removed at the end termination of this Lease, and if so requested, Landlord shall make such election simultaneous with its approval of the termalterations. If Landlord elects to require removal of the alterations, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, then at its sole own cost and expense, repair any damage Tenant shall restore the Premises to the Premises caused condition designated by such removalLandlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. At least twenty (20) days prior Should Landlord consent in writing to the commencement Tenant’s alteration of any work on the Premises, Tenant shall notify contract with a contractor reasonably approved by Landlord for the construction of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All work performed shall be done in workmanlike manner and with material (when not specifically described in the Americans plans and specifications) of the quality and appearance customary in the trade for first-class construction of the type in which the Premises are located. All such construction shall be performed in a manner which will not interfere with Disabilites Act the quiet enjoyment of 1990 other tenants of the Project. Tenant shall pay all costs for such construction and its implementing regulationsshall keep the Premises and the Project free and clear of all mechanics’ liens which may result from construction by Tenant. If requested by Landlord, as amended Tenant shall post a bond or supplemented from time other security reasonably satisfactory to time, and all similar applicable state and local laws, rules and regulationsLandlord to protect against liens. Tenant will pay directly or reimburse Landlord for any reasonable cost incurred by Landlord in reviewing plans and/or monitoring construction.

Appears in 1 contract

Samples: Office Lease Agreement (F5 Networks Inc)

Alterations. No alterations, additions or improvements (excluding cosmetic work, as set forth herein) shall be made to the Premises or any part thereof by or on behalf of Tenant without first submitting a detailed description thereof to Landlord and obtaining Landlord’s written approval. In the event Landlord fails to respond to any request for consent to an alteration within ten (10) business days, Landlord shall be deemed to have denied such requested alteration. Cosmetic work (such as painting and carpeting) is permitted without Landlord’s consent provided the same shall not make exceed $50,000.00 in the aggregate in any twelve (12) month period. For any alterations, additions or improvements affecting structural portions of the Building or any Building systems, Landlord, at Landlord’s option, shall have the right to provide construction management for and on behalf of Tenant at Tenant’s sole expense constituting five percent (5%) of the alteration’s total cost. All alterations, additions or improvements made by Tenant and all fixtures attached to the PremisesPremises shall become the property of Landlord and remain at the Premises or, at Landlord’s option, after written notice to Tenant, any or all of the foregoing which may be designated by Landlord shall be removed at the cost of Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation or removal; provided that Tenant may submit a written request to Landlord at the time of seeking Landlord’s approval for any alteration, addition or improvement requesting a determination by Landlord as to whether such alteration, addition or improvement will need to be removed at the expiration or sooner termination of the Lease in which event Landlord’s determination shall be shall be binding. Notwithstanding anything in this Lease, unless otherwise requested by Landlord in writing, Tenant shall remove all Direct Tenant Work (defined at Article 8(b) hereof) and shall repair all damage to the Premises caused by the installation or removal of such Direct Tenant Work. Except as set forth in Article 16(b)(viii), Tenant shall not erect or place, or change cause or allow to be erected or placed, any plumbing sign, advertising matter, lettering, stand, booth, showcase or wiringother article or matter in or upon the Premises and/or the building of which the Premises are a part, without the prior written consent of Landlord. Plans and specifications for , not to be unreasonably withheld; provided however, Tenant may place such work shall be submitted to Landlord in advance. No fixtures shall be removed items within the Premises so long as not visible from the exterior of 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 not place weights anywhere beyond the safe carrying capacity 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsstructure.

