Common use of Alterations Clause in Contracts

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Lease Agreement (Greystone Logistics, Inc.)

Alterations. Landlord is under no obligations to Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements to the Leased PremisesPremises (collectively, the “Alterations”) without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed), except for (a) the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises and (b) Alterations that are cosmetic in nature and do not affect the Building’s Structure or any Building’s System, do not require permits, and are anticipated to cost less than $25,000 (“Permitted Alterations”). Tenant shall have furnish complete plans and specifications to Landlord for its approval at the righttime Tenant requests ▇▇▇▇▇▇▇▇’s consent to any Alterations. Subsequent to obtaining Landlord’s consent and prior 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 Landlord may post on and about the Premises or the Project notices of non-responsibility pursuant to applicable Laws. Tenant shall reimburse Landlord within thirty (30) days after the rendition of a bill for all of Landlord’s 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, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERexpense by a contractor reasonably approved in writing by Landlord. Without Landlord’s prior written consent, Tenant shall not undertake use any material alteration, decoration, installation or addition to portion of the Leased Premises without first obtaining (i) Common Areas in connection with the written consent of Landlord, and (ii) when required by any mortgagee, the written consent making of any mortgagee maintaining an interest 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 Leased PremisesProject 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 such alterations, decorations, improvements or additions to the Leased Premises shall be Alterations made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises by Tenant shall become the property of the Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, except for detachable and movable equipmentunless Landlord requires the removal of such Alterations. Notwithstanding the foregoing, furniture and trade fixtures owned by Tenantupon ▇▇▇▇▇▇’s written request at the time it seeks Landlord’s consent to an Alteration, all of which may Landlord agrees to indicate in writing whether it will require such Alteration to be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore upon the Leased Premises. In expiration or earlier termination of the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removalLease. If any lien (or a petition to establish Landlord requires the removal of such lien) is filed in connection with any alterationAlterations, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s its sole cost and expense, prior to the Expiration Date or the last day of the Renewal Term (as defined in Exhibit G), as the case may be, or earlier termination of this Lease, remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the payment thereof Premises 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 pay Landlord, within five (5) days following Landlord’s demand, an amount equal to the actual out-of-pocket cost of performing the Removal and Restoration Work, and Landlord shall have the right (but not the obligation) to perform such work on Tenant’s behalf. All construction work done by Tenant within the Premises shall be performed in accordance with all Laws, in a good and workmanlike manner with new materials of first-class quality, lien-free, and in such manner as to cause a minimum of interference with the transaction of business at the Project. All work which may affect the Building’s Structure or the Building’s Systems, at Landlord’s election, must be performed by ▇▇▇▇▇▇▇▇’s usual contractor for such work. All work affecting the filing roof of the Project must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce the warranty on the roof. In all events, Tenant shall be required to use union labor in connection with any initial improvements and all Alterations. ▇▇▇▇▇▇ agrees to indemnify, defend and hold Landlord, its Affiliates, Harvest Properties, Inc. (“Harvest”), Cerberus Real Estate Capital Management, LLC, a Delaware limited liability company (“Cerberus”), and Landlord’s Property Manager, and their respective officers, directors, partners, members, shareholders, employees and agents (collectively, the “Indemnitees”) harmless against any loss, liability or damage resulting from such work performed by or at the request of Tenant (except for the Work), and Tenant shall, if requested by Landlord, furnish a bond acceptable or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (i) plenum rated and/or have a composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (ii) labeled every 3 meters with Tenant’s name and origination and destination points; (iii) installed in accordance with all EIA/TIA standards and the National Electric Code; and (iv) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may reasonably request. The routing plan shall be available to Landlord and its agents at the Project upon request.

Appears in 1 contract

Sources: Lease Termination Agreement (Spruce Biosciences, Inc.)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alterationmake alterations, decoration, installation additions or addition improvements to the Leased Premises or install any cable in the Premises or other portions of the Project (collectively, “Alterations”) without first obtaining (i) the written consent of LandlordLandlord (which approval shall not be unreasonably withheld, and (ii) when required by conditioned or delayed). Prior to starting work on any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationAlteration, Tenant shall discharge furnish to Landlord for review and approval (which approval shall not be unreasonably withheld, conditioned or delayed): plans and specifications; names of proposed contractors (provided that Landlord may designate specific contractors with respect to Project systems); copies of contracts; necessary permits and approvals; and evidence of contractors’ and subcontractors’ insurance which shall comply with the requirements regarding insurance imposed by this Lease. Changes to the plans and specifications must also be submitted to Landlord for its approval (which approval shall not be unreasonably withheld, conditioned or delayed). Landlord’s approval of an Alteration shall not be a representation by Landlord that the Alteration complies with applicable Laws or will be adequate for Tenant’s use. Alterations shall be constructed in a good and workmanlike manner in accordance with Laws and Regulations and insurance requirements and using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Project. Tenant shall reimburse Landlord for out-of-pocket sums paid by Landlord for third party examination of Tenant’s plans for Alterations. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alteration that is of a cosmetic nature such lien as painting and carpeting; or will not affect the systems or structure of the Project, including work to be performed inside the walls or above the ceiling of the Premises, as long as the cost thereof does not exceed $10,000.00 for each such Alteration (or petition) within collectively, “Permitted Alteration”). No later than thirty (30) days thereafterafter completion of the Alterations (except Permitted Alterations), at Tenant’s sole cost Tenant shall furnish stamped and expensepermitted “as-built” plans (hard copy and AutoCAD format), along with inspection card signed by the payment thereof or building department, completion affidavits, full and final (unconditional) waivers of liens, receipts and bills covering all labor and materials. With respect to all Alterations, Tenant shall (and shall cause its contractors to) comply with the “Tenant Interior Improvement Construction Rules and Regulations” handbook that has been provided to Tenant by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Lease Agreement (SMART Global Holdings, Inc.)

Alterations. Landlord is under no obligations to 8.1 Tenant shall not make any alterations, interior decorations, additions, improvements, demolitions improvements or other changes in or additions to the Leased PremisesPremises or attach any fixtures or equipment thereto, above ten thousand dollars ($10,000) in direct cost to Tenant, without the Landlord’s prior written approval, which approval shall not be unreasonably withheld, delayed or conditioned. All such alterations, interior decorations, improvements or additions made to the Leased Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord’s consent. So long as Tenant is not in default hereunder, Tenant shall have the rightright but, except as stated in the succeeding sentence, not the obligation to remove any of said alterations, interior decorations, improvements or additions caused to be made to the Leased Premises by Tenant, during and at the expiration of the Lease term or any renewal thereof, providing that Tenant repairs any damage caused to the Leased Premises by said removal. Landlord, by notice to Tenant in writing not more than thirty (30) days after the expiration of the Lease term, or any renewal term thereof, may request that Tenant remove any of said alterations, interior decorations, improvements or additions caused to be made to the Leased Premises by Tenant or any of the fixtures, furniture and equipment caused to be installed by Tenant and, if Landlord makes said request, Tenant shall, within thirty (30) days thereafter, remove such of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment as are stated in such request and repair any damage caused to the Leased Premises by said removal. In the event that Landlord requests such removal and Tenant fails to remove same and repair any damage caused thereby on or before said expiration date, Tenant agrees to reimburse and pay Landlord for the cost of removing same and repairing any damage to the Leased Premises caused by said removal. Notwithstanding anything contained in this Lease to the contrary, in no event shall Tenant be required to remove any improvements or alterations constructed as part of the initial build out of the Leased Premises, or which are installed by Landlord, or which are installed by Tenant but which have been approved by Landlord, with no condition at the time of approval at they ultimately be removed. All of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment remaining on the Leased Premises after said expiration date, or at such sooner termination date due to any default of Tenant, shall become the property of Landlord unless removed by Tenant in accordance with the foregoing provisions. 8.2 In doing any such work Tenant shall use due care to cause as little damage or injury as possible to the Leased Premises and the Building and to repair all damage or injury that may occur to the Leased Premises or the Building in connection with such work. Tenant agrees in doing any such work in or about the Leased Premises to use Tenant’s best efforts to engage only such labor as will not conflict with or cause strikes or other labor disturbances. Any contractors employed by Tenant shall be approved by Landlord and Landlord shall not unreasonably withhold its approval and consent, provided, however, that all such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at Tenant’s sole cost and expense, to make any reasonable alterationsall necessary permits, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, authorizations and (ii) when licenses required by any mortgagee, the written consent of any mortgagee maintaining an interest in various governmental authorities having jurisdiction over the Leased Premises. Any such alterations, decorations, improvements or additions to . 8.3 This Article VIII shall exclude the Leased Premises shall be made initial buildout work set forth in compliance with all local ordinances Article III and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordrelated Exhibits.

Appears in 1 contract

Sources: Lease (Precision Therapeutics Inc)

Alterations. Landlord is under no obligations to (a) Tenant shall not make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as or attach any fixtures or equipment thereto, without the Landlord's prior written approval, not to be unreasonably withheld. All alterations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense. Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition affix pictures and shelving to the Leased Premises walls without first obtaining Landlord's consent. (ib) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such All alterations, decorations, improvements or additions to the Leased Premises made by Tenant shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations deemed to have been attached to the Leased Premises shall and to have become the property of the Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, improvements or additions; provided, however, that Landlord may designate by written notice to Tenant at the time Tenant requests consent those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent properly remove the cost of repairing same and repair any damage to the Premises caused by such removal. If Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or for Tenant may be removed by Tenant at any lien time. (c) In performing such alterations, improvements or a petition to establish such lien) is filed additions, or in connection with any alterationthe removal thereof, Tenant shall discharge use due care to cause as little damage or injury as possible to the Premises and the Building and shall repair all damage or injury that may occur to the Premises or the Building as a result thereof. (d) ▇▇▇▇▇▇ agrees in doing any such lien work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the ​ ​ Development service employees of Landlord. Any contractors employed by Tenant shall be subject to Landlord's prior written approval, not to be unreasonably withheld. All such contractors shall be required to carry worker's compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. (or petitione) within thirty (30) days thereafterPrior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at Tenant’s ▇▇▇▇▇▇'s sole cost and expense, all necessary permits, authorizations and licenses required by the payment thereof or by various governmental authorities having jurisdiction over the filing of a bond acceptable to LandlordPremises.

Appears in 1 contract

Sources: Lab Lease Agreement (Cognition Therapeutics Inc)

Alterations. Landlord is under no obligations to 9.1 Tenant shall not make any alterations, decorationsadditions or improvements to the Premises (“Alterations”) without the prior written consent of Landlord, additions, improvements, demolitions which: (i) will affect the structure of the Building or the HVAC or other changes systems serving the Premises or the Building; or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; or (iii) will cost in excess of Twenty Thousand Dollars ($20,000.00). Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord’s consent to any Alterations if the desired Alterations require Landlord’s consent hereunder. Subsequent to obtaining Landlord’s consent and prior 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 reimburse Landlord within ten (10) days after the rendition of a ▇▇▇▇ for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all reasonable management, engineering, outside consulting, and construction fees actually 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. Except as otherwise agreed by Landlord and Tenant, all Alterations and fixtures (other than movable trade fixtures) which may be made or installed by either party upon the Premises shall remain upon and be surrendered with the Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal at the time that Landlord provides consent thereto, in which event Tenant shall remove the same and restore the affected area of the Premises to their original condition at Tenant’s expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Notwithstanding anything to the contrary in this Section 9.1, Landlord and Tenant hereby agree that the following fixtures shall be removed by Tenant at the expiration or earlier termination of the Lease and shall not become the property of Landlord: public restroom toilets, sinks, mirrors, and other fixtures; architectural “character” lighting instruments; bar structures and back-bar shelving; lighted exit signage; and interior doors except for those installed by Landlord as part of Landlord’s “core and shell work” as specified in Exhibit B hereunder. Tenant shall repair any damage caused by the removal of such fixtures. 9.2 All construction work done by Tenant within the Premises, including without limitation Tenant’s Work referred to in Exhibit B, shall be performed in a good and workmanlike manner, in compliance with all Laws, and the requirements of any contract or deed of trust to which Landlord may be a party and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Building. Tenant agrees to indemnify, defend and hold Landlord, its affiliates, parent, advisors, mortgagees, property manager, and their respective members, principals, beneficiaries, partners, officers, directors, shareholders, employees, and agents (collectively, “Landlord’s Indemnitees”) harmless from and against any loss, liability or damage incurred by Landlord’s Indemnitees which directly results from such work, and prior to commencement of any such work Tenant shall, if requested by Landlord, furnish 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 the Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. 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 Building 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. 9.3 Tenant agrees that all venting, opening, sealing, waterproofing or any altering of the roof by Tenant in connection with Tenant’s Work or any Alterations performed by Tenant shall be performed by Landlord’s roofing contractor at Tenant’s expense and that when completed Tenant shall furnish to Landlord a certificate from Landlord’s roofing contractor that all such alterations approved by Landlord have been completed in accordance with the plans and specifications therefor approved by Landlord. Tenant agrees that all Alterations, repairs or other work performed upon the Premises under any provision of this Lease shall be performed under the direction of a general contractor selected from an Approved Contractor List to be furnished by Landlord. Tenant further agrees that plans and drawings for installation or revision of mechanical, electrical or plumbing systems shall be designed by an engineer selected from an Approved Engineers List to be furnished by Landlord, such design work to be done at Tenant’s expense. 9.4 Tenant acknowledges that it will be wholly responsible for any accommodations or alterations which need to be made to the Premises to accommodate disabled employees and customers of Tenant, including without limitation, the requirements under the Americans with Disabilities Act (the “ADA”). Any Alterations made to the Premises in order to comply with any such Law must be made solely at Tenant's expense and in compliance with all terms and requirements of the Lease. Landlord shall ensure that the Common Area and the path-of-travel to the Premises is in compliance with the applicable disability access laws as of the date hereof. If a complaint is received by Landlord from either a private or government complainant regarding disability access to the Common Area of the Building, Landlord reserves the right to mediate, contest, comply with or otherwise respond to such complaint as Landlord deems to be reasonably prudent under the circumstances. If Landlord must make alterations to the Common Area of the Building in response to legal requirements which are applicable to the Common Area of the Building, the cost of such alterations shall be included in the Common Area Cost under the Lease. Tenant agrees to provide Landlord with written notice should Tenant become aware of a violation of such Laws with respect to the Common Area. In the event Landlord is required to take action to effectuate compliance with such Laws, subject to Section 10.1 below, Landlord shall have a reasonable period of time to make the improvements and alterations necessary to effectuate such compliance, which period of time shall be extended by any time necessary to cause any necessary improvements and alterations to be made. 9.5 Tenant shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord or Tenant in the Premises or to charge the Leased Premisesrentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will indemnify, defend and hold Landlord and Landlord’s Indemnitees harmless from and against any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises or under the terms of this Lease, and shall discharge any such lien within ten (10) days after same is filed, failing which Landlord shall have the right, but no obligation, in addition to all other remedies, to discharge such lien at Tenant’s sole cost and expense, and Landlord’s cost thereof plus interest thereon at the Default Rate shall be reimbursed by Tenant upon demand as additional Rent hereunder. Landlord and Tenant acknowledge and agree that their relationship is and shall be solely that of “landlord-tenant” (thereby excluding a relationship of “owner-contractor”, “owner-agent” or other similar relationships). 9.6 Landlord reserves the right to make any reasonable alterationsfurther develop or alter the Building; provided, decorationshowever, improvements that Landlord agrees that no such development or additions alteration of the Building shall unreasonably or materially decrease Tenant’s rights or privileges contained in this Lease. Subject to the Leased Premises as Section 10.1 below, Landlord will endeavor to minimize disruptions to Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest Tenant’s business in the Leased Premises. Any Premises in construction with such alterations, decorations, improvements development or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or Notwithstanding anything to the Leased Premises. Tenant shall have contrary contained in the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERLease, Tenant shall not undertake be required to furnish any material alterationsecurity or make other arrangements to assure the payment of Alterations; provided, decorationhowever, installation or addition that Tenant shall continue to be required to complete all such Alterations free and clear of liens. Notwithstanding anything to the Leased contrary contained in the Lease, Tenant shall not be required to remove any Alterations or improvements existing in the Premises without first obtaining (i) as of the written consent date of this Seventh Amendment, any future office Alterations or improvements to the Premises, or any laboratory Alterations and improvements to the Premises that will be useable by future laboratory tenants of the Premises, as reasonably determined by Landlord, and at the expiration or earlier termination of the Term nor shall Tenant have the right to remove such Alterations at any time (ii) when required except as may otherwise be permitted under the Lease). Landlord shall, if requested by any mortgagee, Tenant in writing at the written consent time Landlord’s approval of any mortgagee maintaining an interest such Alteration or improvements is requested notify Tenant whether Landlord requires that Tenant remove such Alteration or improvement upon the expiration or earlier termination of the Term. Tenant hereby discloses to Landlord that Tenant plans to install and/or construct in the Leased Premises (although Tenant shall have no obligation to install or construct in the Premises) certain improvements including, without limitation the following items: security systems, kitchen and cafeteria facilities consistent with a first class office use, data cabling, lobby modifications in the 780 Building, restrooms, a fitness facility, and utilities consistent with first class office and laboratory use (collectively, “Planned Improvements”). Any such alterations, decorations, improvements or additions to Landlord and Tenant acknowledge and agree that the Leased Premises Planned Improvements shall be made designed and constructed as Seventh Amendment Alterations in compliance accordance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property Section 12 of the Lease and Section 7 of this Seventh Amendment. Landlord upon agrees to reasonably cooperate with Tenant, at no cost to Landlord, in connection with Tenant’s efforts to obtain utility easements reasonably required in connection with Tenant’s installation of utilities as part of the Planned Improvements. Tenant shall not be required to remove any Planned Improvements actually installed or constructed by Tenant at the expiration or earlier termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all the Term nor shall Tenant have any right to remove any of which may be removed the Planned Improvements actually installed or constructed by Tenant. Landlord may, nonetheless, require Tenant Exhibit G to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed the Lease is hereby amended to include the items set forth on Leased Premises and thereafter Exhibit D attached to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordthis Seventh Amendment.

Appears in 1 contract

Sources: Lease Agreement (Infinity Pharmaceuticals, Inc.)

Alterations. Landlord is under no obligations to 11.1 Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements to the Leased Demised premises (collectively, the "Alterations") without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Demised Premises. Tenant shall have furnish complete plans and specifications to Landlord at the righttime it requests Landlord's consent to any Alterations if the desired Alterations (i) will affect the Industrial Complex's mechanical, electrical, plumbing or life safety systems or services, or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iii) will cost in excess of five thousand Dollars ($5,000.). Subsequent to obtaining Landlord's consent and prior 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 reimburse Landlord within ten (10) days after the rendition of a ▇▇▇▇ for all of Landlord's actual reasonable out-of-pocket costs incurred in connection with any Alterations, including, without limitation, 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. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s 's sole cost and expense, to make any reasonable alterations, decorations, improvements expense by a contractor approved in writing by Landlord which approval shall not be unreasonably withheld or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, delayed. Tenant shall not undertake any material require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Any construction, alteration, decorationmaintenance, installation repair, replacement, installation, removal or addition to decoration undertaken by Tenant in connection with the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises Demised Premise shall be made completed in compliance accordance with all local ordinances plans and public authorities having jurisdiction thereof and specifications which must be approved by Landlord which approval shall not be unreasonably withheld or delayed, shall be carried out in a good, workmanlike and first class mannerprompt manner and in accordance with the provisions of Exhibit "D" annexed hereto, ----------- shall comply with all applicable Regulations of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and all other applicable Regulations. Without Landlord's prior written consent which approval shall not be unreasonably withheld or delayed, Tenant shall not use any * portion of the Common Areas either within or without the Industrial Complex 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 Industrial Complex in order to comply with any applicable Regulations, and Landlord has so notified Tenant prior to Tenant's undertaking of such alterations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any and all alterations to the Leased Premises Alterations made by Tenant shall become the property of the Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this Leaselease, except for detachable and movable equipment, furniture and trade fixtures owned Tenant shall upon demand by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to removeLandlord, at Tenant’s 's sole cost and expense, forthwith and with all due diligence remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed _______________ and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. 11.2 All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner with new materials of first- class quality, lien-free and in compliance with all governmental requirements and Regulations, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Industrial Complex. Tenant agrees to Indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work. 11.3 In the event Tenant uses a general contractor to perform construction with within the Demised Premises, Tenant shall during or after completion of such work, require said general contractor to execute and deliver to Landlord a waiver and release of any and all fixturesclaims against Landlord and liens against the Industrial Complex to which such contractor might at any time be entitled. 11.4 Nothing contained in this lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to any portion of the Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Tenant and any subtenants shall have no power to do any act or make and contract which may create or be the foundation of any lien, mortgage or other improvements installed on Leased Premises and thereafter to restore encumbrance upon the Leased reversionary or other estate of Landlord, or any interest of Landlord in the Demised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT OR TO ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF, AND THAT NO MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE DEMISED PREMISES. 11.5 In the event that Landlord so elects, and Tenant fails elects to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent remodel all or any portion of the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationIndustrial Complex, Tenant shall discharge will cooperate with such lien remodeling, including Tenant's tolerating temporary inconveniences (or petition) within thirty (30) days thereafterand even the temporary removal of Tenant's signs in order to facilitate such remodeling, at Tenant’s sole cost and expense, by as it may relate to the payment thereof or by exterior of the filing of a bond acceptable to LandlordDemised Premises).

Appears in 1 contract

Sources: Industrial Complex Lease (Pilot Network Services Inc)

Alterations. 10.1 Tenant shall not at any time during the Term make any alterations to the Premises without first obtaining Landlord's written consent thereto, which consent Landlord is under no obligations shall not reasonably withhold or delay; provided, however, that Landlord shall not be deemed unreasonable by refusing to consent to any alterations which are visible from the exterior of the Building or the Project, which will or are likely to cause any weakening of any part of the structure of the Premises, the Building or the Project or which will or are likely to cause damage or disruption to the Central Systems or which are prohibited by any underlying ground lease or mortgage. Notwithstanding the foregoing, Landlord's prior approval will not be required for any cosmetic, alterations to the interior of the Premises which are not visible from the exterior of the Premises which are either cosmetic in nature (such as floor or wall coverings) or are nonstructural in nature and do not affect any Central Systems and cost less than Five Thousand Dollars ($5,000), provided Landlord receives prior notice thereof and the other conditions set forth in this Article X are satisfied. Should Tenant desire to make any alterations to the Premises, Tenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord's review before Tenant allows any such work to commence, and Landlord shall promptly approve or disapprove such plans and specifications for any of the reasons set forth in this Section 10.1 or for any other reason reasonably deemed sufficient by Landlord. Tenant shall select and use only contractors, subcontractors or other repair personnel from those listed on Landlord's approved list maintained by Landlord in the Project management office. Upon Tenant's receipt of written approval from Landlord, and upon Tenant's payment to Landlord of a reasonable fee prescribed by Landlord for the work of Landlord and Landlord's employees and representatives in reviewing and approving such plans and specifications, Tenant shall have the right to proceed with the construction of all approved alterations, decorationsbut only so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations shall be made at Tenant's sole cost and expense, additionseither by Tenant's contractors or, improvementsat Tenant's option, demolitions by Landlord on terms reasonably satisfactory to Tenant, including a fee of ten percent (10%) of the actual costs of such work to cover Landlord's overhead and a fee for Landlord's agent or manager in supervising and coordinating such work. In no event, however, shall anyone other than Landlord or Landlord's employees or representatives perform work to be done which affects the Central Systems. 10.2 All construction, alterations and repair work done by or for Tenant shall (a) be performed in such a manner as to maintain harmonious labor relations; (b) not adversely affect the safety of the Project, the Building or the Premises or the systems thereof and not affect the Central Systems; (c) comply with all building, safety, fire, plumbing, electrical, and other codes and governmental and insurance requirements; (d) not result in any usage in excess of Building Standard of water; electricity, gas, or other changes utilities or of heating, ventilating or air-conditioning (either during or after such work) unless prior written arrangements satisfactory to Landlord are made with respect thereto; (e) be completed promptly and in a good and workmanlike manner and in compliance with all rules and regulations promulgated by Landlord; and (f) not disturb Landlord or other tenants in the Building. After completion of any alterations to the Leased Premises, Tenant will deliver to Landlord a copy of "as built" plans and specifications depicting and describing such alterations. 10.3 All Leasehold Improvements, alterations and other physical additions made to or installed by or for Tenant in the Premises shall be and remain Landlord's property (except for Tenant's furniture, personal property and movable trade fixtures) and shall not be removed without Landlord's written consent; provided, however, Landlord may, by notice to Tenant given concurrently with Landlord's approval of any alterations or physical additions made to the Premises after the Commencement Date, elect to require Tenant to remove same upon the expiration or earlier termination of the Term of this Lease. Tenant agrees to remove, at its sole cost and expense, all of Tenant's furniture, personal property and movable trade fixtures, and, if directed to or permitted to do so by Landlord in writing, all, or any part of, the alterations and other physical additions made by Tenant to the Premises, on or before the Expiration Date or any earlier date of termination of this Lease. Tenant shall repair, or promptly reimburse Landlord for the cost of repairing, all damage done to the Premises or the Building by such removal. Any alterations or physical additions made by Tenant which Landlord does not direct or permit Tenant to remove at any time during or at the end of the Term shall become the property of Landlord at the end of the Term without any payment to Tenant. Landlord reserves the right to require Tenant to remove any alterations or physical additions made by Tenant to which Landlord did not expressly consent. If Tenant fails to remove any of Tenant's furniture, personal property or movable trade fixtures by the Expiration Date or any sooner date of termination of the Lease or, if Tenant fails to remove any alterations and other physical additions made by Tenant to the Premises which Landlord has in writing directed Tenant to remove, Landlord shall have the right, at Tenant’s sole cost on the fifth (5th) day after Landlord's delivery of written notice to Tenant to deem such property abandoned by Tenant and expenseto remove, to make any store, sell, discard or otherwise deal with or dispose of such abandoned property in a commercially reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, manner. Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent be liable for all costs of Landlordsuch disposition of Tenant's abandoned property, and (ii) when required by Landlord shall have no liability to Tenant in any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any respect regarding such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of Tenant. The provisions of this Section 10.3 shall survive the Landlord upon expiration or any earlier termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Assignment and Assumption Agreement (BofI Holding, Inc.)

Alterations. Landlord is under no obligations to Tenant shall not, at any time during the Term, make any alterations, decorations, additions, improvements, demolitions penetrations of or any material alterations to the Buildings to the extent such proposed penetrations or material alterations affect the roofs or other changes in structural elements of the Buildings or to the Leased Premisesmechanical systems therein, without Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed (so long as such proposed work will not void any unexpired warranties). Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable All alterations, decorations, improvements or additions made to the Leased Buildings or any other portion of the Premises as Tenant may desireor the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense. Landlord, PROVIDEDat no cost to it, HOWEVERshall cooperate with Tenant's efforts to obtain any permits or certificates from governmental authorities (or private approvals) required or desirable in connection with the making of any changes, alterations and improvements to the Premises. Tenant shall not undertake reimburse Landlord for its out-of-pocket expenses incurred to third party professionals for the review of plans and specifications for any material alteration, decoration, installation or addition alterations sought to be made by Tenant requiring Landlord's approval hereunder and for the Leased Premises without first obtaining (i) the written consent supervising of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations. All alterations, decorationsimprovements, improvements additions or additions to fixtures, whether installed before or after execution of this Lease, shall remain at the Leased Premises shall be made in compliance with all local ordinances at the expiration or sooner termination of this Lease and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of Landlord, unless Landlord shall, at the Landlord upon termination time of this Leaseproviding consent with respect to such alteration, except for detachable and movable equipmentimprovement, furniture and trade fixtures owned by Tenantaddition or fixture, all of which may be removed by Tenant. Landlord may, nonetheless, require have given written notice to Tenant to remove, at Tenant’s cost remove same and expense, repair any and all fixtures, equipment and other improvements installed damage caused thereby on Leased Premises and thereafter to restore the Leased Premisesor before said Termination Date. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and If Tenant shall pay fail to so remove same and repair such damage by no later than the Termination Date, Tenant shall reimburse Landlord on immediately upon demand as Additional Rent for the cost of removing same and repairing any damage to the Premises caused by such said removal. If In doing any lien (such work of installation, removal, alteration or a petition relocation, Tenant shall use due care to establish such lien) is filed cause as little damage or injury as possible to the Premises and to repair all damage or injury that may occur to the Premises in connection with such work. Any contractors employed by Tenant for any alterationwork at the Premises must be properly licensed and approved in writing in advance by Landlord and shall carry ▇▇▇▇▇▇▇'▇ compensation insurance, Tenant shall discharge such lien (or petition) within thirty (30) days thereafterpublic liability insurance and property damage insurance in amounts, at Tenant’s sole cost form and expense, by the payment thereof or by the filing of a bond acceptable content and with companies reasonably satisfactory to Landlord.

Appears in 1 contract

Sources: Commercial Lease (Neogenomics Inc)

Alterations. Landlord is under no obligations Except for Non-Material Alterations (as defined herein), Lessee shall provide Lessor with thirty (30) days advance written notice providing Lessor with copies of plans and specifications for such alterations and names of the contractors Lessee intends to use, however, Lessor reserves the right to change, in its commercially reasonable discretion, the Contractor to be used to make the alterations. Notwithstanding anything to the contrary contained herein, Lessee shall have the right to make alterations or physical additions to the Leased Premises that (i) are non-structural and do not materially adversely affect any alterationsBuilding systems (i.e. HVAC, decorations, additions, sprinkler main or riser systems) or improvements, demolitions (ii) are not visible from the exterior of the Leased Premises, and (iii) the cost of which does not exceed $20,000, ("Non-Material Alterations") without the need for Lessor's prior consent. Prior to commencement of construction of the alterations (other than Non-Material Alterations), Lessee shall deliver to Lessor a building permit, copy of the executed construction contract, evidence of contractor and subcontractor’s insurance for such period and in such amounts as Lessor reasonably requires. Lessee shall pay to Lessor upon demand a review fee in the amount of Lessor’s actual costs incurred to compensate Lessor for the cost of review and approval of the plans and specifications and for additional administrative costs incurred in monitoring the construction of the alterations (other than Non-Material Alterations). Lessee shall deliver to Lessor a copy of the “as-built” plans and specifications for all alterations or other changes physical additions so made in or to the Leased PremisesPremises (other than Non-Material Alterations), and shall reimburse Lessor for the commercially reasonable cost incurred by Lessor to update its current architectural plans for the Building. Tenant Lessee shall have indemnify, defend (with counsel reasonably acceptable to Lessor) and hold harmless the rightLessor from and against all costs (including attorneys’ fees and costs of suit), at Tenant’s sole cost and expenselosses, liabilities, or causes of action arising out of or relating to make any reasonable alterations, decorations, additions or improvements or additions made by Lessee to the Leased Premises as Tenant may desirePremises, PROVIDED, HOWEVER, Tenant including but not limited to any mechanics’ or materialmen’s liens asserted in connection therewith. Lessee shall not undertake be deemed to be the agent or representative of Lessor in making any material alterationsuch alterations, decoration, installation physical additions or addition improvements to the Leased Premises without first obtaining (i) the written consent of LandlordPremises, and (ii) when required by shall have no right, power or authority to encumber any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased PremisesComplex in connection therewith other than Lessee’s leasehold estate under this Lease Agreement. Any However, should any mechanics’ or other liens be filed against any portion of the Complex or any interest therein (other than Lessee’s leasehold estate hereunder) by reason of Lessee’s acts or omissions or because of a claim against Lessee or its contractors, Lessee shall cause the same to be canceled or discharged of record by bond or otherwise within ten (10) business days after notice by Lessor. If Lessee shall fail to cancel or discharge said lien or liens, within said ten (10) business day period, which failure shall be deemed to be a default hereunder, Lessor may, at its sole option and in addition to any other remedy of Lessor hereunder, cancel or discharge the same and upon Lessor’s demand, Lessee shall promptly reimburse Lessor for all reasonable costs incurred in canceling or discharging such lien or liens. Lessee shall cause all alterations, decorationsphysical additions, and improvements (including fixtures), constructed or additions to installed in the Leased Premises shall be made in compliance by or on behalf of Lessee to comply with all local ordinances applicable governmental codes, ordinances, rules, regulations and public authorities having jurisdiction thereof laws. Lessee acknowledges and in a good, workmanlike agrees that neither Lessor’s review and first class manner. Any approval of Lessee’s plans and all alterations to the Leased Premises shall become the property specifications nor its observation or supervision of the Landlord upon termination of this Leaseconstruction or installation thereof shall constitute any warranty or agreement by Lessor that same comply with such codes, except for detachable ordinances, rules, regulations and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordlaws.

Appears in 1 contract

Sources: Lease Agreement (Bio-Path Holdings Inc)

Alterations. Landlord is under no obligations to (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 alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements structural alterations or additions to the Leased Premises as Tenant may desireDemised Premises, PROVIDEDor (iii) make any changes, HOWEVERmodifications or additions that would have a material adverse effect on any Building system or (iv) which costs, Tenant shall not undertake together with any material alterationother alterations or additions or modifications reasonably included within the same scope of work, decorationmore than $50,000, installation or addition to without in each case the Leased Premises without first obtaining (i) 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. (iib) when required by Tenant shall have the right to make any mortgageeother 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 any mortgagee maintaining an interest in the Leased alterations, additions or improvements to the Premises. Any , Tenant retains the right during the Term to depreciate all such alterations, decorationsadditions or improvements made at Tenant’s expense. (d) Tenant, improvements 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 does not affect Tenant’s rights hereunder other than to a de minimis extent. Tenant shall not proceed with any Alteration for which plans or additions 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 Leased Premises 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 made 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 same time. (f) Tenant shall obtain (and furnish copies to Landlord of) all necessary governmental permits and certificates for the commencement and prosecution of Alterations and for final approval thereof upon completion, and shall cause Alterations to be performed in compliance therewith, and in compliance with all local ordinances Laws and, with the plans and public authorities having jurisdiction thereof 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 goodgood and worker-like manner, workmanlike using materials and equipment at least equal in quality and class to those in the Occupied Premises as of the completion of Initial Tenant Work. All Alterations for which Landlord’s approval is necessary shall be performed by properly licensed architects, engineers and contractors first class mannerapproved 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. Any A list of architects, engineers and all alterations contractors that are pre-approved by Landlord is attached hereto as Exhibit I. (g) Throughout the performance of Alterations, Tenant shall carry worker’s compensation insurance or a self-insurance program permitted by law, subject to the Leased Premises shall become requirements under Section 7.04, in statutory limits, “all risk” Builders Risk coverage [in the property 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 limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. 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 mechanics’ or other liens be filed against any portion of the Project by reason of the acts or omissions of, or because of a claim against, Tenant or anyone claiming under or through Tenant, Tenant shall cause the same to be canceled or record a bond in compliance with the 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 termination Landlord’s demand, Tenant shall reimburse Landlord for all costs incurred in canceling or discharging such liens, together with interest thereon at the Interest Rate from the date incurred by Landlord to the date of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned payment by Tenant, all of which may such reimbursement to be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) made within thirty (30) days thereafter, at Tenant’s sole cost and expense, Business Days after receipt by the payment thereof or by the filing Tenant of a bond acceptable written statement from Landlord as to the amount of such costs. Tenant shall indemnify and hold Landlord harmless from and against all costs (including, without limitation, attorneys’ fees and disbursements and costs of suit), losses, liabilities or causes of action arising out of or relating to any 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 other records customarily maintained in the real estate business relating to Alterations and the cost thereof and shall, within 30 days after demand by Landlord, furnish to Landlord copies of such records.

Appears in 1 contract

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

Alterations. Landlord is under no obligations to 10.1 Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes improvements in or to the Leased Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent. Notwithstanding the preceding sentence, Tenant may make such alterations, additions or improvements without Landlord's consent only if the total cost of such alterations, additions or improvements is twenty-five thousand dollars ($25,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or the mechanical, electrical, plumbing or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. All alterations, additions and improvements in or to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tena▇▇. ▇▇ch plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s) approved in 18 writing by Landlord, shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect any systems, components or elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall notify Landlord in writing of the licenses architect(s) and engineer(s) whom Tena▇▇ ▇▇▇poses to engage to prepare such plans and specifications. Landlord shall notify Tenant in writing, within ten (10) days after receipt of Tena▇▇'▇ ▇otice, whether Landlord approves or disapproves such architect(s) and engineer(s). (b) Landlord shall notify Tenant promptly in writing whether Landlord approves or disapproves such plans and specifications and, if Landlord disapproves such plans and specifications, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval. Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications. (c) All changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in such approved plans and specifications, Tenant shall have Tenant's architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves or disapproves such change and, if Landlord disapproves such change, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord. (d) Tenant shall, through Tenant's licensed contractor(s), perform all work in accordance with the plans and specifications approved by Landlord. Tenant shall pay for all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions and improvements. Tenant shall engage responsible licensed contractor(s) approved in writing by Landlord to perform all work. Tenant shall notify Landlord in writing of the licensed contractor(s) whom Tena▇▇ ▇▇▇poses to engage for the work. Landlord shall notify Tenant promptly in writing whether Landlord approves or disapproves such contractor(s). Tenant shall pay to Landlord any additional direct costs (beyond the normal services provided to Tenant) and shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with the review, approval and supervision of any alterations, additions or improvements made by Tena▇▇. ▇▇der no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expenses incurred by Tenant on account of Tena▇▇'▇ ▇lans and specifications, Tena▇▇'▇ ▇ontractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. (e) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least five (5) days prior to such date. Tenant shall cause all work to be performed by the licensed contractor(s) approved in writing by Landlord in accordance with the plans and specifications approved writing by Landlord and in 19 full compliance with all applicable codes, laws, ordinances, rules and regulations, including the Americans with Disabilities Act and similar laws. Tenant shall keep the Premises free from mechanics', materialmen's and other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tena▇▇. ▇▇nant shall promptly and fully pay and discharge all claims on which any such lien could be based. Tenant shall have the right to contest the amount or validity of any such lien, provided Tena▇▇ ▇▇▇es prior written notice of such contest to Landlord, prosecutes such contest by appropriate proceedings in good faith and with diligence, and, upon request by Land▇▇▇▇, ▇▇rnishes such bond as may be required by law to protect the Premises from such lien. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord, the Premises from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. (f) While Land▇▇▇▇ ▇▇▇ the right to approve Tenant's alterations, additions or improvements, Land▇▇▇▇'▇ ▇ole interest in doing so is to protect the Building and Landlord's interests. Accordingly, Tenant shall not rely upon Landlord's approvals and Landlord shall not be the guarantor of, nor responsible for, the correctness or accuracy of any such alterations, additions or improvements or the compliance thereof with applicable laws, and Landlord shall incur no liability of any kind by reason of granting such approvals. 10.2 All Alterations, additions, trade fixtures and improvements, which are permanent in character, made in or to the Premises by Landlord or Tenant, shall become part of the Building or parking garage as the case may be, and Land▇▇▇▇'▇ ▇roperty. Landlord shall have the right, at Tenant’s sole cost and expenseLandlord's option, by giving written notice to make Tenant at the time Tenant installs any reasonable alterationssuch items, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) to retain all such alterations, additions, fixtures and improvements in the written consent of LandlordPremises, and without compensation to Tenant, or (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any to require that Tenant remove all such alterations, decorationsadditions, fixtures and improvements or additions to from the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable at Tenant's sole expense, repair all damage caused by any such removal, and restore the Premises to the condition in which the Premises existed before such alterations, additions, fixtures and improvements were made. All movable furniture, equipment, furniture trade fixtures, computers, office machines and trade fixtures owned by Tenant, all other personal property shall remain the property of which may be removed by Tenant. Landlord mayUpon termination of this Lease, nonetheless, require Tenant to removeshall, at Tenant’s cost and 's expense, any and remove all such movable furniture, equipment, trade fixtures, equipment computers, office machines and other improvements installed on Leased personal property from the Premises and thereafter repair all damage caused by any such removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails this section 10.2 to remove be performed after such improvements, Landlord may remove such improvements at Tenant’s cost, and termination. 10.3 Tenant shall pay Landlord on demand as Additional Rent a construction management fee equal to Landlord's actual cost not to exceed two percent (2%) of the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed hard construction costs in connection with any alterationalterations, additions or improvements made to the Premises other than the initial Tenant shall discharge such lien (Improvements and any alterations, additions or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to improvements for which Landlord's consent is not required as provided in section 10.1.

Appears in 1 contract

Sources: Industrial Lease (Williams Sonoma Inc)

Alterations. Except for cosmetic alterations and projects that do not exceed $150,000.00 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 is under but not Landlord’s consent), Tenant shall make no obligations to make any alterations, additions, decorations, additions, improvements, demolitions or other changes in or improvements (collectively referred to as “Alterations”) to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld 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 utilize only Landlord’s building standard materials (ii) when “Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required by any mortgageepermits for the Alterations and shall perform the work in compliance with all applicable laws, the written consent of any mortgagee maintaining an interest regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the Leased Premises. amount of 5% of the cost of the Alterations Any such alterations, decorations, improvements or additions to the Leased Premises request for Landlord’s consent shall be made in compliance writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of the 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 all local ordinances as-built drawings and public authorities having jurisdiction thereof and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a goodgood and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, workmanlike and first class manner. Any and all alterations Alterations affixed to the Leased Premises Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord upon may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, except for detachable all or any Alterations (including without limitation all telephone and movable equipment, furniture and trade fixtures owned data cabling) installed either by Tenant, all of which may be removed Tenant or by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost request (collectively, the “Required Removables”), and expenseto replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any and all fixturesportion thereof, equipment and other improvements installed on Leased Premises and thereafter is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to restore which portions of the Leased Premisessubject Alterations are Required Removables. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationits removal of Required Removables, Tenant shall discharge such lien (or petition) within thirty (30) days thereafterrepair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, at Tenant’s sole cost reasonable wear and expense, by the payment thereof or by the filing of a bond acceptable to Landlordtear excepted.

Appears in 1 contract

Sources: Lease Agreement (Wm Technology, Inc.)

Alterations. Landlord is under no obligations 9.1 Sublandlord hereby approves the plans for alterations attached hereto as Exhibit F and agrees to use commercially reasonable efforts to obtain Master Landlord’s consent thereto. Otherwise, during the Term Subtenant shall not make any alterations, decorations, additions, improvements, demolitions other alterations or other changes improvements in or additions or improvements to the Leased PremisesPremises (“Alterations”) if to do so would constitute a default under the Master Lease (without regard to any requirement of notice or cure period). Tenant Sublandlord’s consent to such Alterations shall have not be withheld if Master Landlord consents to such Alterations. Sublandlord shall use reasonable efforts to obtain the rightconsent of Master Landlord. If Alterations by Subtenant are consented to, Subtenant shall comply with all of the covenants of Sublandlord contained in the Master Lease pertaining to the performance of such Alterations. In addition, Subtenant shall indemnify, defend and hold harmless Sublandlord against liability, loss, cost, damage, liens and expense imposed on Sublandlord arising out of the performance of Alterations by Subtenant and/or failure to remove the same at Tenantthe end of the Term if Sublandlord is required to surrender the Premises to Master Landlord with all such alterations removed and the Premises restored to the condition as of the date of mutual execution of this Sublease. 9.2 Any consented to or actual Alterations shall be made at Subtenant’s sole cost and expense, including any cost to make comply with applicable laws and regulations and any reasonable alterations, decorations, improvements management or additions supervision fee charged by Master Landlord and shall if Master Landlord at the time of consent does not indicate otherwise in writing to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, Sublandlord and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may Subtenant be removed by Tenant. Landlord may, nonetheless, require Tenant Subtenant prior to remove, the end of the Term at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at TenantSubtenant’s sole cost and expense. The cost of such removal shall be paid by Subtenant, including restoration of the Premises to the condition as of the date of mutual execution of this Sublease and damage due to any part thereof occasioned by the payment thereof or by the filing of a bond acceptable to Landlordsuch removal.

Appears in 1 contract

Sources: Sublease (Conceptus Inc)

Alterations. Landlord is under no obligations to (a) Tenant shall not make any alterations, decorationsinstallations, additionschanges, improvementsreplacements, demolitions additions or other changes improvements (structural or otherwise) in or to the Leased Premises. Tenant shall have Demised Premises or any part thereof without the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, and . (iib) when required by any mortgagee, The Tenant shall provide the written consent Landlord in timely manner with complete working drawings of any mortgagee maintaining an interest in improvements or alterations within the Leased PremisesDemised Premises approved by the Tenant. Any such improvements or alterations shall be constructed in a reasonable period of time after receipt of such working drawings by the Landlord at the expense of Tenant, unless the Landlord expressly waives its right to perform such construction. Any revision or modification to the approved drawings after commencement of construction shall be grounds for a reasonable extension of the period of construction within the Demised Premises. In the event that the Tenant shall fail to provide drawings which it has approved in sufficient time to permit completion of construction within the Demised Premises prior to the lease commencement date, the lease commencement date shall not be extended, and Tenant shall take possession of the Demised Premises and commence rental payments as otherwise provided herein, without abatement of any kind, even though construction may not be complete, nor an occupancy permit issued. (c) It is expressly understood that all alterations, decorationsinstallations, improvements or additions to improvements, including wall-to-wall carpet, upon or within the Leased Demised Premises (whether with or without the Landlord's consent), shall remain upon the Demised Premises and shall be made in compliance surrendered with all local ordinances and public authorities having jurisdiction thereof and in a goodthe Demised Premises at the expiration of the Lease without disturbance, workmanlike and first class manner. Any and all alterations to molestation or injury, or, at the Leased Premises shall become the property election of the Landlord shall be removed by the Tenant at its cost prior to the date of lease termination. Should Landlord elect that alterations, installations, changes, replacements, additions to or improvements made by Tenant without the Landlord's consent upon the Demised Premises be removed upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may Tenant hereby agrees to cause the same to be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s 's sole cost and expenseexpense and to restore the Demised Premises to its original condition and should Tenant fail to remove the same, then and in such event Landlord may cause same to be removed at Tenant's expense and Tenant hereby agrees to reimburse Landlord for the cost of such removal together with any and all fixturesdamages which Landlord may suffer and sustain by reason of the failure of the Tenant to remove the same, equipment which cost and other improvements installed on Leased Premises and thereafter damages shall be deemed to restore the Leased Premises. be Additional Rent. (d) In the event that Landlord so electsshall permit the Tenant to make any alterations, said alterations shall be performed in a good and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. workmanlike manner in accordance with all applicable legal requirements. (e) If any mechanic's lien (or a petition to establish such lien) is filed in connection with any alterationagainst the Demised Premises or the Property for work or material claimed to have been done for, or furnished to, Tenant, such mechanic's lien shall be discharged by Tenant shall discharge such lien within ten (or petition) within thirty (3010) days thereafter, at Tenant’s 's sole cost and expense, expense by the payment thereof or posting such bond or paying such amount as will effect a release of such lien. If Tenant shall fail to discharge or obtain the release of any such mechanic's lien, Landlord may, at its option, discharge or release the same and treat the cost thereof as Additional Rent payable with the monthly installment of Rent next becoming due; and such discharge or release by Landlord shall not be deemed to waive the filing default of a bond acceptable Tenant in not discharging or releasing the same. Tenant shall indemnify and hold Landlord and the holders of any mortgages or deeds of trust on the Property harmless from and against any and all expenses, liens, claims or damages to Landlordperson or property which may or might arise by reason of the making of any alterations.

Appears in 1 contract

Sources: Lease Agreement (CVC Inc)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions Tenant shall not permit structural or other changes non-structural alterations or additions in or to the Leased PremisesPremises unless and until the plans have been approved by Landlord in writing, which approval shall not be unreasonably withheld or delayed. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations or improvements, except movable office furniture, the card room air conditioner and equipment and trade fixtures, shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall have agrees to remove the right, at card room structure and return it to warehouse space upon the expiration or early termination of this Lease. If Landlord consents to Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements 's performance of alterations or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERPremises, Tenant shall not undertake ensure that all alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material alteration, decoration, installation or addition furnished to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent or for or on account of any mortgagee maintaining an interest matter or thing whatsoever; and nothing in the Leased Premises. Any such alterations, decorations, improvements or additions this Lease contained shall be construed to constitute a consent by Landlord to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property creation of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removallien. If any lien (or a petition to establish such lien) is filed in connection with any alterationagainst the Leased Premises for work claimed to have been done for, or material claimed to have been furnished to, Tenant, Tenant shall discharge cause such lien (or petition) to be discharged of record within thirty (30) days thereafterafter filing by bonding or in any other lawful manner. Tenant shall indemnify and save harmless Landlord from all costs, at Tenant’s sole cost losses, expenses, and expense, by the payment thereof or by the filing of a bond acceptable to Landlordattorneys' fees in connection with any such lien.

Appears in 1 contract

Sources: Lease Agreement (Access Corp)

Alterations. Landlord is under no obligations Tenant shall not make or suffer to make be made any alterations, decorationsadditions or improvements to or of the Premises or any part thereof without the written consent of Landlord first had and obtained. Any alterations, additions, or improvements to or of said premises, including without limitation any partitions, immovable or otherwise, and all 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 consents to the making of any alterations, additions or improvements to the premises by Tenant, the same shall be 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. Upon the expiration or sooner termination of the term Tenant, upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence shall remove any alterations, additions or improvements made by Tenant designated by Landlord to be removed, and Tenant, forthwith and with all due diligence, at its sole cost and expense, shall repair any damage to the premises caused by such removal. Tenant's obligation to remove any alterations, additions, improvements, demolitions or other changes in or fixtures and/or personal property and to repair any damage from such removal shall survive the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease. Prior to or while approving any alterations, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may Landlord shall notify Tenant in writing whether such alterations will have to be removed at the termination of this Lease. Construction of the alterations, additions, or improvements shall be completed in accordance with drawings and specifications approved in advance in writing by Tenant. Landlord mayLandlord, nonetheless, require Tenant to remove, at Tenant’s cost shall be carried out in a good and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so electsworkmanlike manner, and Tenant fails to remove shall comply with all applicable requirements of governmental authorities and such improvements, additional conditions as Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordreasonably impose.

Appears in 1 contract

Sources: Lease Agreement (Looksmart LTD)

Alterations. Landlord is under no obligations Tenant shall not make or permit to make be made any alterations, decorationsadditions or improvements in, additions, improvements, demolitions or other changes in upon or to the Leased Premises. Tenant shall have Premises or the rightCommon Areas, at Tenant’s sole cost and expense, to make or any reasonable alterations, decorations, improvements or additions to part of the Leased Premises as Tenant may desireor the Common Areas, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to without the Leased Premises without first obtaining (i) the prior written consent of Landlord, and (ii) when required by any mortgageewhich cannot be unreasonably withheld, conditioned or delayed. In the written event such consent of any mortgagee maintaining an interest in the Leased Premises. Any is obtained, all such alterations, decorations, additions or improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and performed at the expense of Tenant in a good, workmanlike manner, free from faults and first class mannerdefects and in accordance with all applicable laws and building codes and plans and specifications approved by Landlord. Any In the event that any alterations, additional or improvements are approved, Tenant shall be responsible for and all alterations promptly repair any damage done to the Leased Premises arising out of the approved alterations, additions or improvements. Tenant shall not allow any construction liens to attach to the Leased Premises or the Property in connection with any such alteration, and the failure of Tenant to have any such ▇▇▇▇ released or bonded within twenty-one (21) days after written notice from Landlord shall constitute a default under this Lease. In addition, ▇▇▇▇▇▇ shall indemnify, defend and hold Landlord harmless from any and all costs and expenses incurred by Landlord in connection with such construction liens, including, without limitation, attorneys’ fees and costs of litigation. All alterations, additions or improvements (except trade fixtures) so made and installed by Tenant shall become part of the realty, shall become the property of Landlord and shall remain for the benefit of Landlord upon termination at the end of the term or other expiration of this LeaseLease in as good condition as they were when installed, except for detachable reasonable wear and movable equipmenttear excepted; provided, furniture and trade fixtures owned however, that, notwithstanding anything to the contrary contained in Paragraph, any such alteration, addition or improvement remaining at the end of the term or other expiration of this Lease shall, upon written demand made by TenantLandlord, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove▇▇▇▇▇▇, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing repair any damage caused by such removal. If any lien (or a petition , restoring the Leased Premises to establish their condition prior to the making of such lien) is filed in connection with any alteration, Tenant addition or improvement. Any alterations, additions or improvements shall discharge be made by qualified, licensed contractors that have been approved in writing by Landlord prior to commencement of the work and such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, contractors shall carry appropriate insurance coverage as is reasonably required by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Landlord is under no obligations to (a) Tenant shall not make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, interior decorations, improvements or additions to the Leased Premises as Tenant may desireor attach any fixtures or equipment thereto, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to without the Leased Premises without first obtaining (i) the Landlord's prior written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premisesapproval. Any All such alterations, interior decorations, improvements or additions made to the Leased Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense by Landlord or, at Landlord's sole option, by Tenant. So long as Tenant is not in default hereunder, Tenant shall have the right but, except as stated in the succeeding sentence, not the obligation to remove any of said alterations, interior decorations, improvements or additions caused to be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Leaseby Tenant, except for detachable and movable equipmentany fixtures, furniture and trade fixtures owned equipment caused to be installed by Tenant, all during and at the expiration of which the Lease term or any renewal thereof, providing that Tenant repairs any damage caused to the Premises by said removal. Landlord, by notice to Tenant in writing at least thirty (30) days prior to the expiration of the Lease term, or any renewal term thereof, may request that Tenant remove any of said alterations, interior decorations, improvements or additions caused to be removed made to the Premises by Tenant or any of the fixtures, furniture and equipment caused to be installed by Tenant. , and, if Landlord maymakes said request, nonethelessTenant shall remove on or before said expiration date such of said alterations, require Tenant to removeinterior decorations, at Tenant’s cost and expenseimprovements, any and all additions, fixtures, furniture and equipment as are stated in such request and other improvements installed on Leased repair any damage caused to the Premises and thereafter to restore the Leased Premisesby said removal. In the event that Landlord so elects, requests such removal and Tenant fails to remove such improvementssame and repair any damage caused thereby on or before said expiration date, Landlord may remove such improvements at Tenant’s cost, Tenant agrees to reimburse and Tenant shall pay Landlord on demand as Additional Rent for the cost of removing same and repairing any damage to the Premises caused by such said removal. If All of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment remaining on the Premises after said expiration date, or at such sooner termination date due to any lien default of Tenant, shall become the property of Landlord. (b) In doing any such work of installation, removal, alteration or a petition relocation, the Tenant shall use due care to establish such lien) is filed cause as little damage or injury as possible to the Premises and the Building and to repair all damage or injury that may occur to the Premises or the Building in connection with such work. The Tenant agrees in doing any alterationsuch work in or about the Premises to use its best efforts to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Building service employees of the Landlord. If Landlord elects not to perform the work, any contractors employed by Tenant for such installations shall be approved by the Landlord in writing before the commencement of such work, but the Landlord shall not unreasonably withhold its approval and consent; provided, however, that all such contractors shall be requited to carry workmen's compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies satisfactory to Landlord. Prior to the commencement by Tenant of any work as set forth in this paragraph, Tenant shall discharge such lien (or petition) within thirty (30) days thereaftermust obtain, at Tenant’s its sole cost and expense, all necessary permits, authorizations and licenses requited by the payment thereof or by various governmental authorities having jurisdiction over the filing of a bond acceptable to LandlordPremises.

Appears in 1 contract

Sources: Real Property Lease Agreement (World Health Alternatives Inc)

Alterations. Landlord is under no obligations to make any All alterations, decorationsadditions and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part of thereof on the termination of this lease. Such alterations, additions, improvements, demolitions or other changes in or to and improvements may only be made with the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and (ii) when required by alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any mortgageeperson and damage to any personal property, on or off the written consent leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any mortgagee maintaining an interest kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the Leased Premisesroof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any such damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, decorationsimprovements, improvements or additions to the Leased Premises additions, and repairs made by Tenant shall be made in compliance with all local ordinances good and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Commercial Lease (Allquest Com Corp)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake make any material alteration, decoration, installation structural alterations or addition improvements in or additions ("Alterations") to the Leased Premises or make any changes to locks on doors or add to, disturb or in any way change any of the wiring or plumbing in the Premises or the Building, without first obtaining (i) the written consent of Landlord, and, when appropriate, in accordance with plans and (ii) when required specifications approved by Landlord, which consent shall not be unreasonably withheld. All such Alterations shall be at the sole cost and expense of Tenant and shall be performed by contractors or mechanics approved by Landlord, which consent shall not be unreasonably withheld. All work with respect to any mortgageesuch Alterations shall be done in a good and workmanlike manner, shall be of a quality equal to or exceeding the written consent then existing construction standards for the Building and must be of any mortgagee maintaining an interest a type, and the floors and ceilings must be finished in a manner, customary for general office use and other uses common to similar office buildings in the Leased Premisesvicinity. Any Such Alterations shall be diligently prosecuted to completion. All such alterations, decorations, improvements or additions to the Leased Premises Alterations shall be made strictly in compliance accordance with all local laws, regulations and ordinances relating thereto, and public authorities having jurisdiction thereof and no interior improvements installed by Landlord in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by (including Tenant, all of which 's Work) may be removed by Tenantunless the same are promptly restored to a condition similar or better. Landlord may, nonetheless, hereby reserves the right to require Tenant any contractor or mechanic working the Premises to remove, at Tenant’s cost provide lien waivers and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter liability insurance covering such Alterations to restore the Leased Premises. In Tenant shall give Landlord ten (10) days' written notice of the event commencement of any Alterations and agrees to allow Landlord and its Lender to enter the Premises at reasonable times and post appropriate notices to avoid liability to contractors or material suppliers for payment for such Alterations. Notwithstanding anything contained herein to the contrary, Tenant may make any nonstructural interior Alterations that do not adversely affect the value of the Premises, the structural integrity of the Building or any Building system without Landlord's consent. No Alterations shall adversely affect either the strength or exterior appearance, or the mechanical, electric or plumbing services of the Building. Tenant shall reimburse Landlord so electsfor any reasonable sums expended by Landlord for examination and approval of architectural or mechanical plans and specifications of the Alterations. Tenant shall also reimburse Landlord for reasonable direct costs incurred during any inspection of the Alterations. All damages or injury done to the Premises or Building by Tenant or by any persons who may be in or upon the Premises or Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent for all damage to the cost of repairing any damage Building caused by such removal. If any lien (negligent acts or a petition to establish such lien) is filed in connection with any alterationomissions of Tenant or Tenant's officers, Tenant shall discharge such lien (contractors, agents, invitees, licensees, or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordemployees.