Appears in 1 contract

Samples: Lease Agreement (Trevena Inc)

Alterations. Tenant shall not make any no structural alterations, additions or improvements to the Premises, or change any plumbing or wiring, Premises without the express prior written consent of Landlord. Plans and specifications for such work Landlord which consent shall not be submitted unreasonably withheld or delayed, except that Tenant may alter any wall that is not of a load-bearing nature without the consent of Landlord so long as Tenant gives notice to Landlord in advance. No fixtures shall be removed from the Premises. Landlord shall have the right of its intent 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 do so 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least less than twenty (20) days prior to such alteration. Alterations, additions and improvements shall be Tenant's property during the commencement Term of this Lease. Tenant may make non-structural changes and modifications to the Premises without Landlord's approval. In the event Landlord has not responded to Tenant's written request for alterations within twenty (20) days of when received, such alteration shall be deemed to have been approved by Landlord. Tenant agrees to save Landlord harmless on account of any work claim or lien of mechanics, materialmen or other party, in connection with any alterations, additions or improvements of or to the Premises performed by Tenant. Tenant shall furnish such waivers of liens and appropriate affidavits from the general contractor or subcontractors as Landlord may reasonably request. Notwithstanding the foregoing, Tenant shall also be entitled to make the following changes without necessity of Landlord's consent: (i) any alterations required to be made by it pursuant to governmental orders, rules, laws, regulations, ordinances or requirements, and (ii) any changes in its signage; or, (iii) those changes recommended or required by the automobile manufacturer whose automobiles are sold on the Premises, . Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons finance any alterations or improvements permitted hereunder and may pledge its interest in accordance this Lease as security therefor; provided, however, that any liens granted in connection with such statute. All additions, alterations, changes or improvements made financings shall be subordinate to the Premises rights of Landlord under this Lease. In the event Tenant grants a Deed of Trust or other security interest with respect to its leasehold estate hereunder, Landlord agrees to give the holder of such interest notice of any default by Tenant shall be made and allow such holder thirty (30) days to cure such default or exercise rights to acquire Tenant's interest in compliance with this Lease or cause another to acquire Tenant's interest in this Lease before Landlord exercises its rights upon default of Tenant under Sections 17 or 18 hereof and Landlord will not treat the Americans with Disabilites Act transfer of 1990 and its implementing regulations, Tenant's rights hereunder as amended a result of such action as a transfer or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsassignment requiring Landlord's consent under Section 15 of the Lease.

Appears in 1 contract

Samples: Lease Agreement (United Auto Group Inc)

Alterations. Tenant shall not install any signs, fixtures, improvements, nor make or permit any alterationsother alterations or additions (individually, additions or improvements an “Alteration”, and collectively, the “Alterations”) to the Premises, or change any plumbing or wiring, Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) per calendar year and which do not affect the Building Systems or the structural integrity or structural components of the Premises or the Building. Plans In all events, 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 and specifications for Tenant shall obtain all permits or other governmental approvals prior to commencing any of 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 deliver a copy of same 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 All Alterations 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, upon written demand by Landlord, at Tenant’s sole cost and expenseexpense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, remove and shall be installed by a licensed, insured, and bonded contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), and all recorded matters and rules and regulations of the Business Center. In addition, all work with respect to any alterationsAlterations must be done in a good and workmanlike manner. Landlord’s approval of any plans, additions specifications or improvements made by working drawings for Tenant’s Alterations shall not create nor impose any responsibility or liability on the part of Landlord for their completeness, that were 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 have the work performed in such a manner as not to obstruct access to the Business Center, or the Common Areas for any other tenant of the Business Center, and as not to obstruct the business of Landlord or other tenants in the Business Center, or interfere with the labor force working in the Business Center. As Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (i10) previously designated days after demand, for removal actual legal, engineering, architectural, planning and other expenses incurred by Landlord at the time the improvement was made or in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to three and one-half percent (ii3-1/2 %) designated to be removed at the end of the termtotal cost of the Alterations. If Tenant makes any Alterations, there having been no request Tenant agrees to carry “Builder’s All Risk” insurance, in a commercially reasonable amount reasonably approved by Landlord and such other insurance as Landlord may reasonably require, it being understood and agreed that all of such Alterations shall be insured by Tenant for a notification at in accordance with the time terms of this Lease immediately upon completion thereof. Tenant shall keep the improvement was made; Premises and the property 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, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement construction of any work on the Premisesand all Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and Tenant shall notify Landlord provide such assurances to Landlord, including without limitation, waivers of lien and surety company performance bonds in the event the cost of the names and addresses Alteration exceeds $100,000.00 in order to assure payment of the persons supplying labor costs thereof to protect Landlord and materials so that Landlord may give notice that it shall not be subject for the Business Center from and against any lien for Tenantloss from any mechanic’s, materialmen’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsother liens.