Appears in 1 contract

Sources: Lease Agreement (Aptimus Inc)

Alterations. Landlord is under no obligations Borrower shall obtain Lender’s prior consent to make any alterationsmaterial alterations to any Improvements, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant which consent shall not undertake any material alterationbe unreasonably withheld, decorationconditioned or delayed. Notwithstanding the foregoing, installation or addition to the Leased Premises without first obtaining (i) the written Lender’s consent of Landlord, and (ii) when shall not be required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationalterations that will not have a material adverse effect on Borrower’s financial condition, Tenant the value of the Property or the Net Operating Income, provided that such alterations (a) are made in connection with tenant improvement work performed pursuant to the terms of any Lease, (b) do not materially adversely affect any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements and the aggregate cost thereof does not exceed the Alteration Threshold Amount, (c) are performed in connection with the Restoration of the Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement, (d) are made pursuant to and in accordance with the Management Agreement, or (e) are made in connection with the PIP Requirements or otherwise constitute Required Repairs. To the extent Lender’s prior written approval is required pursuant to this Section 5.1.21, Lender shall discharge 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 lien request and such written request shall state thereon in bold letters of 14 point font or larger that action is required by Lender. If Lender fails to approve or disapprove the request within such fifteen (15) Business Days, Lender’s approval shall be deemed given. Should Lender fail to approve any such request, Lender shall give Borrower 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 the Property (other than such amounts to be paid or petitionreimbursed by tenants under the Leases) within thirty (30) days thereaftershall at any time exceed the Alteration Threshold Amount, at Tenant’s sole cost and expense, by Borrower shall promptly deliver to Lender as security for the payment thereof or by of such amounts and as additional security for Borrower’s obligations under the filing Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a bond rating acceptable to Landlord.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 initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any Securitization, or (D) a completion and performance bond or an irrevocable letter of credit (payable on sight draft only) issued by a financial institution having a rating by S&P of not less than “A-1+” if the term of such bond or letter of credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is 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 initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any

Appears in 1 contract

Sources: Loan Agreement (FelCor Lodging Trust Inc)

Alterations. Landlord is under no obligations to (a) Tenant shall not make any alterations, decorationsimprovements or additions to the Premises or attach any fixtures or equipment thereto, without the Landlord’s prior written approval, not to be unreasonably withheld. All alterations, improvements or additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord’s consent. (b) All alterations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, improvements or additions; provided, however, that Landlord may designate by written notice to Tenant at the time Tenant requests consent those alterations and additions which shall be removed by Tenant at the expiration or termination of this Lease, and Tenant shall properly remove the same and repair any damage to the Premises caused by such removal. Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or for Tenant may be removed by Tenant at any time. (c) In performing such alterations, improvements or additions, improvementsor in the removal thereof, demolitions Tenant shall use due care to cause as little damage or injury as possible to the Premises and the Building and shall repair all damage or injury that may occur to the Premises or the Building as a result thereof. (d) Tenant agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other changes labor disturbances among the Development service employees of Landlord. Any contractors employed by Tenant shall be subject to Landlord’s prior written approval, not to be unreasonably withheld. All such contractors shall be required to carry worker’s compensation insurance, commercial general liability insurance and property damage insurance in or amounts, form and content, and with companies reasonably satisfactory to Landlord. (e) Prior to the Leased Premises. commencement by Tenant of any work as set forth in this Article, Tenant shall have the rightobtain, at Tenant’s sole cost and expense, to make any reasonable alterationsall necessary permits, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, authorizations and (ii) when licenses required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public various governmental authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to over the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Office Lease Agreement (Cognition Therapeutics Inc)

Alterations. Landlord is under no obligations (a) Tenant shall have the right, option and privilege of renovating or modifying the Leased Premises at its own cost and expense when in the Tenant’s sole judgment, same may be deemed necessary for the health, safety or welfare of individuals in the course of operating a community support and social services programs, including a financial opportunity center, reengagement services, youth recreation and afterschool/summer activities, workforce development and other community based services. Such renovations and modifications may include, but shall not be limited to, repairing damage or replacing railings, doors, gates, counters, lighting fixtures, painting, signs and such other equipment necessary to the Tenant’s occupancy of the Leased Premises for the purpose of doing business. Other than as set forth in the preceding sentence, Tenant shall not make any alterationschanges, decorationsmodifications or alterations (collectively, additionsthe “Alterations”) to the ▇▇▇▇▇▇▇ School without the prior written consent of Landlord. Notwithstanding anything herein to the contrary, improvementsTenant shall not make any such improvements to the Leased Premises without Landlord consent in an amount exceeding $100,000. (b) Unless otherwise agreed to by Landlord and Tenant, demolitions or other changes in or all Alterations to the Leased Premises shall, upon installation, become the property of Landlord and shall be deemed part of, and shall be surrendered with, the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make remove any reasonable alterations, decorations, improvements or additions Alterations made by Tenant to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake and promptly repair and restore any material alteration, decoration, installation or addition damage to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required caused by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions removal to their condition existing prior to the Leased Premises shall be made installation thereof, reasonable wear and tear and unrepaired damage from a Casualty not caused by Tenant or from a Taking excepted, provided that Landlord advises Tenant in compliance with all local ordinances and public authorities having jurisdiction thereof and in a goodwriting, workmanlike and first class manner. Any and all alterations at or prior to the Leased Premises shall become time that Tenant requests the property of right to make such Alteration, that Tenant will be required to remove the Landlord upon same at the expiration or earlier termination of this Lease, except for detachable . (c) Tenant may install or place or reinstall or replace and movable remove from the Leased Premises any trade equipment, furniture machinery and trade fixtures owned by personal property belonging to Tenant, all of which may be removed by Tenant. Landlord mayprovided, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent repair all damage to the cost of repairing any damage ▇▇▇▇▇▇▇ School caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationSuch trade equipment, Tenant machinery and personal property shall discharge such lien (or petition) within thirty (30) days thereafter, at not become the property of Landlord and shall remain the property of Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Landlord is under no obligations to Other than the Equipment along with related appurtenances as shown, configured, and inventoried on Exhibit D hereto, Lessee shall not make any alterations, decorations, additions, improvementsor improvements to the Premises and the Lease Area (“Alterations”) without the District’s prior written consent, demolitions which consent District may withhold in its sole and absolute discretion; provided, however, that Lessee may, without District’s prior written consent, but upon not less than fifteen (15) days’ prior written notice to District, perform like-kind replacements of Lessee’s ground-based equipment within the interior of any shelters on the Premises. In addition, and provided that Lessee shall have delivered to District plans and specifications therefor and, if requested by District, evidence reasonably satisfactory to District that said replacements are of a like-kind, the District’s consent to any like-kind replacements of antennae on the Reservoir shall not be unreasonably withheld. Any approval by District of any increase in the number, type, or size of arrays or antennae, the addition or relocation of cables or other changes in Equipment, or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest increase in the Leased Premises. Any such alterations, decorations, improvements or additions to portion of the Leased Premises Property used shall be made conditioned by District on an increase in Base Rent in an amount determined by District. Lessee shall complete all approved Alterations at Lessee’s expense in compliance with all local ordinances and public authorities having jurisdiction thereof applicable laws and in accordance with plans and specifications approved in advance in writing by the District, using contractors who are bonded, insured, licensed in the state of Washington, and approved in advance in writing by District, in a goodmanner so as to not unreasonably interfere with other tenants and in conformance with the requirements of this Agreement. Lessee shall not commence installation of any Alterations until five (5) days after giving District notice stating the date of installation. Lessee shall own and be responsible for all Alterations. The Lessee shall remove all Alterations at the end of the Lease Term unless the District requires the Lessee to leave specified Alterations at the Premises, workmanlike in which case the Lessee shall not remove such Alterations, and first class mannerthe District shall notify the Lessee in writing of the required Alterations to remain as soon as reasonably possible after the notice of termination. Any and all alterations Lessee shall immediately repair any damage to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing removal of a bond acceptable to LandlordAlterations.

Appears in 1 contract

Sources: Communications Site Use and Lease Agreement

Alterations. Landlord is under no obligations to Tenant must not alter or install any paneling, flooring, partitions, or railings, or make any other alterations. Tenant may not paint. Tenant must not alter the plumbing, decorationsventilation, additionsair conditioning, improvementsheating, demolitions or electric systems, or any other changes in or part of the building whatsoever. Any alterations illegally made will be fully chargeable to the Leased Premises. Tenant shall have the rightTenant, and will be required to be brought back to original condition at Tenant’s sole cost and expense. Tenant may not alter water supply lines for any purpose. Tenant may not install additional appliances or fixtures, to make any reasonable alterationsincluding but not limited to, decorationswater faucets, improvements showerheads, bidets, water filters or additions to the purification systems, whirlpool jets, or portable dishwashers. Tenant agrees that all water use within Leased Premises as is contained within bathtubs, sinks, toilets, etc. and that further measures to protect against water damage are taken on a daily basis, including but not limited to, the shower curtain remaining inside the bathtub/shower while in use, proper use of bath mat or other absorbent materials outside the shower/bathtub, and consistent use of bathroom exhaust fans. The cost of any repairs that result due to a disregard of these terms will be the responsibility of ▇▇▇▇▇▇. Tenant must use only thumb tacks or push pins to hang posters and only picture frame hangers to hang pictures. TENANT MAY NOT USE ANY LARGE OR LONG NAILS OR SCREWS. There are many mechanical utilities in the walls that should not be damaged. Tenant may desirenot use sticky adhesives including adhesive hooks to hang anything on walls or doors. Wall decals of any kind are also prohibited. Under NO circumstances may any furniture, PROVIDEDappliances, HOWEVERor fixtures provided by College Town Communities leave the leased apartment, Tenant shall not undertake any material alterationeven for a short period of time. All furniture, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlordappliances, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest fixtures MUST remain in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenantplace inside ▇▇▇▇▇▇’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removalapartment. If any lien (or a petition to establish such lien) ▇▇▇▇▇▇’s apartment is filed in connection with any alterationfurnished, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, no personal furniture can be moved into the unit without express written approval by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Residential Lease

Alterations. Any alterations or additions (“Work”) made to the Leased Premises by Tenant shall become the property of Landlord, at the termination of this Lease, and Tenant shall have no right of reimbursement therefore. Prior to any such alterations or additions (“Work”) to the Leased Premises by Tenant, Tenant shall provide information, in writing, to Landlord is under on the scope of work to be done. Landlord must approve, in writing, all such Work to the Leased Premises prior to inception of Work, either demolition or construction, by Tenant. Any alterations or additions (“Work”) made by Tenant to the Leased Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits, and without unreasonable interference with the other tenants or the transaction of business in the Facility. Tenant shall make no obligations alterations or additions to make the Leased Premises to cause any alterationsunreasonable increase in the insurance rate on the Leased Premises. Tenant shall use only licensed contractors, decorationsprofessionals and subcontractors, additionslicensed properly to do business in Louisiana, improvementsfor any such Work. Tenant warrants that all such contractors, demolitions or other changes subcontractors, professionals and suppliers shall be paid in or a timely manner. Tenant shall secure insurance coverage in the limits and types specified in Exhibit “D” (Exhibit “D-1” – Insurance Requirements) and shall provide a Certificate of Insurance to Landlord (attached as Exhibit “D-2”) evidencing such coverage prior to commencement of any Work to the Leased Premises. Tenant shall have the rightindemnify, at defend, and hold Landlord and Owner harmless from all claims, liabilities, obligations and expenses, including attorneys’ fees, expert fees and costs arising from or in any way connected with Tenant’s sole cost Work, except to the extent caused by Landlord or Owner’s gross negligence or willful misconduct. Upon expiration or termination of this Lease Agreement Tenant shall promptly remove any personal property (movables) belonging to Tenant and expenseany movables not deemed component parts pursuant to Louisiana Civil Code art. 466. Tenant shall repair or replace, to make any reasonable alterationsin a like condition, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation on or addition to before the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination expiration of this Lease, except for detachable or any extension or renewal thereof, less reasonable wear and movable equipment, furniture tear and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordfrom casualty.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Landlord is under no obligations Tenant shall not make or allow to make be made any alterations, decorationsadditions, or improvements to the Premises, either at the inception of this Lease or subsequently during the Term, without obtaining the prior written consent of Landlord. With respect to any alterations, additions, or improvements approved by Landlord, Tenant shall, at Landlord’s election, remove such alterations, additions or improvement at Tenant’s expense prior to expiration of the Term or earlier termination of this Lease and repair any damage caused by said removal. All alterations, additions and improvements shall remain the property of Tenant until termination of this Lease, at which time they shall be and become the property of Landlord if Landlord so elects; provided, however, that Landlord may, at ▇▇▇▇▇▇▇▇’s option, upon written notice to Tenant on or before thirty (30) days prior to termination of this Lease, require that Tenant, at Tenant’s expense, immediately remove any or all alterations, additions, and improvements made by Tenant and restore the Premises to their condition existing prior to the construction of any such alterations, additions or improvements, demolitions If Tenant fails to timely remove such alterations, additions or other changes improvements or Tenant’s trade fixtures, equipment or furniture, Landlord may keep and use them or remove any of them and, in the case of trade fixtures, equipment or furniture, cause them to the Leased Premises. Tenant shall have the rightbe stored or sold in accordance with applicable law, all at Tenant’s sole cost and expense, . The terms of the preceding two sentences shall survive the termination of this Lease. Tenant shall deliver to make any reasonable Landlord full and complete plans and specifications of all such alterations, decorationsadditions or improvements, improvements and no such work shall be commenced by Tenant until Landlord has given its written approval thereof and Tenant has acquired all applicable permits therefor required by governmental authorities. Landlord does not expressly or additions to implicitly covenant or warrant that any plans or specifications submitted by Tenant and reviewed or approved by Landlord are safe or that the Leased Premises as Tenant may desire, PROVIDED, HOWEVERsame comply with any Regulations. Further, Tenant shall not undertake indemnify, defend (by counsel reasonably acceptable to Landlord) and hold Landlord harmless from any material alterationloss, decorationcost or expense, installation including attorneys’ fees and costs, incurred by Landlord as a result of any defects in design, materials or addition workmanship resulting from ▇▇▇▇▇▇’s alterations, additions or improvements to the Leased Premises without first obtaining (i) the written consent of LandlordPremises. All repairs, alterations, additions, and (ii) when restoration by Tenant hereinafter required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises permitted shall be made done in a good and workmanlike manner and in compliance with all local ordinances Regulations and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property requirements of the insurers of the Property. Tenant shall reimburse Landlord upon termination of this Lease, except for detachable Landlord’s reasonable charges and movable equipment, furniture expenses for reviewing and trade fixtures owned approving or disapproving plans and specifications and any other documents for any alterations proposed by Tenant, all of which ▇▇▇▇▇▇. Tenant shall require that any contractors used by Tenant be licensed and carry a commercial general liability insurance policy in such amounts as Landlord may be removed by Tenantreasonably require. Landlord may, nonetheless, may require Tenant proof of such insurance prior to remove, at Tenant’s cost and expense, commencement of any and all fixtures, equipment and other improvements installed work on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Modified Industrial Gross Lease (Energy Recovery, Inc.)

Alterations. Landlord is under After completion of the Building, the improvements on the Premises and the Tenant Improvements, Lessor will have no obligations obligation to make do any alterations, decorations, additions, improvements, demolitions redecorating or other changes in remodeling of the Building or to the Leased Premises. Tenant shall have the rightright to make cosmetic or decorative changes within the Building without Lessor's consent so long as the cost thereof does not exceed $25,000 in any 12-month period and does not affect the Building structure, systems or exterior appearance. All other alterations shall require Lessor's prior consent. Lessor shall not unreasonably withhold such consent if the work does not adversely affect: (i) the value of the Building, (ii) any system serving the Building, or (iii) the appearance of the exterior of the Building. With respect to any consent required pursuant to this Section, Lessor shall respond in writing within 5 business days after Tenant has submitted reasonably complete plans and/or specifications for the work to Lessor, or Lessor will be deemed to have consented. If Lessor disapproves a proposed alteration Lessor shall state with reasonable specificity the reasons for disapproval and what would be required in order to obtain Lessor approval. Tenant shall have no obligation, at Tenant’s sole cost and expensethe expiration of the Term, to make any reasonable alterations, decorations, remove the initial improvements or additions to the Leased Premises as performed by Lessor or Tenant. Tenant may desireshall not be required to remove any other alterations or improvement at the expiration of the Lease unless at the time Lessor gave its consent to such alteration Lessor stated in writing, PROVIDEDon the instrument indicating Lessor consent, HOWEVERthat approval was conditioned upon Tenant's agreement to remove the alteration or improvement at the expiration of the Term. With respect to removal of alterations required hereunder, Tenant shall not undertake be obligated to replace affected portions of the Premises but may patch and fill in a manner which will place the affected area in the same condition as when delivered to Tenant, reasonable wear and tear excepted (e.g. if carpeting is affected, Tenant's obligation to restore shall be deemed satisfied if the portion of the carpet affected by removal of alterations is patched in a reasonable manner.) Tenant will get Lessor's prior written approval of any material alterationcontractor or subcontractor who is to perform work on the Premises at Tenant's request. Such approval shall not be unreasonably withheld, decorationdelayed or conditioned. All alterations by Tenant will be constructed with new materials, installation in a good and workmanlike manner, and in compliance with the plans and specifications approved by Lessor (except for decorating changes which do not require approved plans and specifications) and all applicable laws, ordinances, rules, orders, regulations, or addition other requirements of governmental authorities. Tenant will pay for any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in or about the Leased Premises, and will pay and discharge any mechanic's, materialmen's or other lien against the Premises without first obtaining resulting from Tenant's failure to make such payment. If any work performed by Tenant results in the filing of a mechanics lien which Tenant, acting in good faith, wishes to contest, Tenant shall have the right to contest said lien and the existence of said lien shall not be deemed to be a default under the Lease so long as (i) Tenant causes said lien to be satisfied or causes the written consent Premises to be released from the lien within 30 days after the filing of Landlord, such lien and (ii) when if required by any mortgagee, the written consent of any mortgagee maintaining an Lessor Tenant provides Lessor with reasonable security to protect Lessor interest in the Leased Premises, such as a bond, cash escrow, letter of credit or guaranty of a person/entity financially capable of satisfying said lien, in an amount equal to 1.25 times the amount of the lien. Any such If the lien is reduced to final judgment, Tenant will discharge the judgment and Lessor will return the cash deposited by Tenant. Lessor may post notices of nonresponsibility on the Premises as provided by law. All alterations, decorations, additions and improvements or additions to the Leased Premises shall be made in compliance with all local ordinances at Lessor's or Tenant's expense, except movable office furniture and public authorities having jurisdiction thereof Tenant's movable trade and in a goodoffice fixtures and equipment, workmanlike including computer equipment and first class manner. Any wiring; portable office partitions; security monitors, wiring and all alterations to the Leased Premises shall systems, and telecommunications systems, hardware and wiring, will become the property of Lessor upon installation and will be surrendered with the Landlord Premises upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed Lease unless Lessor elects otherwise in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordwriting.

Appears in 1 contract

Sources: Lease (Health Risk Management Inc /Mn/)

Alterations. Landlord is under no obligations to 8.1 Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements to the Leased Premises. Tenant shall have Premises or Common Areas without the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, and (ii) when required by any mortgageeexcept for the installation of unattached, the written consent of any mortgagee maintaining an interest movable trade fixtures which may be installed in the Leased Premisesinterior of the Premises without drilling, cutting or otherwise defacing the Building. Any such All alterations, decorationsadditions, improvements or additions to fixtures (whether temporary or permanent in character), but excluding Tenant’s personal property and trade fixtures, made in or upon the Leased Premises Premises, either by Landlord or Tenant, shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the Landlord’s property of the Landlord upon on termination of this Lease, except for detachable Lease and movable equipment, furniture and trade fixtures owned by shall remain a part of the Premises without compensation to Tenant, all of which may or at Landlord’s election, shall be removed by Tenant. All furniture and unattached, movable trade fixtures and equipment installed in the Premises by Tenant may be removed by Tenant at the termination of this Lease if Tenant so elects, and shall be so removed if required by Landlord. If any such property is not removed, Landlord may, nonetheless, require Tenant to remove, may either declare such property abandoned (in which event it shall become Landlord’s property) or may remove such property from the Premises and store same at Tenant’s cost sole risk and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so electsrequires the removal of any alterations, additions, improvements or fixtures, Tenant shall, at its expense, repair and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent restore any portion of the cost of repairing any damage caused Premises which is damaged by such removal. All such installations, removals and restorations shall be accomplished in good, workmanlike manner so as not to damage the Premises or the primary structure or structural qualities of the Building or the plumbing, electrical lines or other utilities. 8.2 Any construction work done by Landlord or Tenant upon the Premises or the Property shall be performed in a good and workmanlike manner, in compliance with all governmental requirements, and the requirements of any contract or deed of trust to which Landlord may be a party. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from any such work performed by or on behalf of Tenant. Landlord agrees to indemnify Tenant and hold Tenant harmless against any loss, liability or damage resulting from any such work performed by or on behalf of Landlord. Tenant shall, upon Landlord’s request, furnish bonds or other security satisfactory to Landlord against any such loss, liability or damage. 8.3 Tenant will not permit any mechanic’s lien or liens to be placed upon the Premises or Property, or any portion thereof, caused by or resulting from any work performed, materials furnished or obligation incurred by or at the request of Tenant, and in the case of the filing of any such lien, Tenant will immediately pay and discharge the same. If any lien remains against the Premises or Property for fifteen (15) days, Landlord shall have the right and privilege at Landlord’s option of paying the same or a petition any portion thereof without inquiry as to establish such lien) is filed in connection the validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional rent hereunder due from Tenant to Landlord and shall be repaid to Landlord (together with any alteration, Tenant shall discharge such lien (or petitioninterest at the Past Due Rate from the date paid by Landlord) within thirty ten (3010) days thereafter, at after Tenant’s sole cost and expense, by the payment thereof or by the filing receipt of a bond acceptable to Landlordstatement from Landlord therefor.

Appears in 1 contract

Sources: Lease Agreement (Chuy's Holdings, Inc.)

Alterations. Landlord is under no obligations to Tenant shall not make any alterations, decorations, additions, improvements, demolitions or other changes in or improvements to the Leased PremisesPremises or install any fixtures thereat (collectively "Alterations"), without the Landlord's prior written approval which shall not be unreasonably withheld, provided that Landlord's approval may be withheld if any proposed Alterations adversely impact the Building structure or systems. Tenant All Alterations to the Premises shall have the right, be performed at Tenant’s 's sole cost and expense in accordance with drawings and specifications prepared at Tenant's sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to which drawings and specifications shall be consistent with the Leased Premises standards applicable thereto set forth in Exhibit "D" attached hereto. So long as Tenant may desire, PROVIDED, HOWEVERis not in default hereunder, Tenant shall have the right but, except as stated in the succeeding sentence, not undertake the obligation to remove any material alterationof said Alterations which constitute trade fixtures during and at the expiration of the Term and any extension thereof, decorationprovided that Tenant repairs any damage caused by said removal. Landlord, installation or addition by notice to Tenant in writing at the Leased Premises without first obtaining (i) the written consent time of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property 's approval of the drawings and specifications for the Alterations, may request that Tenant remove any of said Alterations, and, if Landlord upon termination of this Leasemakes said request, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord remove on demand or before the date on which the Term ends such Alterations as Additional Rent the cost of repairing are stated in such request and repair any damage caused by such removal. If In the event that Landlord requests such removal and Tenant fails to remove same or to repair any lien (damage caused thereby, Tenant agrees to reimburse and pay Landlord for the reasonable cost of removing same including, without limitation, reasonable charges for overhead and damage. All of the Alterations remaining on the Premises after the date on which the Term ends, or a petition at such sooner termination date, shall become the property of Landlord. In doing any work of installation, removal, alteration or relocation, Tenant shall not harm the Premises or the Building and shall repair all damage or injury that may occur to establish such lien) is filed the Premises or the Building in connection with such work and shall otherwise comply with Exhibit "E" attached hereto. Tenant agrees in doing any alterationsuch work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Building service employees. Any contractors employed by Tenant for such work shall comply with the requirements of Exhibit "E" ("Landlord's Requirements") annexed hereto and hereby made a part hereof and shall further be approved by Landlord in writing before the commencement of such work, but Landlord shall not unreasonably withhold its approval or consent. In all events all such contractors shall be required to employ only union labor in the performance of such work, carry worker's compensation insurance, public liability insurance and property damage insurance in amounts, form and content and with companies reasonably satisfactory to Landlord. Prior to the commencement by Tenant of any work as set forth in this subsection 7.D., Tenant shall discharge such lien (or petition) within thirty (30) days thereaftermust obtain, at Tenant’s its sole cost and expense, all necessary permits, authorizations, licenses and other approvals required by the payment thereof or by various governmental authorities. Upon completion of any such work, Tenant shall pay to Landlord an amount equal to ten percent (10%) of the filing cost of a bond acceptable such work, to Landlordreimburse Landlord for the cost of coordination and final inspection of the work.

Appears in 1 contract

Sources: Lease Agreement (Kroll Inc)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake at any material time during the Term of this Lease make any openings in or other alteration or improvement to the roof or exterior walls of the Building or make any alteration, decoration, installation addition or addition improvement to the Leased Premises or any portion thereof (hereinafter collectively referred to as “Alterations”) without first obtaining (i) in each instance, the prior written consent of Landlord; provided, however, upon notice to, but without the requirement of the written consent of Landlord, Tenant shall have the right to make Alterations to the interior of the Premises where same are non-structural, do not require openings in or other alteration or improvement to the roof, exterior walls or other structural components of the Building, do not adversely affect any Building system, and do not exceed FIFTY THOUSAND AND NO/100 DOLLARS (ii550,000.(X)) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made aggregate in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premisestwelve (12)-month period. In the event that Landlord so elects, and Tenant fails requests Landlord’s consent to remove such improvementsmake any Alteration which does not involve openings in or other alterations or improvements to the roof, Landlord may remove such improvements at Tenantshall not unreasonably withhold its consent to the Alteration. No Alterations to the Premises for which Landlord’s costconsent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing insurance coverage required under Section 9.2 hereof. Any Alterations by Tenant hereunder shall be done in a good and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed workmanlike manner in connection compliance with any alterationLegal Requirements. Upon completion of any Alteration by Tenant hereunder, Tenant shall discharge furnish Landlord with a copy of the “as built” plans covering such lien (or petition) within thirty (30) days thereafterconstruction. Tenant, at Tenant’s its sole cost and expense, will make all Alterations on the Premises which may be necessary by the payment thereof act or neglect of any other person or corporation (public or private), except Landlord, its agents, employees or contractors. Before commencing any Alterations, involving an estimated cost of more than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00): (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall furnish to Landlord an estimate of the cost of the proposed work, certified by the filing architect who prepared such plans and specifications; (c) all contracts for any proposed work shall be submitted to and subject to the reasonable approval of Landlord; (d) evidence of insurance as required by Article IX hereof; and (f) such other requirements as Landlord may reasonably require to be satisfied. Prior to the commencement of any construction activity for which Landlord’s consent shall be required, certificates of such insurance coverages shall be provided to Landlord and renewal certificates shall be delivered to Landlord prior to the expiration date of the respective policies. Notwithstanding the foregoing, no Alterations of any kind shall be made which would (i) change the general design, use, character or structure of the Premises or any part thereof; (ii) decrease the size of the Premises or any part thereof; (iii) reduce or impair, to any material extent, the value, rentability or usefulness of the Premises or constitute waste; or (iv) give to any owner, lessee or occupant of any other property or to any other person or corporation any easement, right-of-way or any other right over the Premises. Any Alteration shall be made with reasonable dispatch and in a bond acceptable good and workmanlike manner and in compliance with all applicable permits and authorizations and buildings and zoning laws and with all other Legal Requirements. If any work does not comply with the provisions of this Lease, Landlord may, by notice to LandlordTenant, require that Tenant stop the work and take steps necessary to cause corrections to be made, or Landlord may, itself, perform the work, at Tenant’s cost.

Appears in 1 contract

Sources: Industrial Building Lease (Factory Card & Party Outlet Corp)

Alterations. Landlord is under Tenant shall make no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased PremisesDemised Premises of any nature without Landlord's prior written consent provided, however, 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. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions Subject to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, not to be unreasonably withheld or delayed and (ii) when to the provisions of this Article, Tenant at Tenant's expense, may make non-structural alterations, installations, additions or improvements which do not materially 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 reasonably approved by Landlord. 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 Notwithstanding the foregoing. Tenant must use Landlord's base building contractor for any electrical work in and to or from any base building electrical service rooms. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any mortgageegovernmental 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 workman's compensation, general lia▇▇▇▇▇▇, ▇ersons and property damage insurance as Landlord may reasonably require if any mechanic's lien is filed against the Demised Premises or the Building for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises same shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned discharged by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafterafter Tenant receives written notice thereof at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on 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 thirty (30) 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 Demised Premises by Tenant prior to the expiration of the lease, at Tenant’s sole cost 's expense. Landlord hereby requires Tenant to remove the Generator and all switching equipment and wiring and other equipment appurtenant thereto, as defined below. 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 furniture, fixtures and equipment from the Demised Premises or upon removal of other installations as may be permitted hereunder, Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to installation and repair any damage to the Demised Premises or the Building due to such removal. All property permitted to be removed by Tenant at the payment thereof end of the term remaining in the Demised Premises after Tenant's removal 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 the filing of a bond acceptable to Landlord, at Tenant's expense.

Appears in 1 contract

Sources: Office Lease (Fusion Telecommunications International Inc)

Alterations. Upon the prior written consent of Landlord is under no obligations (which shall not be unreasonably withheld, conditioned or delayed), Tenant, at its sole cost and expense, may make alterations, additions and improvements in the Premises; provided, that Tenant will not be required to make obtain Landlord’s consent for any alterations, decorationsadditions or improvements that cost less than $25,000 in the aggregate for any one project. In addition, additions, improvements, demolitions or other changes Landlord will provide a $25,000 allowance in or the first year of the Term to for certain Tenant improvements to the Leased Premises. In the performance of such work, Tenant shall have will hold Landlord harmless from any damage, loss or expense, and will comply in all material respects with all laws, ordinance, rules and regulations of any public authority, obtaining all necessary permits, approvals or authorizations. Tenant will not allow any liens to be filed against the rightPremises; in the event of filing of a lien claim Tenant will promptly take such action as may be required to remove the lien, including, without limitation, obtaining a bond, if required. All such alterations, additions and improvements to the Premises (except trade fixtures) will be the property of Landlord, and will be surrendered with the Premises upon the expiration, cancellation, or prior termination of this Lease. Upon demand by Landlord given at least thirty (30) days prior to the end of the Term, Tenant will remove any alterations, additions or improvements made by Tenant, designated by Landlord to be removed, at Tenant’s sole cost and expense, to make any reasonable unless such alterations, decorationsadditions or improvements had previously been consented to by Landlord. In such event, Tenant will repair any damage to the Premises caused by such removal, and as far as reasonably possible, return the Premises to their condition prior to making of any such alterations, improvements or additions to additions. At the Leased Premises as Tenant may desireexpiration, PROVIDEDcancellation, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon prior termination of this Lease, except for detachable Tenant will have the right to remove all trade fixtures located on the Premises, which were installed by the Tenant prior to or after the Effective Date. However, in such event, Tenant will repair all damage caused to the Premises by such installation and movable removal, returning the Premises, as far as reasonably possible, to their condition prior to installation of such trade fixtures. Trade fixtures will not be deemed to include any heating, air conditioning, ventilation, plumbing or electrical equipment, furniture and trade or other fixtures owned by Tenantrelating primarily to general usage of the building or Premises, all as opposed to fixtures specifically used for the operation of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at the Tenant’s cost and expense, any and all fixtures, equipment and other improvements particular type of business or that were installed on Leased Premises and thereafter by Tenant prior to restore or after the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to LandlordEffective Date.