Appears in 1 contract

Samples: Industrial Lease (Mips Technologies Inc)

Alterations. Tenant shall not may, from time to time, at its own cost and expense and without the consent of Landlord, make any non-structural non-roof alterations, additions or improvements to the interior of the Premises (collectively herein called "Alterations") whose cost in any one instance is Fifty Thousand and 00/100 Dollars ($50,000.00) or less, provided Tenant first notifies Landlord in writing of any such Alterations. If Tenant desires to make any nonstructural non-roof Alterations costing in excess of Fifty Thousand and 00/100 Dollars ($50,000.00) 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 require by written notice to Tenant at the time of approval that such readaptation will be made prior to 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 change the roof, Landlord shall be relieved of further maintenance and repair responsibility for the structural components affected by such alterations, and Tenant shall assume such responsibility, with respect to that portion of the structural components (in its entirety), if 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 expense, in which event Landlord shall not be relieved of any plumbing responsibility it may have to the component to be altered. If Tenant desires to make any alterations to the precast panels, or wiringto the exterior of the Building or Lot, without Tenant must first obtain the prior written consent of Landlord thereto, which may be withheld in 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's sole discretion. Any and all 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 Alterations may 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 done by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant 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 be removed at the end of the term, there having been no request general contractor chosen by Tenant provided any such general contractor is reputable, bondable by reputable bonding companies, carries the kind of insurance and in the amounts set forth in Section 11.5 below. Notwithstanding the foregoing, no such bonding is required for a notification at the time the improvement was made; and Tenant shallnon-structural, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationsnon-roof Alterations.

Appears in 1 contract

Samples: Lease Agreement (Netscout Systems Inc)