Appears in 1 contract

Sources: Equity Purchase Agreement (Usa Truck Inc)

Alterations. Landlord is under no obligations to Tenant shall not make any alterations, decorationsadditions or improvements (collectively, additions, improvements, demolitions or other changes "Alterations") in or to the Leased PremisesBuilding without Landlord's prior written consent. Tenant shall have the rightonly utilize contractors approved by Landlord. Tenant shall, before making any Alterations, at Tenant’s sole cost and 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 make 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 reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERAlterations, Tenant shall not undertake any material alteration, decoration, installation or addition deliver to the Leased Premises without first obtaining (i) the written consent Landlord one set of Landlord, "as-built" plans and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest specifications therefor. All Alterations installed in the Leased Premises. Any such alterationsBuilding, decorationseither by Tenant or by Landlord on Tenant's behalf, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of Landlord and shall remain upon and be surrendered with the Building upon the expiration or earlier termination of the Lease; provided, however, that Landlord shall have the right to require Tenant to remove such alterations at Tenant's sole cost and expense upon the expiration or earlier termination of this Lease, except for detachable which required removal shall be specified by Landlord when Landlord consents to Tenant's requested alterations or shall be specified by Landlord after written request from Tenant in the event of any alteration which does not require Landlord's consent as hereinafter described. 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 movable equipment, furniture but upon removal of any such equipment and trade fixtures owned from the Building or upon removal of other installations as may be required by TenantLandlord, all Tenant shall immediately and at its expense, repair and restore the Building to the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Building due to such removal. All property that was permitted or required to be removed by Tenant at the end of the Term but which remains in the Building for 10 days after Tenant vacates the Building shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Building by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s 's expense. Notwithstanding the foregoing, Tenant may perform alterations to the Building without Landlord's prior written consent provided such alterations (or the performance thereof) do not (i) affect the mechanical, electrical HVAC, life safety, or other Building operating systems, (ii) affect the structural components of the Building or require penetration of the floor or ceiling of the Building, (iii) involve the use or disturbance of any Hazardous Materials or (iv) cost more than Twenty-Five Thousand and expense, No/100 Dollars ($25,000.00) in any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so electsone instance, and further provided that Tenant fails to remove gives Landlord prior written notice of such improvements, Landlord may remove alterations and that such improvements at Tenant’s cost, alterations (and Tenant the performance thereof) shall pay Landlord on demand as Additional Rent otherwise be in compliance with the cost provisions of repairing any damage caused by such removal. If any lien this Article 7 (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by except for the payment thereof or by the filing requirement of a bond acceptable to Landlord's consent).

Appears in 1 contract

Sources: Lease Agreement (United Stationers Supply Co)

Alterations. Landlord is under no obligations to 8.1 Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Demised Premises without first obtaining (i) the prior written consent of Landlord, and (ii) when required by any mortgageeprovided, however, Tenant shall have the written right to install unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Demised Premises without the prior consent of Landlord. In no event shall Tenant be permitted to make any mortgagee maintaining an interest in alterations or installations to the Leased roof of the Demised Premises. Any such Except as provided below, all alterations, decorationsadditions, improvements and fixtures (other than unattached, movable trade fixtures) which may be made or additions installed by either party upon the Demised Premises shall remain upon and be surrendered with the Demised Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal in which event Tenant shall remove the same and restore the Demised Premises to their original condition at Tenant’s expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the Leased floor of the Demised Premises shall be made in compliance with all local ordinances is a permanent fixture and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of Landlord without credit or compensation to Tenant. Landlord recognizes that certain trade fixtures of Tenant may be attached to the Landlord floor or walls of the Demised Premises. Tenant may remove any of its trade fixtures upon the termination of this Lease; provided Tenant is not in default under this Lease; and further provided that Tenant repairs any and all damages to the Demised Premises resulting from the removal of its trade fixtures. 8.2 All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner, except for detachable in compliance with all governmental requirements, and movable equipment, furniture and trade fixtures owned by Tenant, all the requirements of any contract or mortgage to which the Landlord may be removed a party and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business on the real property. Tenant agrees to indemnify Landlord and hold it harmless against any loss, liability of damage resulting from such work, and Tenant shall, if requested by Tenant. Landlord, furnish bond or other security satisfactory to Landlord mayagainst any such loss, nonethelessliability or damage. 8.3 Tenant agrees that all venting, require Tenant to removeopening, sealing, waterproofing or any altering of the roof shall be performed by Landlord’s roofing contractor at Tenant’s cost expense and expense, that when completed Tenant shall furnish to Landlord a certificate from Landlord’s roofing contractor that all such alterations approved by Landlord have been completed in accordance with the plans and specifications therefor approved by Landlord. Landlord represents that the roof of the Premises is in good condition and any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore replacement of the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at roof which is not caused by Tenant’s costor its employees’, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (agents’ or contractors’ negligence or willful misconduct is considered a petition capital expenditure to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, be borne by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Lease Agreement (AnythingIT, Inc.)

Alterations. Landlord Except for the work provided for in Exhibit B which is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to governed by the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERterms of Exhibit B, Tenant shall not undertake make or suffer to be made any material alterationalterations, decorationadditions or improvements to or of the Premises or any part thereof, installation or addition to the Leased Premises attach any fixtures or equipment thereto, without first obtaining (i) the Landlord’s written consent, which consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premisesshall not be unreasonably withheld. Any such alterations, decorationsadditions or improvements (except the improvements covered by Exhibit B, improvements or additions which shall be governed by the provisions of Exhibit B) to the Leased Premises consented to by Landlord shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the by Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s costaccount, and Tenant shall pay reimburse Landlord on demand as Additional Rent the cost of repairing any damage caused additional rent for all costs incurred by such removal. If any lien Landlord under this Section (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petitionincluding reasonable charges for construction administration) within thirty (30) days thereafterafter receipt of Landlord’s statement therefore. All additions, alterations or improvements to the Premises, including, without limitation, all carpeting, partitions and fixtures of any kind, shall become at once a part of the realty and belong to Landlord, except for any telephone control boxes and other telephone equipment (other than wiring), unattached and movable personal property and trade fixtures placed on the Premises by the Tenant. Prior to the expiration or sooner termination of the Term hereof, Tenant shall remove its trade fixtures and unattached and movable personal property and Tenant promptly shall repair, at Tenant’s its sole cost and expense, any damage to the Premises or the Building caused by such removal. Notwithstanding any other provisions contained in this Lease, ▇▇▇▇▇▇ agrees that upon ▇▇▇▇▇▇▇▇’s written request made at least thirty (30) days prior to the payment thereof expiration or termination of this Lease, Tenant, at its sole cost and expense, shall remove promptly any alterations, additions, improvements, personal property designated by Landlord to be removed (except for Tenant Standard Improvements) and repair any damage to the filing Premises or the Building resulting from such removal. Tenant’s obligation to remove any alterations, additions, improvements, fixtures and/or personal property and to repair any damage resulting from such removal shall survive the expiration or termination of this Lease. If Tenant fails to remove any alterations, additions, improvements, fixtures and/or personal property designated by Landlord to be removed, or if Tenant is in default hereunder, Landlord shall have the right but not the obligation to remove, store and sell the same at Tenant’s expense, and if Tenant is in default hereunder, Landlord shall be entitled to apply any proceeds of the sale to Tenant’s obligations hereunder. Should Landlord sell Tenant’s alterations, additions, improvements, fixtures or personal property pursuant to the foregoing sentence, Landlord shall have no obligation to sell the same at public auction or to conduct a bond acceptable to Landlordpublic sale. To the extent allowable, Tenant hereby waives any and all statutes and ordinances relating the disposition of abandoned or unclaimed property.

Appears in 1 contract

Sources: Office Lease (Intersearch Group Inc)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements no alterations or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased ----------- Premises without first obtaining (i) the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant shall complete any alterations authorized by Landlord in good and (ii) when required workman like manner, using contractors and pursuant to a general ▇▇▇▇▇▇ct reasonably acceptable to Landlord, fully paid for and free from liens, in accordance with plans and specifications approved by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased PremisesLandlord. In the event that Landlord so elects, and Tenant fails to remove such improvementsexercising Landlord's reasonable discretion under this paragraph 18, Landlord may remove such improvements at Tenant’s costtake into consideration the following, without limitation: the effect of any proposed alteration or addition on any base system of the Building, the need for additional power, the need to rebalance the HVAC system, the effect on other portions of the Building, the business reputation and financial qualification of the contractors and their experience with the Building, and similar factors. Tenant shall pay give Landlord at least 10 days prior written notice of the commencement of any alterations to afford Landlord the opportunity to post a notice of nonresponsibility, which notice Tenant will maintain in place throughout the period of construction. Tenant indemnifies Landlord on demand as Additional Rent account of any mechanics', materialmen's, or similar lien or encumbrance to be filed against the cost of repairing any damage caused by such removal. If any lien (Premises or a petition to establish such lien) is filed Building in connection with any alteration, such work undertaken by Tenant. Tenant shall discharge remove any such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord's satisfaction within 20 days from its recordation, and if Tenant fails to do so, Landlord may take whatever action Landlord deems necessary to remove such lien or encumbrance, without being responsible to investigate its validity. All amounts so paid and Landlord's costs, including attorneys' fees, shall be deemed additional rent under this Lease and be payable in full upon demand. Tenant shall not be required to remove any alterations or additions made by Tenant pursuant to this paragraph unless removal is made a condition of Landlord's approval.

Appears in 1 contract

Sources: Office Lease (St Mary Land & Exploration Co)

Alterations. Landlord is under Tenant shall make no obligations to make any alterations, decorationsinstallations, additionsadditions or improvements in, improvements, demolitions on or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the Landlord's prior written consent of consent, not to be unreasonably withheld. All such work shall be designed and made in a manner, and by architects, engineers, workmen and contractors, satisfactory to Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premisesits reasonable discretion. Any such All alterations, decorationsinstallations, additions and improvements (including, without limitation, paneling, partitions, millwork and fixtures) made by or additions for Tenant to the Leased Premises shall remain upon and be made in compliance surrendered with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall and become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Leased Premises; provided, Landlord may require Tenant to remove any or all of such items that are not Building standard upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Leased Premises in order to restore the Leased Premises to the condition existing at the time Tenant took possession. Landlord shall notify Tenant in writing of any such removal requirement at the time of installation of such non-Building standard items. Tenant shall bear the costs of removal of Tenant's property from the Building and of all resulting repairs thereto. Upon removal of such items, Tenant shall restore the Leased Premises to the condition existing at the time Tenant took possession, excluding normal wear and tear. Notwithstanding the foregoing, upon the expiration or earlier termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to removeshall, at Tenant’s cost Landlord's request and expenseupon written notification from Landlord, any remove all telephone and all fixtures, equipment and other improvements data wiring installed on Leased Premises and thereafter to restore by Tenant from the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing repair any damage to the Leased Premises caused by any such removal. If Tenant shall bear the costs of removal of Tenant's property from the Building and of all resulting repairs thereto. All work performed by Tenant with respect to the Leased Premises shall: (a) not alter the exterior appearance of the Building or adversely affect the structure, safety, systems or services of the Building; (b) materially comply with all Building safety, fire and other codes and governmental and insurance requirements; (c) not result in any lien usage in excess of Building standard of water, electricity, gas, heating, ventilating or air conditioning, (either during or after such work) unless prior written arrangements satisfactory to Landlord are entered into; (d) be completed promptly and in a petition good and workmanlike manner; (e) be performed in such a manner that does not cause interference or disharmony with any labor used by Landlord, Landlord's contractors or mechanics or by any other tenant or such other tenant's contractors or mechanics; and (f) not cause any mechanic's, materialman's or other similar liens to establish such lienattach to Tenant's leasehold estate. Tenant shall not permit, or be authorized to permit, any liens (valid or alleged) is filed or other claims to be asserted against Landlord or Landlord's rights, estates and interests with respect to the Building or this Lease in connection with any alterationwork done by or on behalf of Tenant, and Tenant shall discharge indemnify and hold Landlord harmless against any such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordliens.

Appears in 1 contract

Sources: Lease Agreement (Pozen Inc /Nc)

Alterations. Landlord is under no obligations Lessee will not make or allow to make be made any alterations, decorations, additions, improvements, demolitions alteration or other changes additions in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of LandlordLessor, which consent shall not unreasonably be withheld so long as such alterations or additions do not affect any structural, mechanical, electrical or plumbing items or installations in the Building and do not affect the appearance of the exterior of the Building or the appearance of the Premises from the Common Areas of the Building. Should Lessee desire to perform any alterations, Lessee shall submit plans and specifications for same to Lessor for Lessor's written approval before beginning such work. Upon receipt by Lessee of the written approval of Lessor of such plans and specifications, and (ii) when required upon payment by any mortgageeLessee to Lessor of the reasonable fees incurred by Lessor to have such plans and specifications reviewed, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any Lessee may proceed to make such alterations, decorations, improvements or additions to the Leased Premises shall be made approved alterations so long as they are in compliance with all local ordinances such approved plans and public authorities having jurisdiction thereof specifications and in are performed by a goodcontractor approved by Lessor, workmanlike and first class mannersuch approval not to be unreasonably withheld (provided that Lessor may designate the contractors to be used for structural, mechanical, electrical or plumbing work). Any and all alterations to the Leased Premises such alterations, physical additions or improvements shall become the property of the Landlord upon termination of this Lease, except for detachable Lessor and movable equipment, furniture and trade fixtures owned by Tenant, all of which may shall in no event be removed by Tenantthe Lessee including those improvements made at the Lessee's expense or under any agreement with the Lessee whereby the Lessee is given an allowance or rent reduction in exchange for Lessee's agreement to install or allow to be installed lease improvements, such as by way of example but not limitation, wall coverings, floor coverings or carpet, paneling, doors, cabinets, appliances, such as refrigerators and dishwashers and hardware. Landlord mayThe foregoing sentence shall not apply to movable, nonethelessnonattached trade fixtures of the Lessee. Notwithstanding the foregoing, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter it is the responsibility of the Lessee to restore the Leased Premises. In Premises to the event condition that Landlord existed when Lessee first took possession if Lessor so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removalrequests. If any mechanic's lien (or a petition to establish such lien) is filed against the Premises or the real estate of which the Premises form a part, which lien arises out of work done by or at the direction of Lessee, Lessee shall cause same to be discharged within 10 days after the lien is filed by Lessee paying or bonding over said lien. If Lessee fails to comply with the foregoing sentence Lessor shall (without limitation of its other rights or remedies) have the right, but not the obligation, to discharge said lien and Lessee shall immediately reimburse Lessor for any sum of money expended by Lessor in connection with any alterationobtaining such discharge (together with an additional 15 percent thereof to cover Lessor's administrative costs), Tenant which amount shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable be deemed to Landlordbe Rent hereunder for all purposes.

Appears in 1 contract

Sources: Lease Agreement (Design Automation Systems Inc)

Alterations. Landlord is under Tenant shall in no obligations event make or permit to make be made any alterations----------- alteration, decorationsmodification, additions, improvements, demolitions substitution or other changes in or change of any nature to the Leased mechanical, electrical, plumbing, HVAC , and sprinkler systems within or serving the Premises. Tenant shall have After completion of Tenant's Improvements within the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERPremises, Tenant shall not undertake make or permit any material alterationother improvements, decorationalterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises or the Building ("Alterations") without the prior written approval of Landlord. Landlord shall not unreasonably withhold or delay its consent to Alterations which do not affect the structural, mechanical, plumbing or electrical elements or systems of the Building and which are not visible from outside the Premises, provided such work conforms with the design criteria, standards and architectural guidelines for the Building. Landlord's approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, but not be limited to, the installation or addition modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings; but shall not include the initial Tenant's Improvements placed within the Premises pursuant to the Leased Premises without first obtaining (i) the written consent of LandlordSection 5. 1. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest except in the Leased Premisesinstance of cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. Any such alterations, decorations, improvements or additions to the Leased Premises All Alterations shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a goodby Landlord at Tenant's sole cost, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned payable by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationRent, Tenant shall discharge such lien (or petition) within thirty (30) days thereafterafter receipt of an invoice for same from Landlord, at which cost shall include Landlord's standard construction management fee. Tenant shall be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s sole cost and expense's Alterations. If Tenant makes any Alterations without the prior consent of Landlord, by the payment thereof or by the filing of a bond acceptable then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the cost thereof, as Additional Rent, on demand.

Appears in 1 contract

Sources: Massachusetts Full Service Office Lease (Harbor Global Co LTD)

Alterations. Landlord is under no obligations to Tenant will not make any alterations, decorationsrenovations, additions, improvements, demolitions improvements or other changes in installations in, on or to the Leased PremisesPremises or any part thereof that would alter or change any of the structural components or aspects of the Premises (“Structural Alterations”) without Landlord’s prior written approval thereof, which approval Landlord will not unreasonably withhold, condition or delay; provided, however, that Landlord may condition Landlord’s approval on Tenant’s agreement that Tenant, at the expiration or termination of this Lease, at Tenant’s cost, remove all Structural Alterations, repair all damage to the Premises caused by the installation or removal of such Structural Alteration and restore all structural components removed by Tenant. Tenant shall have the right, at Tenant’s sole cost and expense, right to make any reasonable alterations, decorations, improvements or additions to other alterations without obtaining the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, Landlord but shall make them in a good and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest workmanlike manner in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance accordance with all local ordinances applicable laws, rules and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any codes and all other valid requirements of appropriate governmental authorities. Unless Landlord at the time of approval shall require removal thereof, all Structural Alterations shall become a part of the Improvements and the property of Landlord upon expiration or other termination of this Lease. All non-structural alterations to the Leased Premises shall become the property of Landlord at the Landlord upon expiration or other termination of this the Lease; provided, except for detachable and movable equipmenthowever, furniture and trade fixtures owned by Tenant, all of which that Landlord at Landlord’s option may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost to remove some or all non-structural alterations and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing repair any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Upon Tenant’s sole cost and expensewritten request at any time not more than six (6) months before the expiration of the Term, Landlord shall notify Tenant in writing of whether Landlord elects to cause the removal by the payment thereof Tenant of some or by the filing all of a bond acceptable to LandlordTenant’s non-structural alterations.

Appears in 1 contract

Sources: Lease Agreement (Boston Gear LLC)

Alterations. Landlord is under no obligations to (a) During the Term, Tenant shall not make any alterations, decorations, additions, improvements, demolitions or other changes in or structural exterior alterations to the Leased PremisesPremises (including, without limitation, alterations to the MEP systems serving the Building (Structural Alterations) without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant must provide Landlord with a complete set of plans for any proposed Structural Alterations. Tenant shall construct all Structural Alterations in substantial accordance with the approved plans. Notwithstanding the preceding, Tenant will have the right, at Tenantwithout Landlord’s sole cost and expenseconsent, to make any reasonable alterations, decorations, improvements or additions non-structural alterations (Non-Structural Alterations) to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERinterior of the Premises. In making any Structural Alterations, Tenant shall not undertake notify Landlord at least 30 days prior to commencement of construction; and in making any material alterationStructural or Non-Structural Alterations, decorationTenant shall comply with all Legal Requirements and perform same in a good and workmanlike manner. Tenant shall promptly deliver to Landlord complete and accurate as-built plans for any Structural Alterations. In the event that Tenant’s Non-Structural Alterations consists of moving interior partitions, installation or addition to Tenant shall so notify Landlord; upon Landlord’s written request, Tenant shall provide as-built plans for the Leased Premises without first obtaining relocation of such interior partitions. (ib) the written consent of LandlordTenant’s trade fixtures, furnishings and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest equipment in the Leased PremisesPremises will remain Tenant’s property for all purposes and Tenant may remove them at its option and expense at any time on or before the Expiration Date. Any such alterations, decorations, improvements or additions to Upon the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property expiration of the Landlord upon Term or any earlier termination of this Lease, Tenant shall surrender the Premises in good condition and repair, except for detachable ordinary wear and movable equipmenttear, furniture casualty damage, and trade fixtures owned damage that Landlord has the obligation to repair under the terms of this Lease. The foregoing covenant does not obligate Tenant to remove Structural or Non-Structural Alterations or other leasehold improvements made with respect to the Premises. All Tenant Improvements and other property of Tenant not timely removed from the Premises shall become part of the Premises and will remain with the Premises upon the expiration of the Term or any earlier termination of this Lease. (c) Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic’s and other liens filed arising out of any work performed, materials furnished or obligations incurred in connection with Structural or Non-Structural Alterations. If Tenant does not procure the satisfaction or discharge of all liens for which Tenant is responsible hereunder as and when required by Tenantthis Lease, all of which may be removed by Tenant. bonding, payment or otherwise Landlord may, nonethelessupon 30 days’ prior written notice to Tenant, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore pay the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost amount of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationdischarge the same by deposit or, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expensealternatively, by the payment thereof bond or in any manner according to law, together with reasonable expenses incurred by the filing of a bond acceptable to Landlord, including all reasonable legal fees and such expenses shall be payable by Tenant as additional rent hereunder within 30 days after demand.

Appears in 1 contract

Sources: Lease Agreement (Alliance Data Systems Corp)

Alterations. Landlord is under no obligations (a) Subject to the provisions of this subparagraph (a), Tenant shall not make any alterations, decorationsadditions or improvements to the Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld; provided, however, should Tenant submit preliminary plans for making an alteration to the Premises and such plans are in form sufficient for Landlord to review the alteration contemplated by Tenant, Landlord shall respond within ten business days of its receipt of such plans, or the plans and the alteration to be made by Tenant shall be deemed approved. If the plans submitted by Tenant are insufficient for Landlord to review the contemplated alteration, Landlord shall so notify Tenant and Tenant shall revise and resubmit the plans to Landlord but the ten day time period for Landlord to act as aforesaid shall not be deemed to commence until such time as Tenant shall have submitted a sufficient plan to Landlord, as reasonably determined by Landlord. All submissions of plans to Landlord under this paragraph 5 shall be sent in accordance with the provisions of paragraph 20 hereof. Landlord may require as a condition to Tenant making any alteration to the Premises that Tenant restore the Premises to its condition as of the Commencement Date prior to Tenant vacating the Premises. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures and remove and replace interior non-structural walls, as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (b) Any and all alterations, additions, improvements, demolitions partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures and other changes in specialized equipment installed and paid for by Tenant may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or to the Leased primary structure or structural qualities of the Building and other improvements situated on the Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make repair any reasonable alterations, decorations, improvements or additions damage to the Leased Premises Premises, or to the Building as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake a result of any material alteration, decorationaddition, installation improvement, or addition repair to the Leased Premises without first obtaining (i) Premises, or the written consent removal of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements personal property or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all its employees, agents, invitees, or contractors to the Premises. Should Tenant fail to conduct any such repair within ten days of which may be removed by Tenant. written notice from Landlord, Landlord may, nonethelessat its option, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s costperform same, and Tenant shall pay remit payment to Landlord on demand as Additional Rent for the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole actual cost and expense, expense incurred by the payment thereof or by the filing of a bond acceptable to LandlordLandlord in effecting such repair immediately upon demand.

Appears in 1 contract

Sources: Lease Agreement (Trimeris Inc)

Alterations. Landlord is under no obligations MAPICS shall not make or suffer to make be made any ----------- alterations, decorations, additions, improvementschanges or improvements (collectively "Alterations") in, demolitions or other changes in on, or to the Leased PremisesSubleased Premises or any part thereof without the prior written consent of GECC. Tenant In the event GECC consents to MAPICS' performance of any Alterations, the Alterations shall be made at MAPICS' sole cost and expense and in accordance with all applicable laws, statutes, ordinances, rules and regulations, public and private, and all requirements of GECC's and MAPICS' insurance policies, and in accordance with plans and specifications approved by GECC (which approval shall not be unreasonably withheld, delayed or conditioned) prior to MAPICS' performance of the Alterations. At GECC's option, MAPICS shall pay to GECC a fee equal to fifteen percent (15%) of the cost and expense of any Alterations after the Commencement Date; said fee shall (i) be due and payable prior to performance of any Alterations, and (ii) compensate GECC for GECC's coordination, supervision and overhead resulting from said Alterations. Any contractor selected by MAPICS to perform Alterations, and all subcontractors, must first be approved in writing by GECC; moreover, at GECC's option, the necessary work shall be performed at the direction of GECC for MAPICS' account and MAPICS shall reimburse GECC for the cost thereof upon demand. Upon the expiration or sooner termination of the Sublease Term, MAPICS shall, upon demand by GECC (and provided GECC conditioned its consent to the Alterations upon same), at MAPICS' sole cost and expense, forthwith and with all due diligence remove the Alterations made by or for the account of MAPICS and designated by GECC to be removed, and MAPICS shall forthwith and with all due diligence, at MAPICS' sole cost and expense, repair and restore the Subleased Premises to the condition of the Subleased Premises on the Commencement Date, ordinary wear and tear excepted. Notwithstanding the foregoing, MAPICS shall have the right, at Tenant’s sole cost and expensewithout GECC's prior written consent, to make any reasonable alterations, decorations, improvements or additions to nonstructural Alterations involving the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, nonload-bearing movable walls and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest cubicles located in the Leased Subleased Premises. Any such alterations; provided, decorationshowever, improvements or additions that prior to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property making any Alterations of the Landlord upon termination type referred to in this sentence, MAPICS shall provide GECC with written notice of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordsaid Alterations.

Appears in 1 contract

Sources: Sublease Agreement (Mapics Inc)

Alterations. Landlord is under (a) Tenant shall make no obligations to make any improvements, alterations, decorationschanges or additions to the Premises which involve structural changes to the Premises or the Shopping Center or which affect the mechanical, plumbing, electrical or other utility systems of the Shopping Center without the Landlord's prior written approval. Before proceeding with any such improvement, alterations, changes or additions, improvementsTenant shall submit to Landlord detailed plans and specifications therefor, demolitions or other changes in or to the Leased Premisesfor Landlord's consent. Tenant shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with (i) its decision as to whether to approve the proposed improvements, alterations, changes or additions, and (ii) inspecting the same to determine whether the same are being or have been performed in accordance with the rightapproved plans and specifications therefor and with all Legal Requirements and Insurance Requirements, including, without limitation, the fees and expenses of any architect or engineer employed for such purpose. (b) On the Expiration Date or date of earlier termination of this Lease all improvements, alterations, changes and additions shall become the property of Landlord and shall be surrendered with the Premises. All fixtures installed in Premises during the Term shall be and remain a part of the Premises and shall be deemed the property of Landlord as of the date such fixtures are completed, or as of the date such fixtures are attached to or built into the Premises, and shall not be removed by Tenant. At Landlord's option, any or all of the foregoing which may be designated by Landlord shall be removed by Tenant, at Tenant’s its sole cost and expense, to make any reasonable alterations, decorations, improvements on or additions to before the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation Expiration Date or addition to the Leased Premises without first obtaining (i) the written consent date of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon earlier termination of this Lease, except for detachable and movable equipmentin which event Tenant shall restore the Premises to their condition prior to the making of such improvements, furniture and trade fixtures owned by Tenantalterations, all of which may be removed by Tenant. Landlord maychanges or additions, nonetheless, require Tenant repair any damage or injury to remove, the Shopping Center at Tenant’s its sole cost and expense. Notwithstanding the foregoing, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore Tenant shall have the Leased Premises. In the event that Landlord so elects, and Tenant fails right to remove such improvements, Landlord may remove such improvements at Tenant’s cost, its furniture and Tenant shall pay Landlord on demand bank equipment from the Premises so long as Additional Rent the cost of repairing it repairs any damage or injury to the Premises caused by such removal. If . (c) Any removal of Tenant's personal property from the Shopping Center shall be accomplished in a manner which will minimize any lien (damage or a petition injury to establish the Premises and the Shopping Center and any such lien) is filed in connection with any alteration, damage or injury shall be promptly repaired by Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s its sole cost and expense. Any personal property of Tenant not removed by Tenant prior to the Expiration Date or date of sooner termination of this Lease shall, at Landlord's option, either become the property of Landlord or shall be disposed of or stored by Landlord at Tenant's risk and expense. (d) No approval of plans or specifications by Landlord or consent by Landlord allowing Tenant to make improvements, alterations, changes or additions to the payment Premises shall in any way be deemed to be an agreement by Landlord that the contemplated work complies with any Legal Requirements or Insurance Requirements or the certificate of occupancy for the Premises or the Shopping Center, or deemed to be a waiver by Landlord of any of the provisions of this Lease. Notice is hereby given that neither Landlord, Landlord's agents, the lessor under any underlying lease of the Shopping Center, or portion thereof or by the filing holder of a bond acceptable any mortgage on the Shopping Center, or portion thereof shall be liable for any labor or materials furnished or to Landlordbe furnished to Tenant upon credit, and that no mechanic's or other liens for such labor or materials shall attach to or affect any estate or interest of Landlord or any other such party in and to the Premises or the Shopping Center.

Appears in 1 contract

Sources: Lease Agreement (Community Partners Bancorp)

Alterations. Landlord is under no obligations to The LESSEE may make any alterationsalteration, decorations, additions, improvements, demolitions addition or other changes in or to improvements on the Leased Premises. Tenant ; Provided that such alternation, addition or improvements shall have not diminish the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to value of the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material nor adversely affect the structural integrity of the building. Such alteration, decoration, installation addition or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to on the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a goodsubject to the prior written consent of the LESSOR or its successor-in-interest, workmanlike and first class mannerwhich consent must be given by the LESSOR or its successor-in-interest within forty five (45) days from the date of receipt of the LESSEE's request. Any and all alterations If the LESSOR or its successor-in-interest fails to communicate its decision on the LESSEE's request within said period, the LESSOR or its successor-in-interest shall be deemed to have approved the LESSEE's request. Such alterations, additions or improvements on the Leased Premises shall become the property of the Landlord LESSOR or its successor-in-interest upon termination of this Leasethe lease; Provided, except for detachable however, that movables, machineries, equipment and movable equipmentaccessories installed on the Leased Premises shall remain properties of the LESSEE and shall, furniture and trade fixtures owned by Tenantupon expiration of the lease, all of which may be removed by Tenant. Landlord maythe LESSEE from the Leased Premises; Provided that should the removal cause damage or injury to the Leased Premises, nonetheless, require Tenant to remove, the LESSEE shall at Tenant’s cost its own expense promptly repair and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased PremisesPremises to a condition as good as or better than that which existed prior to such damage or injury. In Without in any way affecting the event that Landlord so electsLESSEE's obligation to repair the damage or injury, the LESSEE shall deposit with the LESSOR or its successor-in-interest on or before the date of removal of the movables and Tenant fails the Contract of Lease 6 Asset Privatization Trust and Allegro Microsystems Phils., Inc. machineries and equipment installed by the LESSEE on the leased Premises the amount of ONE HUNDRED THOUSAND PESOS (P100,000.00), Philippine Currency, either in the form of cash or manager's check to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent cover the estimated cost of repairing any damage or injury which may be caused to the Leased Premises by reason of such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant Such deposit shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, be refunded by the payment thereof LESSOR or its successor-in-interest to the LESSEE upon acceptance by the filing LESSOR or its successor-in-interest of a bond acceptable to Landlordthe repaired Leased Premises.

Appears in 1 contract

Sources: Contract of Lease (Allegro Microsystems Inc)

Alterations. Landlord is under no obligations Tenant shall not make or suffer to make be made any alterations, decorationsadditions or improvements to or of the Premises or any 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. 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 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 Premises, including without limitation any partitions, movable or otherwise, and all 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 consents to the making of any alterations, additions or improvements to the Premises by Tenant, the same shall be 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 expiration 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 expiration or sooner termination of the term. Tenant, upon demand by Landlord, at Tenant'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 Landlord has notified Tenant pursuant to the terms of the preceding sentence that Tenant is not required to remove and other than typical office improvements that are generally consistent with Building standards, and Tenant, forthwith and with all due diligence, at its sole cost and expense, shall repair any damage to the Premises caused by such removal. Tenant's obligation to remove any alterations, additions, improvements, demolitions or other changes in or fixtures and/or personal property and to repair any damage from such removal shall survive the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay reimburse Landlord on upon demand as Additional Rent the cost of repairing for any damage caused reasonable expenses incurred by such removal. If any lien (or a petition to establish such lien) is filed Landlord in connection with any alterationalterations, 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 Building to reflect the Alterations. Construction of the alterations, additions, or improvements shall discharge such lien (or petition) within thirty (30) days thereafterbe completed in accordance with drawings and specifications approved in advance in writing by Landlord, at Tenant’s sole cost shall be carried out in a good and expenseworkmanlike manner, by the payment thereof or by the filing of a bond acceptable to Landlordand shall comply with all applicable laws, statutes, ordinances and governmental rules, regulations and requirements.

Appears in 1 contract

Sources: Sublease Agreement (Planetout Inc)

Alterations. Landlord is under no obligations Sublessee's right to make alterations to the Sublease ----------- Premises is subject to the provisions of Section 7.3 of the Master Lease. Unless otherwise agreed to in writing by Master Lessor at the time Sublessee first requests consent to any alterations, decorationsat the expiration or, additionsearlier termination of this Sublease, Sublessee shall: (i) remove all alterations, additions and improvements to the Sublease Premises made by Sublessee, (ii) restore the Sublease Premises to their condition prior to making such alterations, additions and improvements; and (iii) repair all damage caused in removing such alterations, demolitions additions and improvements. Sublessee agrees that the indemnification provisions of Section 10 of the Master Lease shall be deemed to include all claims, damages, costs and expenses arising out of any alterations, additions or other changes in or improvements to the Leased PremisesSublease Premises made by Sublessee. Tenant In no event shall Sublessee commence construction of any improvements in the Subleased Premises prior to Master Lessor's consent to this Sublease, and the approval of Sublessor and Master Lessor to any such proposed alterations or improvements. Provided, however, Sublessee shall have the right, at Tenant’s sole cost and expense, right to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all interior nonstructural alterations to the Leased Sublease Premises shall become which do not exceed Twenty-Five Thousand Dollars ($25,000) in cost annually, without obtaining Sublessor's prior consent; and, provided further, if Master Lessor requires removal of any such alterations at the property end of the Landlord upon termination term of this the Sublease and/or the Master Lease pursuant to the terms of the Master Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant Sublessee shall pay Landlord on demand as Additional Rent perform or shall bear the cost of repairing performing any damage caused by such removal. If any lien (removal and associated restoration, and shall indemnify and hold Sublessor harmless of all costs, expenses, claims and liabilities arising out of or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordremoval and/or restoration.

Appears in 1 contract

Sources: Sublease (Extreme Networks Inc)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to After initially opening the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERfor business, Tenant shall not undertake make or cause to be made to the Premises or the Tenant Utility Facilities any material addition, renovation, alteration, decorationreconstruction or change (collectively, installation "Alterations") (i) costing in excess of Fifteen Thousand Dollars ($15,000.00), (ii) involving structural changes or addition to additions, (iii) affecting the Leased Premises exterior storefront, fire sprinkler systems, exterior walls, floor slab, or roof of the Premises, or (iv) requiring or resulting in any penetration of the roof, demising walls or floor slab of the Premises, without first obtaining (i) the written consent of Landlord, and which consent shall not be unreasonably withheld. Tenant shall provide Landlord with not less than ten (ii10) when required by any mortgagee, days prior written notice of the written consent commencement of any mortgagee maintaining an interest Alterations in the Leased PremisesPremises and Landlord shall have the right to enter upon the Premises to post customary notices of non- responsibility with respect thereto. Any such alterationsSubject to Section 20.8, decorations, all improvements or additions to the Leased Premises by Tenant including, but not limited to, light fixtures, floor coverings and partitions and other items comprising Tenant's Work pursuant to Exhibit C, but excluding trade fixtures and signs, shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations deemed to the Leased Premises shall become be the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenantinstallation thereof. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within Within thirty (30) days thereafterafter the completion of any Alterations, Tenant shall deliver to Landlord a set of "as built" plans depicting the Alterations as actually constructed or installed. If Tenant shall make any permitted Alterations, Tenant shall carry "Builder's All Risk" insurance in an amount reasonably determined by Landlord covering the construction of such Alterations and such other insurance as Landlord may reasonably require. Any Alterations to the Premises which are required by reason of any present or future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises or the Project or of any insurance company insuring the Premises, and regardless of whether or not such Alteration pertains to the nature, construction or structure of the Premises or to the use made thereof by Tenant, shall be at Tenant’s the sole cost of Tenant regardless of whether the work is performed by Landlord or Tenant. Any Alterations to the Premises or the Tenant Utility Systems which are required by reason of any present or future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises or the Project or of any insurance company insuring the Premises, and expenseregardless of whether or not such Alteration pertains to the nature, construction or structure of the Premises or to the use made thereof by Tenant, shall be at the payment thereof sole cost of Tenant regardless of whether the work is performed by Landlord or by the filing of a bond acceptable to LandlordTenant.

Appears in 1 contract

Sources: Retail Lease (Arizona Furniture Co)

Alterations. Landlord is under Tenant shall in no obligations event make or permit to make be made any alterationsalteration, decorationsmodification, additions, improvements, demolitions substitution or other changes in or change of any nature to the Leased Premisesmechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises other than ordinary repairs in accordance with Section 3.10. Tenant shall not make or permit any other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises or the Building, which have a cost of $20,000 or more in any case ("Alterations") without the rightprior written approval of Landlord which approval will not be unreasonably withheld. Landlord's approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in the instance of cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. All Alterations shall be made at Tenant’s 's sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, cost. Tenant shall not undertake be responsible for the cost of any material alteration, decoration, installation or addition to additional improvements within the Leased Premises required by the Americans with Disabilities Act of 1990 as a result of Tenant's Alterations. If Tenant makes any Alterations without first obtaining (i) the written prior consent of Landlord, then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the cost thereof, as additional rent, on demand. All Alterations, (iia) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall immediately become the property of Landlord and (b) shall remain upon and be surrendered to Landlord with the Landlord upon termination Premises as a part thereof at the end of this the term of the Lease. Notwithstanding the foregoing, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonethelessupon notice to Tenant at the time approval of any Alternations is made, require elect that any Alternations be removed at the end of the Term, and thereupon, Tenant to removeshall, at Tenant’s cost and 's sole expense, any cause such Alterations to be removed and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased PremisesPremises to its condition prior to the making of such Alterations, reasonable wear and tear excepted. In the event that Landlord so elects, and Tenant fails to remove cause such improvementsAlterations to be removed, Landlord may remove such improvements do so at Tenant’s cost, and 's sole expense. Tenant shall pay Landlord on demand promptly reimburse Landlord, as Additional Rent additional rent, for the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationwork, Tenant which reimbursement obligation shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by survive termination of the payment thereof or by the filing of a bond acceptable to LandlordLease.

Appears in 1 contract

Sources: Operating Lease Agreement (Dynamic Materials Corp)

Alterations. Landlord is under no obligations to 15.01 Tenant shall not make any alterations or additions to the Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Tenant shall submit to Landlord plans and specifications for such work at the time Landlord’s consent is sought. Tenant shall pay to Landlord upon demand the reasonable out-of-pocket expenses of Landlord in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. Before proceeding with any permitted alteration which will cost more than $100,000 (exclusive of the costs of decorating work and items constituting Tenant’s Property), as estimated by a reputable contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form satisfactory to Landlord, or (ii) such other security as shall be satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord’s benefit, decorationsand without any representation or warranty whatsoever to Tenant in respect to the adequacy, additionscorrectness or efficiency thereof or otherwise. 15.03 Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, improvementsand shall cause alterations to be performed in compliance therewith all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, demolitions using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or other changes (b) the then standards for the Building established by Landlord. Alterations shall be performed by contractors first approved by Landlord; provided, however, that any alterations in or to the Leased Premisesmechanical, electrical, sanitary, heating, ventilating, air conditioning or other systems of the Building shall be performed only by the contractor(s) approved by Landlord. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises Alterations shall be made in compliance such manner as not to unreasonably interfere with all local ordinances or delay and public authorities having jurisdiction thereof and as not to impose any additional expense upon Landlord in a goodthe construction, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord upon termination as a result of this LeaseT▇▇▇▇▇’s making of any alterations, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent any such additional expense upon demand. Throughout the cost making of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationalterations, Tenant shall discharge carry, or cause to be carried, workmen’s compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such lien (limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or petition) within thirty (30) days thereafterbefore the commencement of alterations and, on request, at Tenant’s sole cost and expense, by reasonable intervals thereafter during the payment thereof or by the filing making of a bond acceptable to Landlordalterations.

Appears in 1 contract

Sources: Lease Agreement (Sungard Data Systems Inc)

Alterations. Landlord is under Section 11.01. Tenant shall make no obligations to make any alterations, decorationsinstallations, additionsadditions or improvements ("Alterations", improvements, demolitions or other which shall be deemed to include any changes to Alterations previously approved by Landlord) of a structural nature in or to the Leased Premises. Tenant shall have make non-structural changes only with the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, and (ii) when required by ; provided Landlord may disapprove any mortgagee, the written consent of any mortgagee maintaining an interest Alterations or decorative changes which in the Leased Premisessole opinion of Landlord harm the architectural integrity or appearance of the Building or conflict with the use of the rest of the Building. Landlord will not unreasonably withhold, delay or condition its consent to non-structural Alterations costing in the aggregate less than $10,000.00. If such Alterations are consented to by Landlord, they shall be made only by contractors or mechanics approved by Landlord at Tenant's expense. Any such alterationsAlterations must comply with applicable laws, decorationsincluding but not limited to, improvements or additions to any and all regulations governing potential asbestos containing materials. Tenant shall install and maintain the Leased Premises shall be made in compliance with all local ordinances Alterations, interior decoration and public authorities having jurisdiction thereof and appearance in a good, workmanlike and first class manner. At the time of consenting to Alterations, Landlord shall notify Tenant whether such Alterations shall be required to be removed at the expiration or earlier termination of this Lease. Any and all alterations to the Leased Premises Alternations not removed shall become the property of Landlord. If Tenant is required to remove such Alterations, Tenant shall restore the Premises to their condition immediately prior to the making of such Alterations, reasonable wear and tear excluded. Section 11.02. If Landlord upon elects to require Tenant to remove such Alterations, and such removal and restoration of the Premises are not effected by Tenant by (i) the expiration or earlier termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien ; or (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petitionii) within thirty (30) days thereafterfrom the date of notice by Landlord requiring the same, whichever is later, Tenant shall be deemed to be holding over under Article 22, Section 22.03 of this lease until such time as the Alterations are removed and the Premises restored to its prior condition, and shall remain liable for any and all consequential damages sustained by Landlord as a result. Section 11.03. Tenant shall indemnify and hold Landlord harmless from any loss, cost or expense (including reasonable attorneys' fees) incurred by Landlord as a consequence of any defects in design, materials or workmanship resulting from Tenant's Alterations. Section 11.04. Tenant shall reimburse Landlord for Landlord's reasonable costs for reviewing and approving or disapproving plans and specifications for Alterations by Tenant, including but not limited to, reasonable fees for engineers, architects and/or attorneys retained by Landlord for these purposes. Such reimbursement shall be made by Tenant to Landlord within thirty (30) days of Landlord's invoicing of Tenant. Section 11.05. If any change ("Change") to any approved Alteration increases the cost of 14 any work to be performed by Landlord ("Landlord's Work") pursuant to this Lease, Landlord shall provide Tenant with invoices documenting and evidencing such increased costs and Tenant shall reimburse Landlord for such increased costs within ten (10) days after receipt thereof. Such costs shall include the actual costs incurred by Landlord, including but not limited to, reasonable fees for engineers and architects retained by Landlord for these purposes, to revise plans and specifications for Landlord's Work to indicate work resulting from an approved Change, and to construct the Landlord's Work shown on such revised plans to the extent that such costs exceed the costs that Landlord would have had to pay to cause the Landlord's Work to be constructed (as reflected by Landlord's original plans if such Change had not been made). If such Change delays Landlord's completion of Landlord's Work, such delay period shall not be considered when determining the Commencement Date defined in Section 2.01. Section 11.06. Landlord and Tenant contemplate that at Tenant’s sole the commencement of the Term of this Lease Tenant will undertake certain Alterations shown on Exhibit B attached hereto and made a part hereof ("Initial Alterations"). By execution of this Lease the Initial Alterations are deemed approved. The Initial Alterations shall be subject to all of the provisions of this Article 11; provided that Tenant shall not be required to remove them at the expiration or earlier termination of the Term. Landlord shall have no financial obligation with respect to the Initial Alterations except that Landlord shall reimburse Tenant up to, but not more than, $281,760.00 ("Cash Allowance") of the cost of the Initial Alterations. Such sum has been calculated at a rate of $20.00 per square foot of area of the Premises. Provided that Tenant is not in default of it's obligations under this Lease, such sum shall be paid to Tenant within 30 days of presentation to Landlord of (a) the certificate of occupancy, if applicable, or such other evidence of completion of the work as is satisfactory to Landlord and expense, by (b) third party invoices and mechanics lien waivers evidencing completion of and payment for the payment thereof or by the filing of a bond acceptable to Landlordwork for which reimbursement is sought.

Appears in 1 contract

Sources: Lease Agreement (Eresearchtechnology Inc)

Alterations. Landlord is under no obligations to make any All alterations, decorationsadditions and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, improvements, demolitions or other changes in or to and improvements may only be made with the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and (ii) when required by alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any mortgageeperson and damage to any personal property, on or off the written consent leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any mortgagee maintaining an interest kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the Leased Premisesroof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and shall repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any such damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, decorationsimprovements, improvements or additions to the Leased Premises additions, and repairs made by Tenant shall be made in compliance with all local ordinances good and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Commercial Lease (Spacehab Inc \Wa\)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to alterations, additions and/or improvements, except trade fixtures installed at the Leased Premises expense of the Lessee shall become the property of the Landlord Lessor and shall remain upon and shall be surrendered with the leased Premises as a part thereof on the termination of this Leaselease. Such alterations, except additions, and improvements may only be made with the prior written consent and approval of the Lessor. If consent is granted by the Lessor for detachable the making of improvements, alterations or additions to the leased Premises, such improvements, alterations or additions shall not commence until such time as the Lessee has furnished to the Lessor a copy of all plans and movable a certificate of insurance showing coverage in an amount satisfactory to the Lessor protecting the Lessor from liability for injury to any person and damage to any personal property, on or off the leased Premises, in connection with the making of such improvements, alterations or additions. No cooling tower, equipment, furniture or structure of any kind shall be placed on the roof or elsewhere on the leased premises by the Lessee without prior written permission of the Lessor. If such permission is granted, such work or installation shall be done at the Lessee's expense and trade fixtures owned by Tenantin such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, all of equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and reinstall the cooling tower, equipment or structure at the Lessee's expense and repair at the Lessee's expense any damage which may result from such removal or reinstallation. Upon termination of this lease, Lessee shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Tenantthe Lessor. Landlord may, nonetheless, require Tenant to removeLessee shall promptly repair, at Tenant’s cost and its expense, any damages resulting from such removal. At the termination of this lease, ▇▇▇▇▇▇ shall deliver the leased Premises in good and all fixturesreasonable condition, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premisesnatural deterioration only excepted. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any Any damage caused by such removalthe installation of trade fixtures shall be repaired at the Lessee's expense prior to the expiration of the lease term. If any lien (or a petition to establish such lien) is filed in connection with any alterationAll alterations, Tenant shall discharge such lien (or petition) within thirty (30) days thereafterimprovements, at Tenant’s sole cost additions and expense, repairs made by the payment thereof or by the filing of a bond acceptable to LandlordLessee shall be made in good and workmanlike manner.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Landlord is under no obligations to make any alterationsAfter the Initial Improvements are complete, decorations, additions, improvements, demolitions except for non-structural improvements and alterations in the aggregate amount of $50,000.00 or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERless per improvement, Tenant shall not undertake make or allow to be made any material alterationalterations, decoration, installation additions or addition improvements (“Alterations”) to the Leased Premises without first obtaining (i) the prior written consent of Landlord, in ▇▇▇▇▇▇▇▇’s sole discretion. Tenant shall deliver to Landlord the contractor’s name, state license number, a certificate of liability insurance naming Landlord and, at Landlord’s option, Landlord’s Lender(s) as an additional insured, as well as full and (ii) when required by complete plans and specifications of all such Alterations and any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements subsequent modifications or additions to the Leased Premises such plans and specifications, and no proposed work shall be made in compliance with all local ordinances commenced or continued by Tenant until Landlord has received and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property given its written approval of each of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenantforegoing. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, shall either approve or disapprove any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) proposed Alteration within thirty (30) days thereafterfollowing receipt of all of the foregoing items, and if ▇▇▇▇▇▇▇▇ fails to deliver notice of disapproval within thirty (30) days following receipt of all the foregoing items, ▇▇▇▇▇▇▇▇’s consent is deemed granted. Landlord’s consent or comments on any such plans shall not be deemed an express or implicit covenant or warranty that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any Laws, ordinances, or building codes. ▇▇▇▇▇▇ will indemnify, protect, defend and hold Landlord and the Indemnified Parties, and the Premises harmless for, from and against any loss, damage, liability, claims, cost or expense, including attorneys’ fees and costs, incurred as a result of any defects in design, materials or workmanship resulting from ▇▇▇▇▇▇’s Alterations to the Premises. All Alterations which are not permanently affixed to the Premises shall remain the property of Tenant, unless otherwise agreed in writing. At the expiration or termination of the Lease, Landlord may require Tenant to remove any partitions, counters, railings, telephone and telecommunications lines, cables, conduits and equipment and/or other improvements installed by Tenant, and Tenant shall repair all damage resulting from such removal or shall pay to Landlord all costs arising from such removal if Landlord demands the removal of such improvements upon expiration or termination of this Lease and Tenant fails to remove and repair the Premises prior to Tenant’s vacation thereof. All Alterations shall be done in a good and workmanlike manner and in compliance with the plans and specifications approved by Landlord and in compliance with all applicable Laws and as-built plans and specifications shall be provided to Landlord by Tenant upon completion of the work. If required by Landlord, Tenant shall secure at Tenant’s sole own cost and expenseexpense a completion and lien indemnity bond or other adequate security, by the payment thereof or by the filing of a bond acceptable in form and substance reasonably satisfactory to Landlord. Tenant shall reimburse Landlord for Landlord’s reasonable charges (including any professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to time) for reviewing and approving or disapproving plans and specifications for any proposed Alterations.

Appears in 1 contract

Sources: Absolute Net Ground Lease Agreement (Zoned Properties, Inc.)

Alterations. Landlord is under no obligations to make any No alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements shall be made to the Leased Premises. Building 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 which shall have the rightnot be unreasonably withheld, at Tenantconditioned or delayed provided, however, Landlord’s sole cost and expense, to make any reasonable approval shall not be required in connection with alterations, decorations, additions or improvements each costing Fifty Thousand ($50,000.00) Dollars or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining less so long as: (i) the written consent of Landlord, Tenant has obtained all requisite governmental permits and approvals; and (ii) when required by the alterations, additions or improvements are non-structural in nature and do not affect any mortgageeof the Building’s mechanical or other systems; (iii) upon the completion of each alteration, addition or improvement Tenant provides Landlord notice thereof; and (iv) if the written consent relocation of any mortgagee maintaining an interest walls is involved in the Leased Premisesalteration, addition or improvement, Tenant provides to Landlord CAD drawings of the work in question (collectively, “Permitted Alterations”). Any such All alterations, decorations, additions or improvements or additions made by Tenant and all fixtures attached to the Leased Premises shall be made in compliance with all local ordinances Building (other than trade fixtures such as moveable walls and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises cubicles) shall become the property of Landlord and remain at the Building or, at Landlord’s option, after written notice to Tenant, any or all of the foregoing which may be designated by Landlord at the time Landlord’s approval is requested or concerning a Permitted Alteration upon Tenant’s request in writing, 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 Building caused by the installation or removal. However, Landlord acknowledges that none of the Tenant Work need be removed by Tenant upon the expiration or sooner termination of this Lease. Notwithstanding anything in this Lease, except for detachable and movable equipment, furniture and trade fixtures owned unless otherwise requested by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationwriting, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost remove all Direct Tenant Work and expense, shall repair all damage to the Building caused by the payment thereof installation or by removal of such Direct Tenant Work. Except as set forth in this Lease, Tenant shall not erect or place, or cause or allow to be erected or placed, any sign, advertising matter, lettering, stand, booth, showcase or other article or matter in or upon the filing Building which is visible from the exterior of a bond acceptable to Landlordthe Building, without the prior written consent of Landlord which shall not be unreasonably withheld. Tenant shall not place weights anywhere beyond the safe carrying capacity of the structure.

Appears in 1 contract

Sources: Lease Agreement (MEDecision, Inc.)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, (1) Tenant shall ensure that the construction and installation of all improvements, demolitions alterations or other changes renovations (the “Alterations”) are in conformance with the most recent version of the final record drawings approved by Landlord and all specifications and requirements of this Lease relating to such Alterations. Landlord may, at any time, prepare and provide to Tenant a letter or notice of any observed defects, deficiencies or deviations between the Alterations constructed or installed and the most recent version of the final record drawings approved by the Landlord, or any specification or requirement of this Lease. Within thirty (30) days of Landlord’s notification, Tenant shall promptly correct or address the issue(s) or propose to Landlord a reasonable schedule for correcting or addressing the issue(s). The schedule shall be subject to the Leased Premiseswritten consent of the Landlord which consent shall not be unreasonably withheld or delayed. If Tenant fails to correct or address undisputed issue(s) identified by Landlord within 20 days, Landlord shall have the right, at Tenant’s sole cost and expense, but not the obligation to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the repairs, corrections, mitigation, replacements, renovation or changes Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, deems appropriate (at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, its sole discretion) and Tenant shall pay promptly reimburse Landlord on demand for all costs, fees and other expenses incurred in relation to such repairs, corrections, mitigation, replacements, renovations and changes and such amounts shall be due and payable as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) Rent” within thirty (30) days thereafterfrom Landlord’s issuance of written notice to ▇▇▇▇▇▇. (2) During the Term, at Tenant’s sole cost the Tenant may make such Alterations subject to the mutual written approval of both Tenant and expenseCounty. Where such Alterations necessitate or require the review and/or preparation of an environmental impact report, negative declaration or mitigation monitoring and reporting program or supplement to any existing document or report under the California Environmental Quality Act (as solely determined by the payment thereof Landlord), then Tenant shall fully comply with such requirements and pay for all costs and expenses associated with or by the filing of a bond acceptable related to Landlordsuch compliance, including all litigation costs, expenses and attorneys’ fees related thereto.

Appears in 1 contract

Sources: Ground Lease

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises15.01. Tenant shall have the right, at Tenant’s sole cost and expense, to not make any reasonable alterations, decorations, improvements alterations or additions to the Leased Demised Premises, or make any holes or cuts in the walls, ceilings, roofs or floors thereof, or change the architectural treatment of the Demised Premises as without the Landlord's prior written consent, which consent shall not be unreasonably withheld; provided, however, the Tenant may desire, PROVIDED, HOWEVERmake non-structural alterations or improvements to the Demised Premises consistent with the use of said Demised Premises for the Permitted Use by giving prior written notice to the Landlord. Tenant shall submit to Landlord plans and specifications for such work at the time notice is given to Landlord or at any time requested by Landlord. Further, Tenant shall be permitted to construct and run communication conduit, not undertake any material alterationin excess of 4" in diameter, decoration, installation or addition subject to the Leased Premises without first obtaining (i) the Landlord's prior written consent of detailed plans and specifications for any such conduit work and provided further such work does not in Landlord, and (ii) when required by any mortgagee, 's sole judgment adversely affect the written consent rights of any mortgagee maintaining an interest other tenants or lawful occupants in the Leased PremisesBuilding or adversely affect the rights and obligations of Landlord herein. Any such alterationsWithout respect to whether, decorationsin fact the alterations are constructed, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay to Landlord on upon demand the reasonable cost and expense of Landlord for (a) reviewing the plans and specifications; (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. With respect to any alteration, estimated to cost more than Ten Thousand ($10,000.00) Dollars, Tenant shall pay to Landlord, as an Additional Rent Charge, within five (5) days after demand, fifteen (15%) percent of the cost of repairing any damage caused by such removalalterations for indirect job costs, general conditions and coordination of the work. If any lien (Notwithstanding the foregoing, such Additional Charge of 15% described in the previous sentence shall not apply to Tenant's alterations performed on or a petition to establish such lien) is filed in connection with any about the Commencement Date. Upon the completion of each alteration, Tenant shall discharge such lien (deliver to the Landlord a certificate signed by an officer of Tenant, in form and substance reasonably satisfactory to Landlord, certifying the cost of the alteration. Before proceeding with any alterations, Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or petition) within thirty (30) days thereafterapproval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, at Tenant’s sole cost and expensewithout any representation or warranty whatsoever to Tenant in respect to the adequacy, by the payment correctness or efficiency thereof or by the filing of a bond acceptable to Landlordotherwise.

Appears in 1 contract

Sources: Lease Agreement (Access Integrated Technologies Inc)

Alterations. Landlord is under (a) Tenant shall make no obligations to make any improvements, alterations, decorationschanges, or additions to the Premises without the prior written consent of Landlord. Tenant shall reimburse Landlord for all reasonable expenses incurred by Landlord in connection with approving and inspecting said improvements, alterations, changes or additions. (b) All improvements, alterations, changes, additions, improvements, demolitions or other changes in or and fixtures are the property of Landlord upon termination and expiration of the Lease and shall be surrendered with the Premises. (c) Tenant shall cause no damage to the Leased PremisesPremises and the Building from removal of Tenant's personal property from the Building. Any such damage or injury to the Premises and the Building shall be promptly repaired by Tenant shall have the right, at Tenant’s its sole cost and expense. Any personal property of Tenant not removed by Tenant prior to the Expiration Date or date of sooner termination of this Lease shall, at Landlord's option, either become the property of Landlord or shall be disposed of or stored by Landlord at Tenant's risk and expense. (d) No approval of plans or specifications by Landlord or consent by Landlord allowing Tenant to make any reasonable improvements, alterations, decorations, improvements changes or additions to the Leased Premises as Tenant may desireshall in any way be deemed to be an agreement by Landlord that the contemplated work complies with any Legal Requirements or Insurance Requirements or the certificate of compliance for the Building, PROVIDED, HOWEVER, or deemed to be a waiver by Landlord of any of the provisions of this Lease. Tenant shall not undertake any material alterationconstruct all approved improvements, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements changes or additions to the Leased Premises shall be made in a good and workmanlike manner, free of all defects and in compliance with all local ordinances Legal Requirements and public authorities having jurisdiction thereof Insurance Requirements. Neither Landlord, Landlord's agents, nor the holder of any mortgage on the Land and Building shall be liable for any labor or materials furnished or to be furnished to Tenant upon credit, and no mechanic's or materialmen's or other liens for such labor or materials shall attach to or affect any estate or interest of Landlord or any other such party in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become Premises, the property of Land and the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by TenantBuilding. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent not permit any mechanics' or materialmen's lien to attach, be placed or filed against the cost Premises, the Building or the Land arising out of repairing any damage caused by such removal. If any work prosecuted under Paragraph 4(j) or this Paragraph 13; and if such a lien (or a petition to establish such lien) is filed in connection with any alterationif filed, Tenant shall discharge satisfy, bond off, or otherwise cause such lien to be canceled or discharged within ten (or petition) within thirty (3010) days thereafter, at of Tenant’s sole cost and expense, by the payment thereof or by the filing 's receipt from Landlord of a bond acceptable to Landlordwritten notice of any such lien.

Appears in 1 contract

Sources: Lease Agreement (On Technology Corp)

Alterations. Landlord is under no obligations to make any All alterations, decorationsadditions and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part of thereof on this lease. Such alterations, additions, improvements, demolitions or other changes in or to and improvements may only be made with the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and (ii) when required by alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any mortgageeperson and damage to any personal property, on or off the written consent leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any mortgagee maintaining an interest kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the Leased Premisesroof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any such damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, decorationsimprovements, improvements or additions to the Leased Premises additions, and repairs made by Tenant shall be made in compliance with all local ordinances good and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Commercial Lease (Design Automation Systems Inc)

Alterations. Landlord is under no obligations to make any No alterations, decorations, additions, improvements, demolitions repairs or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance the demised premises except in accordance with detailed plans and specifications approved in advance and in writing by Landlord, which approval shall not be unreasonably withheld or delayed. Tenant shall, before making any alterations, additions or improvements, at its expense, obtain all local ordinances permits, approvals and public authorities having jurisdiction certificates required by any governmental body or regulatory authority and immediately upon completion shall obtain certificates of final approval thereof and in a goodshall promptly deliver duplicates of all such permits, workmanlike approvals and first class mannercertificates to Landlord. Any All such alterations, additions, repairs or improvements made by Tenant and all alterations fixtures attached to the Leased Premises demised premises 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 upon shall be removed at the cost of the Tenant before the expiration or sooner termination of this LeaseLease and in such event Tenant shall restore the premises to the condition existing prior to installation thereof and repair all damage to the demised premises caused by the installation and removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the demised premises after Tenant's removal shall be deemed abandoned and may, except for detachable and movable equipmentat the election of Landlord, furniture and trade fixtures owned by Tenant, all of which either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall not erect or place or cause or allow to be erected or placed, any sign, advertising matter, lettering, stand, booth, showcase or other article or matter in or upon the doorsteps, vestibules, lobbies, passages, outside walls, windows or sidewalks of the Building in which the demised premises are located. Landlord mayapproves Tenant alteration/addition/repair/improvement plan attached as Exhibit "B", nonetheless, require and exempts construction pursuant to such plan from the above-noted obligations of Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter restore to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordpre-existing condition.