Alterations. (a) Tenant shall not (i) create any openings in the roof or exterior walls, or floors or which are visible from the exterior of the Demised Premises (ii) make any structural alterations or additions to the Demised Premises, or (iii) make any changes, modifications or additions that would have a material adverse effect on any Building system or (iv) which costs, together with any other alterations or additions or modifications reasonably included within the same scope of work, more than $50,000, without in each case the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed with respect to clause (iv) hereof, but otherwise may be given or withheld in Landlord’s sole and absolute discretion. (b) Tenant shall have the right to make any other type of alteration to the Demised Premises without Landlord’s consent provided Tenant gives Landlord at least ten (10) days prior written notice of any alterations the cost of which exceeds $10,000. Without limitation, for purposes of this Lease, the erection, installation or relocation of non-load-bearing walls, doors, cabinets, shelves, electrical outlets, machinery, air conditioning or heating equipment and trade fixtures and other equipment will be deemed non structural alterations. Landlord shall not make any alterations to the Demised Premises without Tenant’s prior written consent in Tenant’s reasonable discretion. (c) Notwithstanding the ownership of the alterations, additions or improvements to the Premises, or change any plumbing or wiring, without the prior written 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 Tenant retains the right during the Term to approve Tenant’s contractors as well as the general manner and method in which depreciate all 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, upon written demand by Landlord, at Tenant’s sole cost and expense, remove any alterations, additions or improvements made by at Tenant’s expense. (d) Tenant, in connection with any Alteration, shall comply with Landlord’s Rules and Regulations attached to this Lease, as such Rules and Regulations may be amended from time to time in a manner that were (i) previously designated does not affect Tenant’s rights hereunder other than to a de minimis extent. Tenant shall not proceed with any Alteration for removal which plans or specifications are customarily prepared unless and until Landlord approves Tenant’s plans and specifications therefor. Any review or approval by Landlord of plans and specifications with respect to any Alteration is solely for Landlord’s benefit, and without any representation or warranty to Tenant with respect to the adequacy, correctness or efficiency thereof, its compliance with Laws (as hereafter defined) or otherwise. All plans and specifications to be approved by Landlord shall be on auto CAD or other method of presentation reasonably selected by Landlord and shall show, among other things, the exact location of all proposed conduits, wires and cabling, all of which shall be properly labeled. Landlord will either approve or disapprove Tenant’s request of Alterations within fifteen (15) days after submittal of Tenant’s request. If Landlord fails to approve or disapprove such request within such 15-day period, Tenant may submit a second request to Landlord seeking Landlord’s approval. If such second request contains a legend, in bold face type, substantially as follows: “Approval is hereby sought; failure to respond within five (5) days from the date of receipt will signify your deemed approval,” the Landlord’s failure to respond within such 5-day period shall be deemed Landlord’s approval of the proposed alteration. (e) Tenant shall pay to Landlord upon demand Landlord’s reasonable third party costs and expenses (including, without limitation, the fees of any architect or engineer employed by Landlord or any superior lessor or superior mortgagee for such purpose) for reviewing plans and specifications and inspecting Alterations, not to exceed in the aggregate $1500 for any group of Alterations being done at the time same time. (f) Tenant shall obtain (and furnish copies to Landlord of) all necessary governmental permits and certificates for the improvement was made or (ii) designated commencement and prosecution of Alterations and for final approval thereof upon completion, and shall cause Alterations to be removed performed in compliance therewith, and in compliance with all Laws and, with the plans and specifications approved by Landlord. Landlord will cooperate with Tenant (at no material cost to Landlord) in obtaining approvals and governmental permits required by this Section. Alterations shall be diligently performed in a good and worker-like manner, using materials and equipment at least equal in quality and class to those in the end Occupied Premises as of the termcompletion of Initial Tenant Work. All Alterations for which Landlord’s approval is necessary shall be performed by properly licensed architects, there having been no request engineers and contractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed), provided that Landlord shall be entitled to designate one contractor for work on life safety systems. A list of architects, engineers and contractors that are pre-approved by Landlord is attached hereto as Exhibit I. (g) Throughout the performance of Alterations, Tenant for shall carry worker’s compensation insurance or a notification at the time the improvement was made; and Tenant shallself-insurance program permitted by law, at its sole cost and expense, repair any damage subject to the Premises caused by requirements under Section 7.04, in statutory limits, “all risk” Builders Risk coverage [in the amount of the cost of improvement] and general liability insurance, with completed operation endorsement, for any occurrence in or about the Project, under which Landlord and its agent and any superior lessor and superior mortgagee whose name and address have been furnished to Tenant shall be named as parties insured, in such removallimits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. At least twenty (20) days prior to Tenant shall furnish Landlord with evidence that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations. (h) Should any work on mechanics’ or other liens be filed against any portion of the PremisesProject by reason of the acts or omissions of, or because of a claim against, Tenant or anyone claiming under or through Tenant, Tenant shall notify Landlord of cause the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not same to be subject for any lien for Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes canceled or improvements made to the Premises by Tenant shall be made record a bond in compliance with the Americans Texas Property Code within 30 days after notice. If Tenant shall fail to cancel or discharge or bond said lien or liens within said 30 day period, Landlord may cancel or discharge the same and, upon Landlord’s demand, Tenant shall reimburse Landlord for all costs incurred in canceling or discharging such liens, together with Disabilites Act interest thereon at the Interest Rate from the date incurred by Landlord to the date of 1990 payment by Tenant, such reimbursement to be made within thirty (30) Business Days after receipt by Tenant of a written statement from Landlord as to the amount of such costs. Tenant shall indemnify and its implementing regulationshold Landlord harmless from and against all costs (including, as amended without limitation, attorneys’ fees and disbursements and costs of suit), losses, liabilities or supplemented from time causes of action arising out of or relating to timeany Alteration, including, without limitation, any mechanics’ or other liens asserted in connection with such Alteration. (i) Tenant shall deliver to Landlord, within 30 days after the completion of an Alteration, “as-built” drawings thereof. During the Term, Tenant shall keep records of all Alterations including plans and specifications, copies of contracts, invoices, evidence of payment and all similar applicable state other records customarily maintained in the real estate business relating to Alterations and local lawsthe cost thereof and shall, rules and regulationswithin 30 days after demand by Landlord, furnish to Landlord copies of such records.