Appears in 1 contract

Sources: Lease Agreement (Discovery Laboratories Inc /De/)

Alterations. In this Lease "Alterations" means any construction in, alteration of, replacement in, installation in, removal from or decoration of the Premises and any fixtures, including tenant fixtures, in the Building including without limitation the Premises and the Common Areas, whether made by or on behalf of the Tenant during the Term or made by or on behalf of the Tenant or any previous tenant of the Premises or any part thereof prior to the Term and without limiting the generality of the foregoing, includes all improvements existing at the Commencement Date or at any time thereafter built by anyone in the Premises, including, without limitation, all walls and partitions which are not load-bearing, the interior decorated or finished surfaces of all perimeter and load-bearing walls and floor slabs, all non-standard ceilings and ceiling light fixtures, all interior windows, all entrance doors, all mechanical and electrical conduits, wiring, fixtures and equipment, all floor tile, carpeting and wall covering and all other fixtures of all kinds but excluding Building Systems. The Tenant shall not make or cause to be made any Alterations without in each case the prior written consent of the Landlord is under no obligations to make any alterationswhich, decorationsin the case of Alterations in, additions, improvements, demolitions or other changes in on or to the Leased Premises, shall not be unreasonably withheld. Without limiting the generality of the foregoing, the Tenant agrees that the Tenant will not alter or ▇▇▇▇ the exterior walls or doors of the Premises or the finishing of the lobby on any multi-tenant floor of the Building upon which the Premises or any part thereof are situate. When applying for any such consent, the Tenant shall have submit to the rightLandlord details of the proposed work including drawings and specifications prepared by qualified architects or engineers conforming to good engineering practice, and in compliance with any tenant construction guidelines from time to time established for the Building by the Landlord. Subsequent to obtaining the Landlord's consent and prior to commencement of any Alterations, the Tenant shall deliver to the Landlord the building permit covering the Alterations and a copy of the executed construction contract. The Tenant shall pay to the Landlord upon demand a reasonable fee to compensate the Landlord for the cost of review and approval of the plans and specifications including any fees charged by an architect or engineer employed by the Landlord for such review and for additional administrative costs incurred in monitoring the Alterations. If the Landlord consents to any Alteration, such Alteration shall be made by the Tenant at the Tenant’s 's sole cost and expense and any other work which the Landlord considers necessary, acting reasonably, as a result thereof shall be done either by the Landlord or by the Tenant, as the Landlord may determine, but in any event at the Tenant's sole cost and expense. Any contractor or person selected by the Tenant to make any Alterations must first be approved in writing by the Landlord. The Landlord reserves the right, either by itself or by its contractors, to make any reasonable alterations, decorations, improvements or additions to Alterations affecting the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Building Systems which is required by reason of any Alterations requested by the Tenant. The Tenant shall not undertake any material alterationprovide, decorationat its expense, installation or addition such completion, performance and/or payment bonds as the Landlord considers necessary with respect to Alterations. The Tenant shall also require its contractor to maintain insurance in amounts and in such form as the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased PremisesLandlord may require. Any such alterationsand all Alterations, decorations, improvements or additions to maintenance and repair undertaken by the Leased Tenant in connection with the Premises shall be made completed in compliance accordance with all local ordinances plans and public authorities having jurisdiction thereof and specifications approved by the Landlord, shall be carried out in a good, workmanlike and first class mannerprompt manner and at such times and in such manner as the Landlord may approve and in accordance with the Rules and Regulations and the Tenant shall comply with all applicable statutes, laws, ordinances, regulations, rules, orders and requirements of authorities having jurisdiction thereof, and shall be subject to supervision by the Landlord or its employees, agents or contractors. Any Without the Landlord's prior written consent the Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations except for access and deliveries. All Alterations and all alterations to the Leased Premises such access and deliveries shall become the property of be in accordance with any guidelines established therefor by the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned from time to time. The Landlord may elect to construct the Alterations desired by Tenant, all of which may be removed by the Tenant. If the Landlord mayso elects, nonetheless, require the Tenant to remove, at Tenant’s cost and expense, shall reimburse the Landlord for any and all fixturesreasonable costs therefor (including, without limitation, the costs of design, labour, materials, equipment and other improvements installed the Landlord's cost of review, approval and supervision of the construction of the Alterations by the Landlord or by consultants on Leased Premises and thereafter behalf of the Landlord) within ten (10) days after receipt of the Landlord's invoice. Failure of the Tenant to restore pay the Leased Premisesinvoiced costs within such ten (10) day period shall constitute a default under the terms of this Lease in like manner to failure to pay Rent when due. In the event that of any such failure of the Tenant to pay such costs when due, the Landlord so electsshall thereby be entitled without cost, obligation or liability of any kind or in any amount whatsoever, to discontinue the construction of any Alterations. If the Alterations which the Tenant causes to be constructed result in the Landlord being required to make any changes in or to other portions of the Building in order to comply with any applicable statutes, laws, ordinances, regulations, rules, orders or requirements, including without limitation, ordinances intended to provide full access to handicapped persons, the Tenant shall reimburse the Landlord upon demand for all costs and expenses incurred by the Landlord in making such changes. The Tenant fails shall not cause or permit any Alterations to remove such improvementsbe made under the terms of a conditional sale or similar contract; and shall not permit any notice of a conditional sale or like contract to be filed affecting the title to the Building. At the end of the Term the Tenant will, except as the Landlord may remove such improvements at Tenant’s costotherwise agree, restore the Premises and the light fixtures and other facilities and equipment therein to the Building standard if and to the extent that the Tenant shall pay Landlord on demand as Additional Rent has substituted alternate fixtures and equipment prior to the cost commencement of repairing any damage caused by such removalthe Term or during the Term. If any lien (Alteration consists of ceilings or a petition floor coverings which restrict access to establish utility lines or Building Systems, the Tenant specifically acknowledges and agrees that the Landlord shall be entitled to cut through the same whenever and so often as the Landlord or any persons authorized by the Landlord require access through such lien) is filed in connection with any alteration, ceilings or floor coverings to those utility lines or Building Systems; and the Tenant shall discharge be solely responsible for the restoration and shall promptly restore such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost ceilings and expense, by the payment thereof or by the filing of a bond acceptable to Landlordfloor coverings.

Appears in 1 contract

Sources: Office Lease (Achieve Life Sciences, Inc.)

Alterations. Landlord is under no obligations Tenant shall not make or allow to make be made any alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements (“Alterations”) to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Tenant shall deliver to Landlord the contractor’s name, state license number (if applicable), a certificate of liability insurance naming Landlord and, at Landlord’s option, Landlord’s Lender(s) as an additional insured, as well as full and (ii) when required by complete plans and specifications of all such Alterations and any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the Leased foregoing. Landlord shall either approve or disapprove any proposed Alteration within thirty ten (10) days following receipt of the applicable plans and specifications, and if Landlord fails to deliver notice of disapproval within ten (10) days following receipt of the applicable plans and specifications, ▇▇▇▇▇▇▇▇’s consent shall be deemed given. Landlord’s consent or comments on any such plans shall not be deemed an express or implicit covenant or warranty that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any Laws, ordinances, or building codes. Tenant will indemnify, protect, defend and hold Landlord and the Landlord Parties, and the Premises harmless for, from and against any loss, damage, liability, claims, cost or expense, including attorneys’ fees and costs, incurred as a result of any defects in design, materials or workmanship resulting from ▇▇▇▇▇▇’s Alterations to the Premises. All Alterations which are not permanently affixed to the Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become remain the property of the Landlord upon Tenant until termination of this Lease, except for detachable at which time they shall, unless otherwise elected by Landlord by written notice to Tenant, be and movable equipmentbecome the property of Landlord. At the expiration or termination of the Lease, furniture Landlord may require Tenant to remove any partitions, counters, railings, telephone and trade fixtures owned telecommunications lines, cables, conduits and equipment and/or other improvements installed by Tenant, and Tenant shall repair all damage resulting from such removal or shall pay to Landlord all costs arising from such removal if Landlord demands the removal of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other such improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, upon expiration or termination of this Lease and Tenant fails to remove such improvementsand repair the Premises prior to Tenant’s vacation thereof. All Alterations shall be done in a good and workmanlike manner and substantially in compliance with the plans and specifications approved by Landlord and in compliance with all applicable Laws and as-built plans and specifications shall be provided to Landlord by Tenant upon completion of the work. If required by Landlord, Landlord may remove such improvements Tenant shall secure at Tenant’s costown cost and expense a completion and lien indemnity bond or other adequate security, in form and Tenant shall pay Landlord on demand as Additional Rent substance reasonably satisfactory to Landlord. Notwithstanding the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationforegoing, Tenant shall discharge such lien (be permitted to make interior, nonstructural alterations or petition) within thirty (30) days thereafter, at Tenantadditions costing less than $50,000 without Landlord’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordconsent.

Appears in 1 contract

Sources: Absolute Net Lease Agreement (Zoned Properties, Inc.)

Alterations. Landlord is under no obligations Lessee shall have the right from time to time both before and after the completion of the Permitted Improvements and at Lessee’s sole cost and expense to make any alterations, decorations, additions, improvementsalterations and changes, demolitions structural or other changes otherwise in or to the Leased Premises. Tenant shall have Premises as is reasonably required to conduct the rightPermitted Use in compliance with the provisions of this Lease, at Tenant’s sole cost and expensesubject, to make any reasonable alterationshowever, decorations, improvements or additions in all cases to the Leased Premises following: (a) Except as Tenant may desireset forth herein, PROVIDED, HOWEVER, Tenant no alteration shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining be made which would tend to (i) materially change the written consent general design, use, character or structure of Landlordthe Solar Energy Facility, and or (ii) when required by reduce or impair, to any mortgageematerial extent, the use of the Solar Energy Facility for the generation of electricity, subject to Applicable Legal Requirements and safety standards (any such alteration, a “Substantial Alteration”). (b) No Substantial Alteration shall be commenced except after prior written notice to and consent from Lessor, which consent shall not be unreasonably conditioned, withheld or delayed by Lessor. (c) Substantial Alterations shall not include any repairs or replacement of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions parts to the Leased Premises Permitted Improvements, as set forth in Section 2.1 and Exhibit B. (d) Any Substantial Alteration shall be conducted under the supervision of a contractor, architect or engineer selected by Lessee and approved in writing by Lessor, which approval shall not be unreasonably conditioned, withheld or delayed, and no such Substantial Alteration shall be made except in accordance with detailed plans and specifications and cost estimates prepared and approved in writing by such contractor, architect or engineer and approved in writing by Lessor, which approval shall not be unreasonably conditioned, withheld or delayed. (e) Any alteration or Substantial Alteration shall be made with reasonable dispatch (Force Majeure events excepted) and in keeping with Prudent Solar Industry Practice and in compliance with all local ordinances applicable permits and public authorities having jurisdiction thereof authorizations and in a good, workmanlike buildings and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so electszoning laws, and Tenant fails with all other Applicable Legal Requirements. (f) At or prior to remove such improvementscompletion of any Substantial Alteration, Landlord may remove such improvements at Tenant’s cost, Lessee will provide Lessor with complete copies of all final plans and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordspecifications therefor not previously provided.

Appears in 1 contract

Sources: Site Lease Agreement

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises21.1. Tenant shall have not make any Alteration to the rightPremises except as provided herein. Any Alteration desired by Tenant shall be made, at Tenant’s sole 's expense, only after Tenant submits reasonably detailed final plans and specifications to Landlord and obtains Landlord's consent to the requested Alteration and approval of such plans and specifications, which consent and approval shall not be unreasonably withheld. Landlord shall have a period of fourteen (14) days after the date on which Landlord receives such plans and specifications in which to approve such plans and specifications or to request corrections or changes thereto. If Landlord neither approves nor disapproves the such plans and specifications within such fourteen (14) day period, then Landlord shall be deemed to have approved the such plans and specifications. If Landlord disapproves of all or any portion of such plans and specifications, Landlord shall give Tenant a written explanation of the reason(s) for such disapproval and the corrections or changes that are necessary for Landlord to approve such plans and specifications. Landlord and Tenant shall fully cooperate with one another to revise such plans and specifications until they are acceptable to Landlord and Tenant. The construction of any Alteration shall be performed only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall construct any such Alteration in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent, which consent shall not be unreasonably withheld. If the proposed change requires the consent or approval of the holder of a mortgage encumbering the Project, such consent or approval must be secured prior to the construction of such Alteration. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All construction work shall be done at such times and in such manner as Landlord may from time to time reasonably designate. Any such Alteration shall be in material conformity with all Laws and in full compliance with the requirements of any mortgages encumbering the Project and any insurance policies relating to the Project and excepting movable furniture, Tenant's Trade Fixtures, machinery and other trade equipment, shall become part of the realty and belong to Landlord. Notwithstanding anything to the contrary contained in this Section 21.1, Tenant shall not be required to remove any of the Tenant Improvements. Tenant shall not be required to remove any Alteration requiring Landlord's consent unless Landlord shall notify Tenant in connection with Landlord's approval of the plans and specifications therefor, whether Tenant shall be required to remove such Alteration at the expiration of the Term. Landlord agrees that such determination will be made using its reasonable judgment. Landlord's consent shall not be required for any Alteration or Alterations which would cost not more than $10,000 per annum in the aggregate. 21.2. Before commencing any construction work, whether or not Landlord's consent is required, Tenant shall give Landlord at least ten (10) days' written notice of the proposed commencement of such work to allow Landlord to post and record, at Tenant's expense, notices of non-responsibility. Tenant shall, if required by Landlord, secure at Tenant's own cost and expense, reasonably appropriate insurance and, if the cost of the work exceeds $10,000, a completion and lien indemnity bond reasonably satisfactory to make Landlord for any reasonable alterationssaid work. Tenant further covenants and agrees that any mechanic's lien or other lien filed against the Premises or against the Building for work claimed to have been done for, decorationsor materials claimed to have been furnished to, improvements or additions to Tenant will be discharged by Tenant as provided in the Leased Premises as Tenant may desire, PROVIDED, HOWEVERArticle titled "Mechanics Liens" below. Upon completion of any work, Tenant shall not undertake record a notice of completion sufficient under applicable mechanic's' lien Laws. 21.3. Tenant may install trade fixtures, machinery, or other trade equipment in material conformance with all Laws and in full compliance with the requirements of any material alteration, decoration, installation or addition mortgages encumbering the Project and any insurance policies relating to the Leased Premises without first obtaining (i) the written consent of LandlordProject, and (ii) when required by any mortgagee, the written consent provided that Landlord has advised Tenant in writing of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements requirements of any such mortgage or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordpolicies.

Appears in 1 contract

Sources: Net Industrial Lease (Lmi Aerospace Inc)

Alterations. Landlord is under no obligations to make any All alterations, decorations, additions, additions and improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the rightexcept trade fixtures, installed at expense of Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of Landlord and shall remain upon and be surrendered with the Landlord upon leased premises us a part thereof on the termination of this Leaselease. Such alterations, except additions, and improvements may only be made with the prior written consent of Landlord which consent shall not be unreasonably withheld. If consent is granted for detachable the making of improvements or alterations to the leased premises, such improvements and movable equipmentalterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting landlord from liability for injury to any person and damage to any personal property, furniture and trade fixtures owned on or off leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment or structure of any kind shall be placed on the roof or elsewhere on the leased premises by TenantTenant without prior written permission of Landlord. If such permission is granted, all of which may such work or installation shall be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, done at Tenant’s cost 's expense and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore in such a manner that the Leased Premisesroof shall not be damaged thereby. In the event that Landlord so elects, and Tenant fails If it becomes necessary to remove such improvementscooling tower, Landlord may equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly remove such improvements and reinstall the cooling tower, equipment or structure at Tenant’s cost's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination or thus lease, and Tenant shall pay Landlord on demand as Additional Rent remove or cause to be removed from the cost roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. At the termination of repairing any this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by such removalthe installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. If any lien (or a petition to establish such lien) is filed in connection with any alterationAll alterations, improvements, additions, and repairs made by Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost be made in good and expense, by the payment thereof or by the filing of a bond acceptable to Landlordworkmanlike manner.

Appears in 1 contract

Sources: Commercial Lease (Decorize Inc)

Alterations. Landlord is under no obligations to (a) Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes improvements in or to the Leased PremisesPremises or any part thereof without Landlord's prior written consent (which will not be unreasonably withheld or delayed). Notwithstanding the preceding sentence, Tenant shall have the right, at Tenant’s sole cost and expense, to may make any reasonable such alterations, decorationsadditions or improvements without Landlord's consent if such alterations, additions or improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall will be made in compliance with all local ordinances applicable laws, codes, rules, regulations and public authorities having jurisdiction thereof ordinances, (ii) will not affect in any way the structural, exterior or roof elements of the Premises or adversely affect the mechanical, electrical, plumbing, utility or life safety systems of the Premises, and (iii) will have an estimated project cost of less than Fifty Thousand Dollars ($50,000). In no event shall Tenant be permitted to install underground storage tanks or fuel systems on the Premises. Landlord's refusal to consent to the installation of an underground tank or fuel system shall be conclusively presumed to be reasonable. (b) All alterations, additions or improvements 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 Tenant. Such plans and specifications shall be prepared by licensed architect(s) and/or engineer(s), shall comply with all applicable codes, ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a goodform sufficient to secure the approval of all government authorities with jurisdiction over the Premises, workmanlike and first class manner. Any shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. (ii) Landlord shall notify Tenant in writing within fifteen (15) days whether Landlord approves or disapproves such plans and all alterations to specifications; Landlord shall describe the Leased Premises shall become the property reasons for any such disapproval which reasons must be based on either noncompliance with law or insurance policies, on reduction of the Landlord value or utility of the Premises, or on Tenant's refusal to remove such alterations or to restore the Premises to their condition immediately prior to such work upon the expiration or earlier termination of this Lease. If Landlord does not respond within such 15 day period, except for detachable and movable equipmentTenant may send a second notice, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant prominently marked "Second Notice--Failure to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so electsRespond Will Result in Deemed Approval", and if Landlord fails to respond within ten (10) business days, the proposed plans and specifications shall be deemed approved. Tenant fails may submit to Landlord revised plans and specifications for Landlord's prior written approval, which approval shall not be withheld or delayed if (a) the work to be done would not adversely affect the value, character, rentability or usefulness of the Premises or any part thereof, or (b) the work to be done shall be required by any Law (hereinafter defined) or (c) Tenant shall agree to remove such improvements, Landlord may remove alterations or restore the Premises to their condition immediately prior to such improvements at Tenant’s cost, and work upon the expiration or earlier termination of this Lease. Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and/or engineer(s), in preparing such plans and specifications. (iii) All material changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval on demand the same terms and conditions as set forth above. If Tenant wishes to make such change in approved plans and specifications, Tenant shall have such architect(s) and/or engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves, approves on condition that Tenant reverse the alteration at Tenant's expense at the termination or expiration of this Lease, or disapproves such change and, if Landlord disapproves such change, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord. (c) Tenant shall obtain and comply with all building permits and other government permits and approvals required in connection with the work. If Tenant was required to submit plans and specifications for the work to Landlord for Landlord's approval, Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with such plans and specifications approved in writing by Landlord or deemed approved by Landlord. Tenant shall pay, as Additional Rent Rent, the entire cost of all work (including the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed all utilities, permits, fees, taxes, and property and liability insurance premiums in connection with therewith) actually performed or obtained. Under no circumstances shall Landlord be liable to Tenant for any alterationdamage, loss, cost or expenses incurred by Tenant shall discharge such lien (on account of any plans and specifications, contractors or petition) within thirty (30) days thereaftersubcontractors, at Tenant’s sole cost and expensedesign of any work, by the payment thereof construction of any work, or by the filing delay in completion of a bond acceptable to Landlordany work.

Appears in 1 contract

Sources: Lease Agreement (Transkaryotic Therapies Inc)

Alterations. Landlord is under no obligations to Tenant will not make any alterations, decorationsadditions or improvements (including, but not limited to, structural alterations, additions or improvements) in or about the Premises, without Landlord's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may without Landlord's prior written consent but upon prior written notice to Landlord, expend up to $25,000.00 per calendar year during the Term, to perform alterations, improvements or additions involving only design or decorative changes which do not affect the mechanical, electrical or structural elements of the Building or the Premises. Landlord shall give its approval or disapproval (stating the reasons therefor) to the foregoing within fifteen (15) business days of Tenant's request therefor, which request shall be accompanied by reasonable detail relating to the proposed alterations, improvements or additions, improvementsunless Landlord cannot, demolitions with due diligence, make a final determination as to Tenant's request within said fifteen (15) business day period, in which event Landlord shall have thirty (30) business days within which to respond. Landlord's failure to give notice within the applicable period as provided above shall constitute approval. In no event shall Landlord's failure to respond be deemed approval with respect to any alterations affecting the structure of the Building or imposing any greater burden on or use of the Building's systems than as of the Commencement Date. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord reasonably deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, and plans and specifications plus permits necessary for such work. Tenant will not do anything to or on the Premises which will increase the rate of fire or other changes in insurance on the Property. All alterations, additions or improvements of a permanent nature made or installed by Tenant to the Leased PremisesPremises shall become the property of Landlord at the expiration or earlier termination of this Lease. Tenant shall have Landlord reserves the rightright to require Tenant, at Tenant’s 's sole cost and expense, to make remove any reasonable alterations, decorations, improvements or additions made to the Leased Premises as by Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material and to repair and restore the Premises to their condition prior to such alteration, decorationaddition or improvement, installation reasonable wear and tear, unrepaired casualty (or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant's contractors, all subcontractors, customers, employees, licensees, agents or invitees permitted or invited [whether by express or implied invitation]) and condemnation excepted, such right may be exercised only if Landlord has specified in writing at the time of which may Tenant's request to make such alteration, addition or improvement, that such item must be removed by TenantTenant at the expiration or earlier termination of the Term. Landlord mayshall have the right to assess an administrative fee and a legal processing fee to cover any costs directly related to Landlord's review of materials for any proposed Tenant alteration, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and addition or improvement (other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed than in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost the initial work completed in the Original Premises and expense, by the payment thereof or by the filing of a bond acceptable to LandlordAdditional 30th Floor Premises).

Appears in 1 contract

Sources: Lease Agreement (Nuveen John Company)

Alterations. Landlord is under Tenant shall in no obligations event make or permit to be made any alteration, modification, substitution or other change of any nature to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises. After completion of Tenant’s Improvements within the Premises, Tenant shall not make or permit any other improvements, alterations, fixed decorations, additionssubstitutions or modifications, improvementsstructural or otherwise, demolitions or other changes in or to the Leased PremisesPremises or the Building (“Alterations”) without the prior written approval of Landlord. Landlord’s approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings; but shall not include the initial Tenant’s Improvements placed within the Premises pursuant to Subsection 5.1 of this Lease. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in the instance of cosmetic changes, such as painting and carpeting, in which case Tenant shall have the rightprovide Landlord with samples showing colors, styles, etc. All Alterations shall be made by Landlord at Tenant’s sole cost and expensecost, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned payable by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationRent, Tenant shall discharge such lien (or petition) within thirty (30) days thereafterafter receipt of an invoice for same from Landlord, which cost shall include Landlord’s standard construction management fee. Tenant shall be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s Alterations. If Tenant makes any Alterations without the prior consent of Landlord, then, in addition to Landlord’s other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the cost thereof, as Additional Rent, on demand. Without limiting the foregoing, Landlord shall have the right (but not the obligation), at Tenant’s sole cost and expense, to connect any security, fire alarm or other monitoring system of Tenant located on the Premises to any central monitoring system maintained by the payment thereof Landlord from time to time. Tenant agrees to cooperate with Landlord to allow Landlord to exercise this right. All life safety systems installed by Tenant, or by the filing of a bond acceptable to on Tenant’s behalf, must be at Tenant’s expense and must be compatible with Landlord’s central monitoring systems.

Appears in 1 contract

Sources: Office Lease (Marpai, Inc.)

Alterations. Landlord is under no obligations Tenant shall not make or suffer to make be made any alterations, decorationsadditions or improvements in, additions, improvements, demolitions or other changes in on or to the Leased Premises or any part thereof without the prior written consent of Landlord; and any such alterations, additions or improvements in, on or to said Premises, except for Tenant's movable furniture and equipment, shall immediately become Landlord's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant. Tenant In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall have the rightbe made by Tenant, at Tenant’s 's sole cost and expense, in accordance with plans and specifications approved by Landlord, and any contractor or person selected by Tenant to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERsame must first be approved in writing by Landlord. Notwithstanding the foregoing, Tenant shall be permitted to make non- structural alterations or additions, the costs of which do not undertake any material alterationexceed $1,000 per work of improvement, decorationwithout Landlord's written approval. Notwithstanding the foregoing, Landlord, shall agree to allow Tenant to contract with outside licensed contractors for installation or addition of additional approved tenant work for Tenant's account, subject to review and approval of all work and contractors by Landlord. Landlord shall have the right to collect from Tenant a supervision fee equal to 15% of the total direct costs associated with Tenant's improvements to the Leased Premises without first obtaining (i) Premises, per the written consent terms of Landlord, and (ii) when required by any mortgagee, Paragraph 7. Upon the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements expiration or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property sooner termination of the Landlord Term, Tenant shall upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned demand by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to removeLandlord, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s 's sole cost and expense, with all due diligence remove all those alterations, additions or improvements made by or for the payment thereof account of Tenant, designated by Landlord to be removed and Tenant shall with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition. At Landlord's election and notwithstanding the foregoing, however, Tenant shall pay to Landlord the cost of removing any such alterations, additions or improvements and restoring the Premises to their original condition such cost to include a reasonable charge for Landlord's overhead and profit as provided above, and such amount may be deducted from the Security Deposit or any other sums or amounts held by the filing of a bond acceptable to LandlordLandlord under this Lease.

Appears in 1 contract

Sources: Office Lease (Extricity Inc)

Alterations. Landlord is under no obligations to After the completion of the initial Tenant Improvements (if any), Tenant shall not make any alterations, decorations, additions, improvements, demolitions substitutions or other changes improvements (“Alterations”) in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expenseor make changes to locks on doors, to make or add, disturb or in any reasonable alterations, decorations, improvements way change any plumbing or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises wiring (“Changes”) without first obtaining (i) the written consent of Landlord, and, where applicable, in accordance with plans and (ii) when required specifications reasonably approved by Landlord. As a condition to its approval, Landlord in its sole discretion may require Tenant to remove such Alterations or Changes upon the expiration or earlier termination of the Term and any mortgageeextension period thereof, and to restore the written consent of Premises to the condition they were in prior to such Alterations or Changes, including restoring any mortgagee maintaining an interest in the Leased Premisesdamage resulting from such removal, all at Tenant’s expense, but excepting reasonable use and wear and tear. Any such alterationsAlterations or Changes, decorationsbut excluding Tenant Improvements, improvements approved by Landlord and not required to be removed upon the expiration or additions to earlier termination of the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises Lease shall become a part of the realty and become property of the Landlord upon the expiration or earlier termination of this Lease. Any Alterations or Changes required to be made to Tenant’s Premises by any amendment to any applicable building, except for detachable and movable equipmenthealth, furniture and trade fixtures owned by Tenantsafety, all of which may fire, nondiscrimination, or similar law or regulation (“law”), or any new law shall be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, made at Tenant’s cost 's sole expense and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter shall be subject to restore the Leased Premisesprior written consent of Landlord. In Except with respect to the event that Landlord so elects, and initial Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationImprovements, Tenant shall discharge such lien (reimburse Landlord for any reasonable sums expended for examination and approval of the architectural and mechanical plans and specifications of the Alterations and Changes and direct costs reasonably incurred during any inspection or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, supervision of the Alterations or Changes. All damage or injury done to the Premises or Building by the payment thereof Tenant or by any persons who may be in or upon the filing Premises or Building with the express or implied consent of a bond acceptable Tenant, including but not limited to Landlordthe cracking or breaking of any glass of windows and doors, shall be paid for by Tenant.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Landlord is under no obligations to (a) Following the completion of the Tenant Improvements, Tenant will not make or allow any additions, alterations, decorationsinstallations, additions, improvements, demolitions or other changes improvements in or to the Leased Premises (collectively, the "Alterations") without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. The foregoing notwithstanding, Tenant shall be permitted to install non-structural Alterations that do not cost in excess of Twenty-Five Thousand Dollars ($25,000.00) annually, do not adversely affect Building Systems or any structural portion of the Building, and that do not involve the introduction of any Hazardous Material onto the Premises, provided Tenant notifies Landlord at least ten (10) days prior to the commencement of construction thereof and such notice sets forth in reasonable detail the Alterations to be constructed. Such consent may be conditioned on Landlord's receipt and approval of a set of plans and specifications for the Alterations no later than fifteen (15) business days prior to the scheduled construction of the Alterations as well as the use by Tenant of a contractor or contractors reasonably approved by Landlord. Landlord shall have the right to seek reimbursement from Tenant for any actual and reasonable costs incurred by Landlord in the review of such plans. The installation of furnishings, fixtures, equipment, or decorative improvements that do not affect Building 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 shall remain on the Premises without compensation to Tenant. At the time of Landlord's initial approval of Alterations, Landlord shall notify Tenant whether Tenant shall be required to remove such Alteration at the end of the Lease Term. For all such Alterations so identified by Landlord as requiring removal, 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, reasonable wear and tear excepted. If Tenant fails to cause such removal and/or restoration to the identified Alterations, or other furnishings, fixtures, equipment or decorative improvement to be removed by Tenant upon the termination or earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease. 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, as the same may be 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. Upon Landlord's request, Tenant shall provide Landlord with as-built plans for any Alteration installed by Tenant. (b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, the total cost of which exceeds One Hundred Thousand Dollars ($100,000.00), and before any work of any kind or nature is commenced on the construction of Alterations for which Landlord's consent is required, upon Landlord's request, Tenant shall procure and deliver to Landlord a completion bond and a payment bond, both in form and substance reasonably 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. 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 Tenant's duty to keep the Premises 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 cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so as to allow the Premises to be protected 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 hive been furnished to Tenant or to Tenant's agents, contractors, or subtenants, 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 have the right to 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 or Property, and the amount paid by Landlord shall be immediately due and payable to Landlord, and shall 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. (e) Landlord acknowledges Tenant's intent to install an emergency generator on the Property which installation shall be permitted, at Tenant’s 's sole cost and expense, subject to Tenant's compliance with all of the foregoing requirements of the Section 11, including but not limited to, Landlord's approval of Tenant's proposed installation, ongoing maintenance and closure plans (which must include reference to adequate sound, release, exhaust and safety containment of exhaust and fueling components), Landlord's approval of the make any reasonable alterationsand model of the equipment to be installed and of the installation contractor, decorationsand compliance with all applicable laws, improvements or additions orders, approvals and regulations which may be applicable to such generator on the Leased Premises as Tenant may desireProperty. Landlord shall be provided with copies of all required applications and filings required for such generator, PROVIDED, HOWEVER, including without limitation the Hazardous Material Response Plans and Business Plans required by local public safety agencies. Tenant shall not undertake install any material alterationunderground storage tanks associated with such generator. Tenant shall be responsible, decorationat Tenant's cost, installation for any additional improvements or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when utility installations which may be required by any mortgagee, applicable governmental agency which result from the written consent installation and operation of any mortgagee maintaining an interest the generator on the Property. Landlord may require the removal of such generator in the Leased Premises. Any such alterations, decorations, improvements or additions event its operation creates an unreasonable nuisance to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property other Tenants of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to LandlordCentral Research Park.

Appears in 1 contract

Sources: Office / R&d Lease (Cacheflow Inc)

Alterations. Landlord is under no obligations to 7.1 Except for the Tenant Work, Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements to the Leased Demised Premises (collectively “Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld conditioned or delayed, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Demised Premises. Tenant shall have furnish complete plans and specifications to Landlord at the righttime it requests ▇▇▇▇▇▇▇▇’s consent to any Alterations if the desired Alterations (i) will affect the Facility’s mechanical, electrical, plumbing or life safety systems or services, or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iii) will cost in excess of One Thousand Dollars ($1,000.00). Subsequent to obtaining Landlord’s consent and prior 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 reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord’s reasonable actual out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of ▇▇▇▇▇▇’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, expense by a contractor approved in writing by Landlord. Tenant shall not undertake any material require its contractor to maintain insurance in commercially reasonable amounts. Any construction, alteration, decorationmaintenance, installation repair, replacement, installation, removal or addition to decoration undertaken by Tenant in connection with the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Demised Premises shall be made completed in compliance accordance with all local ordinances plans and public authorities having jurisdiction thereof and specifications which must be approved by Landlord, shall be carried out in a good, workmanlike and first class prompt manner, shall comply with all applicable Regulations of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant’s heating or air conditioning equipment must be effected strictly in accordance with Landlord’s instructions, the Clean Air Act and all other applicable Regulations. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Facility 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 Facility in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any and all alterations to the Leased Premises Alterations made by Tenant shall become the property of the Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned Tenant shall upon demand by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to removeLandlord, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s Tenants sole cost and expense, forthwith and with all due diligence remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. 7.2 All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all governmental requirements and Regulations, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Facility. TENANT AGREES TO INDEMNIFY LANDLORD AND HOLD LANDLORD HARMLESS AGAINST ANY LOSS, LIABILITY OR DAMAGE RESULTING FROM SUCH WORK, provided such loss liability or damage was not caused by the payment thereof Landlord, its agents, employees or representatives. 7.3 Nothing contained in this Lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the filing furnishing of a bond acceptable any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof. Tenant and any subtenants shall have no power to do any act or make and contract which may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Demised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT OR TO ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF, AND THAT NO MECHANICS’ OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE DEMISED PREMISES.

Appears in 1 contract

Sources: Lease (Sg Blocks, Inc.)

Alterations. Landlord is under no obligations to Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements to the Leased Premises (collectively, the “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises. Tenant shall have furnish complete plans and specifications to Landlord for its approval at the righttime it requests Landlord’s consent to any Alterations if the desired Alterations: (i) will affect the Building’s Systems or Building’s Structure; or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; or (iii) will cost in excess of Five Thousand Dollars ($5,000.00). Subsequent to obtaining Landlord’s consent and prior 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 reimburse Landlord within ten (10) days after the rendition of a ▇▇▇▇ for all of Landlord’s 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. 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 approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. 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 Premises, as applicable, 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 Tenant 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, except Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, to make remove all or any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent portion of any mortgagee maintaining an interest in Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a goodgood and workmanlike manner to their original condition, workmanlike reasonable wear and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordtear excepted.

Appears in 1 contract

Sources: Industrial Lease (Middleton Doll Co)

Alterations. Except for cosmetic alterations and projects that do not exceed $200,000 during any calendar year of the Term, that do not require a permit from the City of Sunnyvale and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord is under but not Landlord’s consent), Tenant shall make no obligations to make any alterations, additions, decorations, additions, improvements, demolitions or other changes in or improvements (collectively referred to as “Alterations”) to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) 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 components of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and (ii) when utilize only Landlord’s building standard materials. Landlord shall not unreasonably withhold, condition or delay its consent to Alterations that do not materially and adversely affect the Building Systems if Tenant uses mechanical and electrical contractors reasonably acceptable to Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its reasonable discretion may deem desirable. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof, as determined by Landlord and Tenant, acting reasonably, to Landlord. Tenant shall obtain all required by any mortgageepermits for the Alterations and shall perform the work in compliance with all applicable laws, the written regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring Landlord’s consent of any mortgagee maintaining an interest as provided above or projects costing $100,000.00 or less, Landlord shall be entitled to a supervision fee in the Leased Premisesamount of 2.5% of the cost of the applicable Alterations. Any such alterations, decorations, improvements or additions to the Leased Premises request for Landlord’s consent shall be made in compliance writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its third party 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 all local ordinances as-built drawings and public authorities having jurisdiction thereof and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a goodgood and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, workmanlike and first class manner. Any and all alterations Alterations affixed to the Leased Premises Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of the Landlord upon the expiration or earlier termination of this Lease. For a avoidance of doubt, during the Term Tenant shall account for the depreciation on all Tenant Improvements and Alterations in accordance with generally accepted accounting principles as determined in Tenant’s reasonable discretion. Such Alterations shall be surrendered with the Premises at the end of the Term, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. that Landlord may, nonethelessby notice to Tenant given at the time Landlord approves the applicable Alterations, require Tenant to removeremove by the Expiration Date, or sooner termination date of this Lease, all or any such Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s cost and expenserequest (collectively, any and all fixturesthe “Required Removables”). Notwithstanding anything to the contrary in the foregoing, equipment and other improvements installed on Leased Premises and thereafter with respect to restore the Leased PremisesTenant Improvements, the Required Removables ▇▇▇▇▇ consist only of the “Specialty Alterations” (as defined in the Work Letter) which Landlord will require Tenant to remove in accordance with Section 3.8 of the Work Letter. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationits removal of Required Removables, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by repair any damage to the payment thereof or by the filing of a bond acceptable to LandlordPremises arising from that removal.

Appears in 1 contract

Sources: Lease (Proofpoint Inc)

Alterations. Landlord is under no obligations (a) Except for the Leasehold Improvement Work described in the Work Agreement attached hereto as Exhibit C, Tenant shall neither make nor permit to make be made any alterations, decorationsadditions or improvements to all or any part of the Premises, additions, improvements, demolitions or other changes in attach any fixtures or equipment to the Leased PremisesPremises (collectively, "Alterations"), without Landlord's prior approval, which approval shall not be unreasonably withheld. If Tenant desires that any Alterations be made, Tenant shall give notice to Landlord of the nature and estimated cost of such Alterations. Within three (3) business days after Landlords receipt of such notice, Landlord shall give notice to Tenant stating whether Landlord requires Tenant to provide Landlord with detailed plans and specifications for the proposed Alterations. (b) If Landlord requires Tenant to provide detailed plans and specifications, the following procedures shall be followed: Tenant shall have reasonably detailed plans and specifications for the right, proposed Alterations prepared at Tenant’s 's sole cost expense by a licensed architect or space planner. Landlord shall approve or disapprove the proposed Alterations within ten (10) business days after delivery of such plans and expensespecifications to Landlord. Failure of Landlord to respond within such ten (10) business day period shall be deemed to be approval by Landlord of the proposed Alterations. If Landlord disapproves the proposed Alterations, Landlord shall specify in reasonable detail its reasons for such disapproval and the changes required in order to make secure its approval. In the event Landlord disapproves the proposed Alterations, Tenant may revise the plans and specifications as necessary to secure Landlord's approval or may elect to forego the proposed Alterations. If Tenant elects to revise-the plans and specifications, Landlord shall have a period of ten (10) business days following submission of such revised plans and specifications to approve or disapprove the proposed Alterations as provided above. If Landlord disapproves such revised plans and specifications, the same procedure shall be followed as to further revisions until Landlord's approval is given or is deemed to be given or until Tenant elects to forego the proposed Alterations. (c) If Landlord does not require Tenant to have detailed plans and specifications prepared for the proposed Alterations pursuant to Subsection 10(b), then Landlord shall approve or disapprove the proposed Alterations within five (5) business days of receipt of Tenant's initial notice of the nature and estimated costs of the proposed Alterations pursuant to Subsection 10(a). Failure of Landlord to respond within such five (5) business day period shall be deemed to be approval by Landlord of the proposed Alterations. (d) As a condition of approving the proposed Alterations, Landlord may reasonably require Tenant to agree to remove all or any part of such Alterations no later than the Expiration Date and to reimburse Landlord for any reasonable alterationsexpenses incurred by Landlord in reviewing the plans and specifications, decorationsincluding, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgageelimitation, the written consent reasonable costs of any mortgagee maintaining an interest in outside consultants retained by Landlord for such purpose. (e) If Landlord approves the Leased Premises. Any such alterationsproposed Alterations, decorations, improvements or additions to the Leased Premises Alterations shall be made in compliance accordance with all local ordinances the detailed plans and public authorities having jurisdiction thereof specifications approved by Landlord or, if no plans or specifications were required, in accordance with Tenant's notice to Landlord under Section 10(a) and in with any other reasonable requirements imposed by Landlord. The Alterations shall be performed by Landlord or, at Landlord's option, by a good, workmanlike contractor selected by Tenant and first class mannerreasonably approved by Landlord. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by TenantIn either event, all of which may Alterations shall be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, made at Tenant’s cost and 's sole expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay reimburse Landlord on demand as Additional Rent the for all expenses incurred by Landlord with respect to such Alterations: including, without limitation, a reasonable charge for Landlord's overhead if such Alterations are made by Landlord, or a reasonable charge for Landlord's cost of repairing inspecting the Alterations prior to and upon their completion if such Alterations are made by Tenant's contractor. Tenant shall reimburse Landlord for all such expenses within ten (10) days after receipt of any damage caused by such removalinvoice from Landlord. If any lien (Tenant's approved contractor constructs or a petition to establish such lien) is filed in connection with any alterationinstalls the Alterations, Tenant shall discharge provide Landlord with copies of all required permits and other governmental approvals for such lien (Alterations, and Landlord shall have the right from time to time to inspect such Alterations prior to or petition) within thirty (30) days thereafterafter their completion. All Alterations shall immediately become Landlord's property and shall remain in the Premises at the end of the Term without compensation to Tenant, at unless Landlord conditioned its approval of such Alterations on Tenant’s sole cost and expense's agreement to remove them, in which event Tenant shall by the payment thereof or by Expiration Date remove such Alterations and restore the filing Premises to their condition prior to the installation of a bond acceptable to Landlordsuch Alterations.

Appears in 1 contract

Sources: Lease Agreement (Biomarin Pharmaceutical Inc)

Alterations. Landlord is under no obligations to Tenant shall not make any alterations, decorationsadditions or improvements to the Parking Premises without Landlord’s prior written consent, additionswhich consent will not be unreasonably withheld or delayed. Any such consent will be subject to the following conditions: (a) Any alteration, addition or improvement shall be done in a good and ▇▇▇▇▇▇▇ like manner and in compliance with applicable laws and building codes, and in accordance with the orders, rules and regulations of the National Board of Fire Underwriters or any other body exercising similar functions. (b) The cost of any such alteration, addition or improvement shall be paid by Tenant in cash, or its equivalent, so that the Parking Premises and all portions thereof shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Parking Premises. At least fifteen (15) days before commencing any work or delivery of any materials relating to any alterations, improvements, demolitions or other changes in or additions to the Leased Parking Premises, Tenant shall notify Landlord of the expected date of commencement of such work or the delivery of any such materials. Tenant Landlord shall have the rightright at any time and from time to time to post and maintain on the Parking Premises such notices as Landlord reasonably deems necessary to protect the Parking Premises from construction liens, materialmen’s liens, and any other liens. (c) Tenant shall maintain, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises such insurance as Tenant Landlord may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest reasonably require in the Leased Premises. Any connection with such alterations, decorations, improvements additions or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, including Workers Compensation Insurance covering all persons employed in connection with the work, with respect to whom death or bodily injury claims could be asserted against Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing or its successors in interest when any damage caused by such removal. If any lien (or a petition to establish such lien) work is filed in process in connection with any alterationsuch alteration or addition. Such insurance shall be in a form and by an insurance company reasonably approved by Landlord. (d) All alterations, additions, improvements, and fixtures installed by Tenant (other than trade fixtures and equipment) shall discharge such lien (or petition) within thirty (30) days thereafter, become a part of the Parking Premises at Tenant’s sole cost the expiration of the term of this Parking Lot Lease and expense, by the payment thereof or by the filing of a bond acceptable belong to Landlord.

Appears in 1 contract

Sources: Parking Lot Lease (Lacrosse Footwear Inc)

Alterations. Landlord is under no obligations From time to time following the Effective Date, upon Landlord’s prior written approval, which shall not be unreasonably withheld or delayed, Tenant may, at Tenant’s sole cost and expense, make any such alterations, decorations, additions, improvements, demolitions or other changes improvements in or and to the Leased Premises (collectively, “Alterations”), as Tenant may reasonably consider necessary for the conduct of Tenant’s business in the Leased Premises; provided, however, that in no event shall Tenant make any structural or infrastructural Alterations or any Alterations which would materially change the character of the Leased Premises or the value of the Leased Premises or Building, without the prior written consent of Landlord, which consent of Landlord may be withheld in Landlord’s sole and absolute discretion. Further, if under the provisions of any insurance policies required to be provided and maintained under this Lease, any consent of the insurers thereof must be obtained as to any Alterations in order to continue and keep such policies in full force and effect, Tenant shall have obtain such consents and pay any premiums or charges that may be incurred therefor. All Alterations shall be considered Tenant Improvements and subject to the rightprovisions of Section 2.2. To the extent any such Alterations shall become affixed to the Leased Premises or shall be attached to the face of any wall or partition (interior or exterior) of the Leased Premises, such Alterations shall thereupon become the property of the Landlord; provided, however, that Landlord may at its option upon expiration or earlier termination of this Lease require Tenant, at Tenant’s sole cost and expense, to make remove all or any reasonable alterations, decorations, improvements or additions to part of any such Alterations and restore the Leased Premises as Tenant may desireto their condition prior to the installation thereof upon any such removal. Notwithstanding the foregoing or anything else contained in this Lease to the contrary, PROVIDEDincluding, HOWEVERwithout limitation, the provisions of Section 6.12, the Tenant shall not undertake have the right to remove any material alteration, decoration, installation or addition to and all trade fixtures and equipment it installs within the Leased Premises without first obtaining (i) before or upon expiration or earlier the written consent termination of Landlordthe Lease, provided that Tenant repairs any damage done as a result of removing such equipment and (ii) when required by any mortgageetrade fixtures. Unless Landlord otherwise specifically agrees in writing at or prior to installation, the written consent of any mortgagee maintaining an interest all data and communications cabling and equipment installed in the Leased Premises. Any such alterationsPremises or otherwise in the Building, decorations, improvements or additions and which was installed specifically to serve Tenant in its use of the Leased Premises Premises, shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore upon the Leased Premises. In expiration or earlier termination of the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafterLease, at Tenant’s sole cost and expense, . Tenant shall repair any damage to the Leased Premises and Building caused by the payment thereof removal of such cabling and equipment and shall restore the Leased Premises and Building to substantially the same condition as existed prior to the installation of such cabling and equipment. If ▇▇▇▇▇▇ fails to remove any of the same, then Landlord may cause them to be removed at ▇▇▇▇▇▇’s expense, and ▇▇▇▇▇▇ hereby agrees to reimburse Landlord for all fees and costs which Landlord incurs due to ▇▇▇▇▇▇’s failure to remove the same. Alternatively, Landlord may elect that all or by any of the filing cabling and equipment shall remain at the expiration or earlier termination of a bond acceptable to Landlordthis Lease and not be removed.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Landlord is under no obligations A. Tenant shall not make or allow to make be made (except as otherwise provided in this Lease Agreement) any alterations, decorations, additions, improvements, demolitions alterations or other changes physical additions (including fixtures) in or to the Leased Premises, or place safes, vaults or other heavy furniture or equipment within the Leased Premises, without first obtaining the written consent of Landlord. In addition, Tenant shall not be permitted to take x-rays or core drill or penetrate the floor of the Leased Premises or any other floor of the Building without first obtaining the Landlord’s consent. The cost of any consultant or engineer hired by Landlord in connection with such work undertaken by Tenant shall be paid for by Tenant as additional rent hereunder. Tenant shall submit requests for consent to make alterations or physical additions together with copies of the plans and specifications for such alterations. Subsequent to obtaining Landlord’s consent and prior to commencement of construction of the alterations or physical additions, Tenant shall deliver to Landlord the building permit, a copy of the executed construction contract covering the alterations and physical additions and evidence of contractor’s and subcontractor’s insurance, such insurance being with such companies, for such periods and in such amounts as Landlord may reasonably require, naming the Landlord Parties (as defined on Exhibit H) as additional insureds. Tenant shall pay to Landlord upon demand a review fee in the amount of Landlord’s actual costs incurred to compensate Landlord for the cost of review and approval of the plans and specifications and for additional administrative costs incurred in monitoring the construction of the alterations. Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications for all alterations or physical additions so made in or to the Leased Premises, and shall reimburse Landlord for the cost incurred by Landlord to update its current architectural plans for the Building. B. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties from and against all costs (including attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Leased Premises, including but not limited to any mechanics’ or materialmen’s liens asserted in connection therewith. C. Tenant shall not be deemed to be the agent or representative of Landlord in making any such alterations, physical additions or improvements to the Leased Premises, and shall have no right, power or authority to encumber any interest in the rightComplex in connection therewith other than Tenant’s leasehold estate under this Lease Agreement. However, should any mechanics’ or other liens be filed against any portion of the Complex or any interest therein (other than Tenant’s leasehold estate hereunder) by reason of Tenant’s acts or omissions or because of a claim against Tenant or its contractors, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within ten (10) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said ten (10) day period, which failure shall be deemed to be an Event of Default hereunder without the necessity of any further notice, Landlord may, at its sole option and in addition to any other remedy of Landlord hereunder, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all costs incurred in canceling or discharging such lien or liens. D. Tenant shall cause all alterations, physical additions, and improvements (including fixtures), constructed or installed in the Leased Premises by or on behalf of Tenant to comply with all applicable governmental codes, ordinances, rules, regulations and laws. Tenant acknowledges and agrees that neither Landlord’s review and approval of Tenant’s plans and specifications nor its observation or supervision of the construction or installation thereof shall constitute any warranty or agreement by Landlord that same comply with such codes, ordinances, rules, regulations and laws or release Tenant from its obligations under this Section 10.D. E. Tenant shall be wholly responsible for any accommodations or alterations that are required by applicable governmental codes, ordinances, rules, regulations and laws to be made to the Leased Premises to accommodate disabled employees and customers of Tenant, including, without limitation, compliance with the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.) and the Texas Architectural Barriers Act (Texas Government Code, Chapter 469) (collectively, the “Accommodation Laws”). Except to the extent provided below, Landlord shall be responsible for making all accommodations and alterations to the Common Areas of the Building necessary to comply with the Accommodation Laws. Notwithstanding the foregoing, Landlord may perform, at Tenant’s sole cost and expense, any accommodations or alterations that are required by the Accommodation Laws to make any reasonable alterations, decorations, improvements area outside of the Leased Premises which are triggered by any alterations or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay reimburse Landlord on demand as Additional Rent the cost of repairing any damage caused by for such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordexpense upon demand.

Appears in 1 contract

Sources: Lease Agreement

Alterations. a. Tenant may make alterations, additions or improvements to the Premises without Landlord's consent only if (i) such alterations, additions or improvements will be in compliance with all applicable laws, codes, rules, regulations and ordinances, (ii) such alterations, additions or improvements will not reduce the fair market value or utility of the Premises, considered as unencumbered by this Lease, and (iii) such alterations, additions or improvements will not modify in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems (as opposed to components of a system) of the Premises, but Tenant shall give prior notice of any such alterations, additions or improvements to Landlord. In all other cases, Landlord's prior written consent shall be required, which approval shall not be withheld, delayed or conditioned if (a) the work to be done would not, in Landlord's reasonable judgment, adversely affect the value, character, rentability or usefulness of the Premises or any part thereof. In no event shall Tenant be permitted to install underground storage tanks or fuel systems on the Premises. b. All alterations, additions or improvements 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 approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s) approved by Landlord, shall comply with all applicable codes, ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. ii. Landlord shall notify Tenant within thirty (30) days whether Landlord approves or disapproves such plans and specifications. Tenant may submit to Landlord revised plans and specifications for Landlord's prior approval, which approval shall not be withheld or delayed if (a) the work to be done would not, in Landlord's reasonable judgment, adversely affect the value, character, rentability or usefulness of the Premises or any part thereof, or (b) the work to be done shall be required by any Law (hereinafter defined). Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications. If Landlord does not respond within such thirty (30) day period, Tenant may send Landlord a second notice, prominently stating that failure to respond within ten (10) days shall result in the deemed approval of the plans and specifications delivered to Landlord as to which no response was made for more than thirty (30) days. If Landlord fails to respond within such ten (10) day period, such plans and specifications shall be deemed approved by Landlord. iii. All changes (other than field changes for which no change order is under no obligations prepared, and which will be reflected in the final "as built" plans) in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, delayed or conditioned. If Tenant wishes to make any such change in approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves or disapproves such change. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord. iv. Tenant shall obtain and comply with all building permits and other government permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with the plans and specifications approved in writing by Landlord. Tenant shall pay the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, decorationsadditions or improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expenses incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. v. Tenant shall give notice to Landlord of the date on which construction of any work to be done by outside contractors will be commenced at least ten (10) days prior to such date. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. vi. All alterations, additions, fixtures and improvements, demolitions whether temporary or other changes permanent in character, made in or to the Leased PremisesPremises by Tenant, shall become part of the Premises and Landlord's property, except those which are readily removable without causing material damage to the Premises (which shall be and remain the property of Tenant). Upon termination or expiration of this Lease, Tenant shall, at Tenant's expense, remove all movable furniture, equipment, trade fixtures, office machines and other personal property (including Tenant's Trade Fixtures) from the Premises and repair all damage caused by such removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to this paragraph 22(b) to be performed after such termination. vii. Notwithstanding the foregoing paragraphs, if at any time during the Term of this Lease, Tenant wishes to make alterations, modifications, expansions or improvements to the Premises which are not required to be made by the terms of this Lease, and the cost thereof exceeds five hundred thousand dollars ($500,000), Landlord agrees, subject to the further conditions of this subparagraph (vii), upon ninety (90) days advance notice including detailed plans of such alteration, modification, expansion or improvement, to reimburse the cost thereof promptly upon completion of construction thereof. Landlord shall cooperate in Tenant's efforts to obtain any easements, permits or licenses required for such alterations, modifications, expansions or improvements. Any alterations, modifications, expansions or improvements funded by Landlord shall be the property of Landlord and shall be fully subject to the terms of this Lease. In all events, Fixed Rent hereunder (including escalations thereof as provided in the Basic Lease Information) shall be increased by an amount at least sufficient to amortize the entire amount expended by Landlord in connection therewith over the then remaining Term of this Lease at an interest rate equal to the rate that Landlord could obtain on a hypothetical loan from an institutional investor for an unsecured loan of the same amount and maturity. Landlord's failure to fund the cost of any such acquisition and/or expansion shall not constitute a default by Landlord hereunder and shall not give Tenant any right to abat▇ ▇▇▇t or to terminate this Lease. Tenant shall have the right, in its sole discretion, to finance the cost of any alterations, modifications, expansions or improvements on the Land out of its own cash flow (in which case there will be no increase in Fixed Rent due to such investment), provided no mortgage or other encumbrance is placed on Landlord's or Tenant's interest therein and provided that Landlord's ownership of such assets and the subjection of such assets to this Lease is confirmed in a manner reasonably satisfactory to Landlord, in a way that preserves Tenant's right to amortize its investment as a leasehold improvement. viii. Landlord agrees that Tenant may, at Tenant’s its sole cost and expense, install, maintain and replace on the roof or parapet of the Improvements (at a location to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of be approved by Landlord, and (iisuch approval not to be unreasonably withheld, delayed or conditioned) when required by any mortgageea microwave satellite dish, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment aerials and other improvements installed on Leased Premises electronic transmission and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed receiving equipment for use in connection with Tenant's business at the Premises (and not for any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordother purpose).

Appears in 1 contract

Sources: Lease Agreement (Holmes Group Inc)

Alterations. Landlord is under no obligations to make any alterations(a) Except as required or permitted by the provisions of this Section 10, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant Head Lessee shall not undertake modify or alter any material Head Lessor Compressor without the prior written approval of the Head Lessor and the Control Party. (b) In case any Head Lessor Compressor (or any part or component thereof) is required to be altered, added to, replaced or modified in order to comply with any insurance policies required pursuant to this Head Lease or Applicable Law (any such alteration, decorationadditional replacement or modification, installation a "Required Alteration"), Head Lessee agrees to promptly make (or addition cause to the Leased Premises be made) such Required Alteration at its own expense. Thereupon, title to such Required Alteration shall, without first obtaining (i) the written consent of Landlordfurther act, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall immediately become the property of Head Lessor, free and clear of all Liens, other than Head Lessor Liens and Permitted Encumbrances and such Required Alteration shall immediately become subject to the Landlord upon termination terms and conditions of this LeaseHead Lease and the Lease Supplement to which the related Head Lessor Compressor is subject. (c) Head Lessee may make any optional renovation, except for detachable and movable equipmentimprovement, furniture and trade fixtures owned by Tenantaddition, all or alteration to any Head Lessor Compressor ("Optional Alteration") provided that such Optional Alteration does not impair the value, use or remaining useful life of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premisessuch Head Lessor Compressor. In the event that Landlord so electsan Optional Alteration is readily removable without impairing the value, use or remaining useful life of the Head Lessor Compressor, and Tenant fails is not a part or appliance which replaces any part or appliance originally incorporated or installed in or attached to such Head Lessor Compressor on the Effective Date for the related Lease Supplement, the Head Lessee may (or, if requested by the Head Lessor shall) remove such improvementsOptional Alteration whereupon such Optional Alteration will remain the property of Head Lessee. To the extent such Optional Alteration is not readily removable without impairing the value, Landlord may remove use or remaining useful life of the Head Lessor Compressor to which such improvements at Tenant’s costOptional Alteration has been made, or is a part or appliance which replaces any part or appliance originally incorporated or installed in or attached to such Head Lessor Compressor on the Effective Date for the related Lease Supplement, such Optional Alteration shall, without further act, immediately be and become the property of, and Tenant title shall pay Landlord on demand as Additional Rent vest in, Head Lessor, free and clear of all Liens, other than Head Lessor Liens and Permitted Encumbrances, and shall be subject to the cost terms of repairing any damage caused by such removalthis Head Lease and the Lease Supplement to which the related Head Lessor Compressor is subject. If any lien (Any parts installed or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, replacements made by the payment Head Lessee upon any Head Lessor Compressor pursuant to its obligation to maintain and keep the Head Lessor Compressors in the condition required pursuant to the terms of this Head Lease shall be considered accessions to such Head Lessor Compressor and ownership thereof or by the filing of a bond acceptable to Landlordshall be immediately vested in Head Lessor.

Appears in 1 contract

Sources: Master Equipment Lease Agreement (Universal Compression Inc)

Alterations. Landlord is under (a) Tenant shall make no obligations alterations, additions or improvements to the Premises or install fixtures in the Premises without first obtaining Landlord's consent, which consent shall not be unreasonably withheld. In no event, however, may the Tenant make any alterations, decorationsadditions or improvements or install fixtures which in Landlord's reasonable judgment might adversely affect the structural components of the Building or Building mechanical, additionsutility or life safety systems. At the time such consent is requested, improvementsTenant shall furnish to Landlord a description of the proposed work, demolitions or other changes in or an estimate of the cost thereof and such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord, at its sole option, may require as a condition to the Leased Premises. granting of such consent to any work costing in excess of $10,000, that Tenant shall have the rightprovide to Landlord, at Tenant’s 's sole cost and expense, a lien and completion bond in an amount equal to make one and one- half (1 1/2) times any reasonable alterationsand all estimated costs of the proposed work, decorations, improvements or additions to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the Leased Premises as Tenant may desire, PROVIDED, HOWEVERwork. Before commencing any work, Tenant shall not undertake any material alterationgive Landlord at least five (5) days written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, decoration, installation or addition post and record such notice as may be permitted by law to the Leased Premises without first obtaining (i) the written consent of protect Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an 's interest in the Leased Premises and the Building from mechanics' and materialmen's liens. Within a reasonable period following completion of any work for which plans and specifications were required to obtain a building permit for such work, Tenant shall furnish to Landlord "as built" plans showing the changes made to the Premises. . (b) Any such alterations, decorations, additions or improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s 's sole cost and expense, and any contractor or other person selected by Tenant to make the payment thereof or by the filing of a bond acceptable same shall be subject to Landlord's prior approval, which approval shall not be unreasonably withheld. Tenant's contractor and its subcontractors shall employ union labor to the extent necessary to insure, so far as may be possible, the progress of the alterations, additions or improvements and the performance of any other work or the provision of any services in the Building without interruption on account of strikes, work stoppage or similar causes of delay. All work performed by Tenant shall comply with the laws, rules, orders, directions, regulations and requirements of all governmental entities having jurisdiction over such work and shall comply with the rules, orders, directions, regulations and requirements of any nationally recognized board of insurance underwriters. All alterations, additions and improvements shall immediately become Landlord's property and, at the end of the term hereof, shall remain on the Premises without compensation to Tenant; provided, however, that if Landlord at the time of consenting to the making of such alterations, additions and improvements reserved the right to have Tenant remove such alterations, additions and improvements, Tenant shall, prior to the end of the term, at its sole cost and expense, remove the alterations, additions and improvements and repair and restore the Premises to their condition at the commencement of the term.