Appears in 1 contract

Samples: Lease (El Paso Electric Co /Tx/)

Alterations. Tenant shall Except for cosmetic alteration projects that do not make any alterationsexceed $35,000.00 during each calendar year and that do not affect the structural, additions electrical or improvements to 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 (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations or change any plumbing or wiring, improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of LandlordLandlord which consent shall not be unreasonably withheld, conditioned or delayed. Plans and specifications for such work shall be submitted Landlord may impose, as a condition to its consent, any requirements that 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 performedits discretion may deem reasonable or desirable. Tenant shall provide Landlord use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with insurance certificates evidencing that all applicable laws, regulations and ordinances with contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory reasonably acceptable to Landlord. Any such improvementsExcept for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 3% of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural 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. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including wall covering, paneling and built-without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in cabinet workthe Work Letter), but excepting movable furniture excluding moveable trade fixtures and trade fixturesfurniture, shall at once become a part the property 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, 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 be removed Premises at the end of the termTerm, there having been no request except that Landlord may, by notice to Tenant for a notification given at the time of Landlord’s approval, require Tenant to remove by the improvement was made; and Expiration Date or sooner termination date of this Lease, all or any Alterations (excluding any Tenant shallImprovements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, at the “Required Removables”). In connection with its sole cost and expenseremoval of Required Removables, Tenant shall repair any damage to the Premises caused by such removal. At least twenty (20) days prior arising from that removal and shall restore the affected area to the commencement of any work on the Premisesits pre-existing condition, Tenant shall notify Landlord of the names reasonable wear and addresses of the persons supplying labor tear, casualty 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from time to time, and all similar applicable state and local laws, rules and regulationscondemnation excepted.

Appears in 1 contract

Samples: Lease (BioCardia, Inc.)

Alterations. 17.1 Tenant shall not make any no alterations, additions or improvements (hereinafter in this article, "improvements") in or to the Premises, or change any plumbing or wiringother than interior non-structural improvements the cost of which does not exceed $50,000, without the Landlord's prior written consent of Landlordconsent, which shall not be unreasonably withheld. Plans Tenant shall deliver to Landlord final plans and specifications and working drawings for such work shall be submitted the improvements to Landlord in advance. No fixtures shall be removed from the Premises. Landlord, and Landlord shall have fifteen (15) days thereafter to grant or withhold its consent. If Landlord does not notify Tenant of its decision within the right fifteen (15) days, Landlord shall be deemed to approve Tenant’s have given its approval. 17.2 If a permit is required to construct the improvements, Tenant shall deliver a completed, signed-off inspection card to Landlord within ten (10) days of completion of the improvements, and shall promptly thereafter obtain and record a notice of completion and deliver a copy thereof to Landlord. 17.3 The improvements shall be constructed only by licensed contractors approved by Landlord, which approval shall not be unreasonably withheld. Any such contractor must have in force a general liability insurance policy with commercially reasonable limits, which policy of insurance shall name Landlord as well as the general manner and method in which such work is to be performedan additional insured. 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 copy of the realty and belong to Landlord and shall be surrendered contract 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, 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 be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair any damage to the Premises caused by such removal. At least twenty (20) days contractor prior to the commencement of construction. 17.4 Tenant agrees that any work on the Premises, Tenant shall notify Landlord of the 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 keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made accomplished in such a manner as to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times except when minimally necessary for building reconfiguration work. 17.5 Tenant covenants and agrees that all work done by Tenant shall be performed in compliance with the Americans with Disabilites Act of 1990 and its implementing all laws, rules, orders, ordinances, directions, regulations, as amended or supplemented from time to timepermits, approvals, and requirements of all similar governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations, and requirements of any applicable state fire rating bureau. Tenant shall provide Landlord with "as-built" plans showing any change in the Premises within thirty (30) days after completion. 17.6 Landlord shall make no improvements in or to the Premises without Tenant's prior written consent, and local laws, rules and regulationsthe provisions of this article shall apply to improvements undertaken by Landlord to the same extent as they apply to improvements undertaken by Tenant.

Appears in 1 contract

Samples: Sublease (Brocade Communications Systems Inc)

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