Appears in 1 contract

Sources: Office Lease (Intek Information Inc)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake make any material alteration, decoration, installation structural alterations or addition improvements in or additions ("Alterations") to the Leased Premises or make any changes to locks on doors or add to, disturb or in any way change any of the wiring or plumbing in the Premises or the Building, without first obtaining (i) the written consent of Landlord, and, when appropriate, in accordance with plans and (ii) when required specifications approved by Landlord, which consent shall not be unreasonably withheld. All such Alterations shall be at the sole cost and expense of Tenant and shall be performed by contractors or mechanics approved by Landlord, which consent shall not be unreasonably withheld. All work with respect to any mortgageesuch Alterations shall be done in good and workmanlike manner, shall be of a quality equal to or exceeding the written consent then existing construction standards for the Building and must be of any mortgagee maintaining an interest a type, and the floors and ceilings must be finished in a manner, customary for general office use and 14 other uses common to similar office buildings in the Leased Premisesvicinity. Any Such Alterations shall be diligently prosecuted to completion. All such alterations, decorations, improvements or additions to the Leased Premises Alterations shall be made strictly in compliance accordance with all local laws, regulations and ordinances relating thereto, and public authorities having jurisdiction thereof and no interior improvements installed by Landlord in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by (including Tenant, all of which 's Work) may be removed by Tenantunless the same are promptly restored to a condition similar or better. Landlord may, nonetheless, hereby reserves the right to require Tenant any contractor or mechanic working the Premises to remove, at Tenant’s cost provide lien waivers and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter liability insurance covering such Alterations to restore the Leased Premises. In Tenant shall give Landlord ten (10) days' written notice of the event commencement of any Alterations and agrees to allow Landlord and its Lender to enter the Premises at reasonable times and post appropriate notices to avoid liability to contractors or material suppliers for payment for such Alterations. Notwithstanding anything contained herein to the contrary. Tenant may make any nonstructural interior Alterations that do not adversely affect the value of the Premises, the structural integrity of the Building or any Building system without Landlord's consent. No Alterations shall adversely affect either the strength or exterior appearance, or the mechanical, electric or plumbing services of the Building. Tenant shall reimburse Landlord so electsfor any reasonable sums expended by Landlord for examinations and approval of architectural or mechanical plans and specifications of the Alterations. Tenant shall also reimburse Landlord for reasonable direct costs incurred during any inspection of the Alterations. All damages or injury done to the Premises or Building by Tenant or by any persons who may be in or upon the Premises or Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent for all damage to the cost of repairing any damage Building caused by such removal. If any lien (negligent acts or a petition to establish such lien) is filed in connection with any alterationomissions of Tenant or Tenant's officers, Tenant shall discharge such lien (contractors, agents, invitees, licenses, or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordemployees.

Appears in 1 contract

Sources: Lease Agreement (Freeshop Com Inc)

Alterations. Landlord is under no obligations to a. Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements to the Leased Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Notwithstanding anything herein to the contrary, Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect or make non-structural improvements or alterations with a total value of less than $50,000.00 provided that (i) the improvements or alterations do not affect the sprinkler system or electrical system of the Building, (ii) Tenant provides Landlord with notice prior to commencing such improvements or alterations, (iii) the improvements or alterations do not affect the exterior of the Premises, (iv) the improvements or alterations do not alter the basic character of the Building or overload or damage the Building, (v) the improvements or alterations comply with all applicable governmental laws, ordinances, regulations and other requirements, (vi) Tenant does not require access to any portion of the Building outside of the Premises, and (vii) Tenant provides Landlord with "as built" drawings for any improvements or alterations made by Tenant. Any alterations, additions or improvements made by or on behalf of Tenant to the Premises and approved by Landlord ("Tenant Alterations") shall be made by contractors reasonably acceptable to Landlord pursuant to plans and specifications approved by Landlord. Tenant shall reimburse Landlord for its reasonable costs in reviewing plans and specifications for Tenant's alterations in an amount not to exceed $500.00 provided that Landlord is not required to hire an outside consultant to review such plans and specifications. Landlord's right to review plans and specifications shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or the Tenant Alterations constructed pursuant thereto comply with applicable laws, codes, rules or regulations. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials in connection with the Tenant Alterations, prior to beginning such construction. Tenant shall assure payment for the completion of all work in connection with the Tenant Alterations free and clear of liens and shall provide certificates of insurance for worker's compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction of any Tenant Alterations. Upon completion of any Tenant Alterations, Tenant shall deliver to Landlord sworn statements setting forth the names of all contractors and subcontractors who performed work on the Tenant Alterations and final lien waivers from all such contractors and subcontractors. Tenant Alterations shall also include improvements and alterations made by Tenant without the requirement of Landlord's approval. b. All Tenant Alterations shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, if Landlord elects as hereinafter provided, remove all Tenant Alterations and restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that unless Landlord elects and notifies Tenant at the time of its review and approval of proposed Tenant Alterations that such Tenant Alterations must be removed, such Tenant Alterations shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. Notwithstanding the foregoing, Tenant shall have the rightright to remove all Tenant Alterations (other than the Tenant Improvements or any replacements of the Tenant Improvements) at the expiration or earlier termination of the Lease unless Landlord notifies Tenant at the time Landlord approves such Tenant Alteration(s) that Tenant shall not be entitled to remove such Tenant Alteration(s) at the expiration or earlier termination of this Lease. All shelves, at Tenant’s sole cost bins, machinery and expense, to make any reasonable alterations, decorations, improvements or additions trade fixtures installed by Tenant may be removed by Tenant prior to the Leased termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord. Upon any such removal Tenant shall restore the Premises to its original condition, ordinary wear and tear excepted. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the Building and the improvements situated in the Premises. c. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall have the right to require Tenant may desireto restore those areas of the Premises constituting the testing area (which Landlord and Tenant agree contains approximately 30,000 square feet of space based on the Working Drawings; provided that such square footage shall be subject to adjustment based on any changes to the Working Drawings or changes to the testing area during the Term of this Lease) to the condition of the warehouse space constituting the Premises, PROVIDEDwhich restoration shall include raising sprinkler heads, HOWEVERinstallation of warehouse lights, painting exposed walls white, demising the office area from the testing area and performing any electrical adjustments required for the office area to function independently from the remaining portion of the Premises. In the event Landlord elects to require Tenant to restore the testing area to warehouse space, Landlord shall give notice to Tenant of such election not less than 60 days prior to the expiration of this Lease, and in the event the Lease is terminated prior to the scheduled Termination Date, Landlord shall notify Tenant of such restoration requirement upon the termination of this Lease. Landlord agrees that subject to Tenant's compliance with the terms and conditions of this Paragraph 7, Tenant shall not undertake any material alteration, decoration, installation or addition be entitled to the Leased Premises without first obtaining (i) construct up to 42,000 square feet of office space in the written consent of LandlordPremises (i.e., an additional 27,000 square feet than initially contemplated under this Lease), and (ii) when required by any mortgageeconstruct additional test area space in the Premises; provided that at the end of the Term, the written consent Premises contain at least 15,000 square feet of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordoffice area.

Appears in 1 contract

Sources: Lease Agreement (Somera Communications Inc)

Alterations. Landlord is under no obligations to Tenant shall not make any alterations, decorations, additions, improvements, demolitions improvements or other changes in additions of any kind or nature to the Leased PremisesPremises or any part thereof which affect the structural components, mechanical, electrical or HVAC components or the roof of the Building except with the prior approval of Landlord, which approval shall be in Landlord's sole discretion. Tenant shall have the right, at Tenant’s sole cost and expense, to may make any reasonable material alterations, decorations, improvements or additions to the Leased Premises as or any part thereof which do not affect the structural components, mechanical, electrical or HVAC components or the roof of the Building, provided Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to has received the Leased Premises without first obtaining (i) the written consent prior approval of Landlord, and (ii) when required by any mortgageewhich approval shall not be unreasonably withheld, the written consent of any mortgagee maintaining an interest in the Leased Premisesconditioned or delayed. Any such Tenant may make alterations, decorations, improvements or additions to the Leased Premises or any part thereof which are not material and do not affect the structural components, mechanical, electrical or HVAC components or the roof of the Building, without prior approval of Landlord. All alterations, improvements and additions to the Premises shall be made in compliance accordance with the plans and specifications prepared by Tenant and approved by Landlord and in accordance with all local ordinances applicable building codes. The approval by Landlord of the plans and public authorities having jurisdiction thereof specifications shall not constitute the assumption of any liability on the part of Landlord for their compliance or conformity with applicable building codes and the requirements of this Lease or for their accuracy, and Tenant shall be solely responsible for such plans and specifications. Such alterations, improvements and additions to the Premises shall be done in a good, good workmanlike manner using first-quality materials and first class manner. Any and all alterations shall at once when made or installed be deemed to have attached to the Leased Premises shall fee and to have become the property of Landlord (excluding all of Tenant's furniture, fixtures and equipment, regardless of the method of installation in the Premises) and shall remain for the benefit of Landlord upon termination at the end of the Term, or other expiration of this Lease, except for detachable in as good order and movable equipmentcondition as they were when installed, furniture reasonable wear and trade fixtures owned by Tenant, all of which may be removed by Tenanttear excepted. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay require its contractor and subcontractors to furnish Landlord on demand Certificates of Insurance evidencing insurance coverages with the limits as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed specified and referenced in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to LandlordExhibit "C".

Appears in 1 contract

Sources: Lease (Simon Property Group L P /De/)

Alterations. Landlord is under (a) Tenant shall make no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Demised Premises of any nature without Landlord’s prior written consent which consent shall not be unreasonably withheld or delayed, provided, however, that Tenant shall have be entitled to make installations, alterations or additions costing less than $5,000.00 and which do not affect the rightmechanical, at electrical, plumbing or structural systems of the Building, without obtaining the prior written consent of Landlord (hereinafter, all changes requiring Landlord’s consent and those not requiring Landlord’s consent will be called “Tenant’s sole cost Changes”). All fixtures, equipment and expense, to make other tenant improvements installed in the Demised Premises by Tenant at its expense which is not consistent with standard office use shall be and shall remain the property of Tenant and shall be removed by Tenant at the expiration of the Lease Term; and provided that Tenant shall repair and restore any reasonable alterations, decorations, improvements or additions damage to the Leased Demised Premises as caused by the installation and/or removal of any such fixtures, equipment or other tenant improvements. Subject to the preceding sentence, if Tenant desires to leave any tenant improvements which it has made to the Demised Premises, Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to leave such improvements only with the Leased Premises without first obtaining (i) the prior written consent of Landlord, and (ii) when required by any mortgagee, such improvements shall then remain as part of the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Demised Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord at the expiration of the Lease Term. 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 termination removal of any such items from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the Demised Premises to substantially the condition existing prior to the installation and Tenant will repair any damage to the Demised Premises or the Building due to such removal. All property permitted or required to be removed by Tenant at the end of the Lease Term remaining in the Demised Premises after Tenant’s removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the Demised Premises by Landlord at Tenant’s expense. Landlord agrees that Tenant shall not be required to remove any part of Landlord’s Work pursuant to the attached Work Letter, including any halls, doors, corridors, ceiling tiles, and carpeting. (b) Any Tenant Changes made by Tenant or Tenant’s Contractors must comply with the following: (1) No Tenant Changes shall be made which shall impair the structural soundness or diminish the value of or cause permanent damage or injury to the Building or the Demised Premises or create a dangerous or hazardous condition or injure the business of or unreasonably interfere with, disturb or annoy any other tenant or occupant of the Building. (2) Landlord agrees to cooperate (i.e., executing permit applications, to the extent required). Tenant shall, before making any alterations, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. (3) All Tenant Changes shall be performed in a workmanlike manner and shall be in compliance with all laws, codes, ordinances, orders, rules, regulations and requirements of all governmental authorities having or asserting any jurisdiction. (4) Tenant shall maintain or cause to have maintained, at no cost to Landlord (i) Workmen’s Compensation Insurance, in accordance with all laws, covering all persons employed in connection with Tenant Changes and, (ii) General Liability Insurance in amounts and with insurers reasonably satisfactory to Landlord insuring Landlord and its agent against the hazards due to Tenant Changes. Prior to the commencement of any work, Tenant shall submit appropriate written proof reasonably satisfactory to Landlord of Tenant’s compliance with this requirement. (5) No Tenant Changes shall affect or change (i) the structural integrity of the Building, (ii) the exterior appearance of the Building, or (iii) the air-conditioning, air-cooling, plumbing, electrical or heating system and/or any other such system of the Building unless Tenant shall have (a) submitted to Landlord for its written approval, accurate dimensioned working drawings and specifications therefor and (b) paid to Landlord any reasonable third party fees or expenses incurred by Landlord in connection with submitting such drawings and specifications to an architect or engineer of Landlord’s selection for review or examination, and (c) obtained Landlord’s written approval of such drawings and specifications, not to be unreasonably withheld, conditioned or delayed. (6) Nothing in this Lease shall be construed in any way as constituting the permission, consent or request of the Landlord, express or implied through act, or omission to act, by inference or otherwise, to any contractor, sub-contractor, laborer, or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, installation, addition, decoration, alteration, or repair of or to the Demised Premises or so as to give to the Tenant the right, power, or authority to contract for or permit the rendering of any service or the furnishing of any material that would give rise to the filing of any mechanic’s lien against the Building or the Demised Premises. 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 in accordance with Article 43 of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlord.

Appears in 1 contract

Sources: Lease Agreement (Clickable Enterprises Inc)

Alterations. Landlord is under Tenant shall in no obligations event make or permit to make be made any alterationsalteration, decorationsmodification, additions, improvements, demolitions substitution or other changes in or change of any nature to the Leased mechanical, electrical, plumbing, HVAC , and sprinkler systems within or serving the Premises. Tenant shall have After completion of Tenant's Improvements within the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERPremises, Tenant shall not undertake make or permit any material alterationother improvements, decorationalterations, installation fixed decorations, substitutions or addition modifications, structural or otherwise, to the Leased Premises or the Building ("Alterations") without first obtaining (i) the prior written consent approval of Landlord, and (ii) when required by any mortgageewhich approval shall not unreasonably be withheld, conditioned or delayed. Landlord's approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, but not be limited to, the written consent installation or modification of any mortgagee maintaining an interest carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings; but shall not include the initial Tenant's Improvements placed within the Premises pursuant to subsection 5.1. All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in the Leased Premisesinstance of cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. Any such alterationsTenant may itself, decorationsor by engaging qualified contractors, improvements or additions to the Leased Premises make cosmetic changes, non-structural information-technology-related installations, and non-structural Alterations costing less than $25,000. All other Alterations shall be made in compliance with all local ordinances by Landlord, after competitive bidding and public authorities having jurisdiction thereof and in selection of a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned contractor reasonably approved by Tenant, all of which may be removed at Tenant's sole cost, payable by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationRent, Tenant shall discharge such lien (or petition) within thirty (30) days thereafterafter receipt of an invoice for same from Landlord, at which cost shall include Landlord's standard construction management fee, not to exceed three percent (3%) of construction costs. Tenant shall be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s sole cost and expense's Alterations. If Tenant makes any Alterations without the prior consent of Landlord, by the payment thereof or by the filing of a bond acceptable then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the cost thereof, as Additional Rent, on demand.

Appears in 1 contract

Sources: Maryland Full Service Office Lease (Gp Strategies Corp)

Alterations. Landlord is under no obligations to make any alterations, decorations, additions, improvements, demolitions Tenant shall not permit structural or other changes non-structural alterations or additions in or to the Leased Premises unless and until the plans have been approved by Landlord in writing. As a condition of and at the time of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations or improvements, except movable office furniture and equipment and trade fixtures, shall become a part of the realty and the property of Landlord, and shall not be removed by Tenant. If Landlord consents to Tenant's performance of alterations or additions to the Leased Premises, Tenant shall ensure that all alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation except to the extent caused by Landlord's negligence or intentional acts. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or by virtue of any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever; and nothing in this Lease contained 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 by bonding over or otherwise posting reasonable security to protect Landlord against loss within thirty (30) days after filing. Tenant shall indemnify and save harmless Landlord from all costs, losses, expenses, and attorneys' fees in connection with any such lien. Notwithstanding anything contained herein to the contrary, Tenant shall have the right, at Tenant’s sole cost without Landlord's consent, and expensein compliance with all other provisions of this section, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all non-structural alterations to the Leased Premises shall become which do not materially impact the property of Building's mechanical or electrical systems, do not require a building permit, and the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all aggregate cost of which may be removed by Tenant. does not exceed Seven Thousand Dollars ($7,000.00) in any given year, provided that Tenant gives Landlord mayfifteen (15) business days prior written notice of any such alteration, nonetheless, require Tenant to remove, at Tenant’s cost along with copies of all plans and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so electsspecifications relating thereto, and Tenant fails provides Landlord with lien waivers for all work, labor and services to remove such improvements, Landlord may remove such improvements at Tenant’s cost, be performed and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition materials to establish such lien) is filed be furnished in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordwork.

Appears in 1 contract

Sources: Lease Agreement (August Technology Corp)

Alterations. Landlord is under no obligations Any replacement, alteration, improvement or addition to or removal from the Premises, and any modifications to the Landlord-supplied furniture systems, are collectively referred to in this Lease as “Alterations.” Should Tenant desire to make any alterationsAlterations Tenant shall so notify Landlord in writing, decorationsand submit with its notice detailed plans and specifications, additionsor detailed drawings for furniture system modifications, improvementsdepicting them. Landlord shall have the right to approve all such Alterations, demolitions which approval shall not be unreasonably withheld or other changes in delayed. Landlord shall engage contractors to perform all such Alterations at Tenant’s cost. Landlord will not charge Tenant any construction supervision fee for Alterations. Prior to commencing any Alterations, Landlord shall submit the contractor’s bid to Tenant for its prior approval. Landlord also shall submit any change orders to Tenant for its prior approval. Neither approval of the plans and specifications nor supervision of the Alterations by Landlord shall constitute a representation or warranty by Landlord as to the Leased accuracy, adequacy, sufficiency or propriety of such plans and specifications or the quality of workmanship or the compliance of such Alterations with applicable law. At the time Landlord approves the plans for any Alterations, Landlord shall inform Tenant in writing as to which Alterations, if any, Landlord will require to be removed at the end of the Term, and to the extent Landlord does not so notify Tenant, Tenant shall not be obligated to remove any such Alterations. In no event shall Tenant be obligated to remove any normal office improvements or cabling installed in the Premises. Tenant shall have pay the rightentire cost of the Alterations within twenty (20) days of receipt of Landlord’s billing. Each Alteration, at whether temporary or permanent in character (excepting only Tenant’s sole cost equipment and expense, to make any reasonable alterations, decorations, improvements or additions trade fixtures) shall become Landlord’s property and shall remain upon the Premises at the [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the Leased Premises as Tenant may desireomitted portions. Blackhawk Lease Deer Valley Corporate Center Phoenix, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation AZ expiration or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, and (ii) when required by any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this LeaseLease (except those Landlord has informed Tenant that Tenant must remove at the end of the Term, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by as provided above) without compensation to Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed make no Alterations except in connection accordance with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordthis Section 7.

Appears in 1 contract

Sources: Office Space Lease (Blackhawk Network Holdings, Inc)

Alterations. Landlord is under no obligations 15.1 For each and every alteration, installation, addition or improvement (each, an “Alteration”) Tenant wishes to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERmake, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlordsubmit to Landlord a detailed description thereof, and (ii) when obtain Landlord’s written approval thereof, except that Landlord’s approval shall not be required by for nonstructural interior decorations not affecting the structural, mechanical, electrical or plumbing systems, or any mortgageecomponents thereof, of the Building. 15.2 Provided that the proposed Alteration does not in Landlord’s reasonable judgment involve any modification to the Building’s exterior or its structural, mechanical, electrical or plumbing systems or components, such approval shall not be unreasonably withheld, conditioned or delayed, but may be conditioned upon compliance with reasonable requirements of Landlord, including, without limitation, the filing of mechanics’ lien waivers by Tenant’s contractors and the submission of written consent evidence of commercially reasonable insurance coverage naming Landlord as an additional insured thereunder. Landlord may withhold its approval in its absolute and sole discretion with respect to each such Alteration which Landlord determines involves any mortgagee maintaining an interest modification to the Building’s exterior or its structural, electrical, mechanical or plumbing systems or any components thereof. 15.3 Tenant shall see that all Alterations in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made comply with all applicable present and future Requirements (as defined in Article 11). Landlord’s review and/or approval of plans, drawings, and specifications shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency or compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class mannerRequirements. 15.4 Tenant shall not permit any financing statement or statements to be filed with respect to any of the foregoing Alterations. Any All Alterations made by Tenant and all alterations fixtures attached to the Leased Premises by Tenant (including any generator but other than Tenant’s removable trade and business fixtures and equipment) shall remain at the Premises at the expiration or sooner termination of this Lease and become the property of the Landlord upon termination of this LeaseLandlord, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require unless Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails elects to remove such improvements, Landlord may remove such improvements at Tenant’s cost, same and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing repair any damage caused by such removal. If Notwithstanding anything in this Lease to the contrary, in no event shall Tenant be obligated to remove the Tenant Work or any lien (portion thereof or a petition to establish such lien) is filed in connection with any alteration, Tenant Alteration. 15.5 All Alterations shall discharge such lien (or petition) within thirty (30) days thereafter, be performed at Tenant’s sole cost by or one or more contractors approved by Landlord (in its reasonable discretion). Tenant shall be responsible for obtaining all governmental approvals, permits and/or licenses with respect to any Alteration. All Alterations shall be made in accordance with the following requirements of the Work Letter (except any references to Tenant Work shall be deemed to be to the applicable Alteration and expensereferences to a certificate of occupancy shall be included only to the extent required by law): II.6 (a), (d) and (e); II.7; II.8; II.10; II. 15.6 This Section 15 shall not apply to the Tenant Work, which shall be governed by the payment thereof or by the filing of a bond acceptable to LandlordWork Letter.

Appears in 1 contract

Sources: Lease Agreement (Erytech Pharma S.A.)

Alterations. Landlord is under Tenant shall make no obligations to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premisesdemised premises of any nature without Landlord's prior written consent. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions Subject to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of Landlord, and (ii) when required 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 adversely affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by any mortgageeusing contractors or mechanics first approved by Landlord. All fixtures and all paneling, the written consent of any mortgagee maintaining an interest partitions, railings and like installations, installed in the Leased Premises. Any such alterationspremises at any time either by Tenant or by Landlord on Tenant's behalf [ILLEGIBLE] installation, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of Landlord and shall remain upon and be surrendered with the Landlord upon demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this Leaselease, except for detachable elects to relinquish Landlord's right thereto and movable equipment, furniture and trade fixtures owned to have them removed by Tenant, all in which event, the same shall be removed from the premises by Tenant prior to the expiration of which the lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or 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, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by the Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord mayand Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, nonethelessgeneral liability, require personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien or U.C.C. financing statement 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 to removewithin ten days after notice, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and 's expense, by filing the payment thereof bond required by law or by the filing of a bond acceptable to Landlordotherwise.

Appears in 1 contract

Sources: Sublease Agreement (Maxwell Shoe Co Inc)

Alterations. Landlord is under no obligations to Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes in or improvements to the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior obtained written consent of Landlord, and (ii) when required by which consent will not be unreasonably withheld or delayed. Landlord hereby grants its consent to the alterations set forth on Exhibit B. In no event shall any mortgageesuch alteration, addition, or improvement weaken the written consent structure of or impair any mortgagee maintaining an interest in Building on the Leased PremisesProperty. Any such alterationsalteration, decorationsaddition, improvements or additions improvement to the Leased said Premises shall be done in accordance with the applicable City or Township, County and State laws and ordinances, and building and zoning rules and regulations. Tenant hereby expressly assumes full responsibility for all damages and injuries which may result to any person or property by reason of or resulting from alterations, additions, or improvements made in compliance by it to the Premises, and shall hold Landlord harmless with all local ordinances respect thereto. Tenant shall procure and public authorities having jurisdiction thereof and in file a good, workmanlike and first class manner. Any stipulation against liens and all alterations releases and waivers from Mechanics Liens prior to commencement of any construction at the Leased Property, and copies of said stipulations, releases and waivers shall be delivered to Landlord not later than forty-eight (48) hours prior to commencement. All alterations, shall remain on the Premises at the termination of the Lease and shall become the property of the Landlord, unless at the time the consent for the alteration was given by Landlord, the Landlord upon directed the alterations be removed at the termination of this Leasethe Lease in which event they shall be removed and the Premises shall be returned, except for detachable and movable at the expense of Tenant, to its condition prior to the alteration. All machines, equipment, furniture and trade fixtures owned supplies to be placed upon the Premises by Tenant, all the Tenant and not included on the plans and specifications for the Building shall remain the property of which may the Tenant and shall be removed by Tenant. Landlord may, nonetheless, require Tenant at the termination of the Lease; but the Tenant agrees to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing repair any damage to the Premises caused by the removal of such removalmachines, equipment, or supplies. If Notwithstanding anything contained in this section to the contrary, prior written consent of Landlord shall not be required for any lien alteration or course of alterations made within any one (or a petition to establish such lien1) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing calendar year that have an aggregate value of a bond acceptable to Landlordless than $10,000.

Appears in 1 contract

Sources: Lease Agreement (Mapquest Com Inc)

Alterations. Landlord is under no obligations to 8.1 Except as shown on Exhibit D, Tenant shall not make any alterations, decorations, additions, improvements, demolitions additions or other changes improvements in or to the Leased PremisesPremises or any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent which consent shall not be unreasonably withheld or delayed. Notwithstanding the preceding sentence, Tenant may make alterations, additions or improvements without Landlord's consent if the total cost of those alterations, additions or improvements is no more than Five Thousand Dollars ($5,000.00) per occurrence and the alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Building or the elevator, mechanical, electrical, plumbing or life safety systems of the Building. Tenant shall have give prior written notice of any such allowed alterations, additions or improvements to Landlord. All alterations, additions and improvements in or to the right, Premises to which Landlord consents shall be made by Landlord at Tenant’s 's sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, . Tenant shall not undertake give written notice to Landlord of the date on which construction of any material alterationwork will be commenced at least five (5) days prior to that date. Tenant shall keep the Premises and the Building free from mechanics' liens and all other liens arising out of any work performed, decorationlabor supplied, installation materials furnished or addition other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based or shall provide a bond or other adequate security therefor. Landlord shall have the right to post and keep posted on the Leased Premises without first obtaining (i) any notices that may be provided by law or which Landlord may deem to be proper for the written consent protection of Landlord, the Premises and the Building from liens, and, upon thirty (ii30) when required by days' prior written notice to Tenant, to take any mortgagee, other action Landlord deems necessary to remove or discharge liens or encumbrances at the written consent expense of any mortgagee maintaining an interest in the Leased Premises. Any such Tenant. 8.2 All alterations, decorationsadditions, fixtures and improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become part of the Building and Landlord's property. All movable furniture, equipment, trade fixtures, computers, office machines and other personal property shall remain the property of the Landlord upon Tenant. Upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to removeshall, at Tenant’s cost and 's expense, any and remove all such movable furniture, equipment, trade fixtures, equipment computers, office machines and other improvements installed on Leased Premises personal property from the Building and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any repair all damage caused by such the removal. If any lien (or a petition Termination of this Lease shall not affect the obligations of Tenant pursuant to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable this paragraph 8.2 to Landlordbe performed after termination.

Appears in 1 contract

Sources: Commercial Lease (Petopia Com Inc)

Alterations. Landlord is under no obligations Except for any initial improvement of the Premises pursuant to make any alterationsExhibit "D", decorations, additions, improvements, demolitions or other changes in or to which shall be governed by the Leased Premises. Tenant shall have the right, at Tenant’s sole cost and expense, to make any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERprovisions of said Exhibit "D", Tenant shall not undertake make, suffer or permit to be made any material alterationalterations, decorationadditions or improvements to or of the Premises or any part thereof, installation or addition to the Leased Premises attach any fixtures thereto except for Tenant's trade fixtures and equipment, without first obtaining Landlord's written consent. With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (i) e.g., mechanical, electrical or plumbing), does not diminish the written consent capacity of Landlordsuch Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and (ii) when required by any mortgageeis in full compliance with all laws, the written orders, ordinances, directions, requirements, rules and regulations of all governmental authorities, Landlord's consent of any mortgagee maintaining an interest in the Leased Premisesshall not be unreasonably withheld. Any such alterations, decorations, additions or improvements or additions to the Leased Premises consented to by Landlord shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the by Landlord upon termination of this Lease, except or under Landlord's supervision for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, 's account and Tenant shall pay reimburse Landlord on demand for all costs thereof (including a reasonable charge for Landlord's overhead), as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alterationRent, Tenant shall discharge such lien (or petition) within thirty (30) days thereafterafter receipt of a statement. All such alterations, additions and improvements shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant at the time Landlord grants its approval to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at Tenant’s its sole cost and expense, by the payment thereof or by Premises to its condition prior to the filing installation of a bond acceptable to Landlordsuch alterations, additions and improvements, normal wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (Focal Communications Corp)

Alterations. Landlord is under no obligations to make any Any alterations, decorations, additions, improvements, demolitions or other changes in or improvements made to the Leased Premises by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to building systems (“Alterations”) shall be subject to Landlord's prior written consent, which may be given or withheld in Landlord's sole discretion if any such Alteration affects the structure or building systems. If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement, performance and completion of such Alterations as Landlord may deem appropriate in Landlord's sole and absolute discretion. Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost of the alterations as may be reasonably requested by Landlord, including the identities and mailing addresses of all persons performing work or supplying materials. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to ensure that such plans and specifications or construction comply with applicable Legal Requirements. Tenant shall have the rightcause, at Tenant’s its sole cost and expense, all Alterations to comply with insurance requirements and with Legal Requirements and shall implement at its sole cost and expense any alteration or modification required by Legal Requirements as a result of any Alterations. Tenant shall pay to Landlord, as Additional Rent, on demand an amount equal to 5% of all charges incurred by Tenant or its contractors or agents in connection with any Alteration to cover Landlord's overhead and expenses for plan review, coordination, scheduling and supervision. Before Tenant begins any Alteration, Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, delays caused by such work, or inadequate cleanup. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of all Alterations work free and clear of liens, and shall provide (and cause each contractor or subcontractor to provide) certificates of insurance for workers' compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction. Upon completion of any reasonable alterations, decorations, improvements or additions to the Leased Premises as Tenant may desire, PROVIDED, HOWEVERAlterations, Tenant shall not undertake any material alteration, decoration, installation or addition deliver to the Leased Premises without first obtaining Landlord: (i) sworn statements setting forth the written consent names of Landlord, all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors: and (ii) when required by "as built" plans for any mortgageesuch Alteration. Except for Removable Installations (as hereinafter defined), the written consent of any mortgagee maintaining an interest in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises all Installations (as hereinafter defined) shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become remain the property of Landlord during the Landlord upon Term and following the expiration or earlier termination of this Leasethe Term, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may shall not be removed by TenantTenant at any time during the Term, and shall remain upon and be surrendered with the Premises as a part thereof. Notwithstanding the foregoing, Landlord may, nonethelessat the time its approval of any such Installation is requested, require notify Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so electsrequires that Tenant remove such Installation upon the expiration or earlier termination of the Term, in which event Tenant shall remove such Installation in accordance with the immediately succeeding sentence. Upon the expiration or earlier termination of the Term, Tenant shall remove (i) all wires, cables or similar equipment which Tenant has installed in the Premises or in the risers or plenums of the Building, (ii) any Installations for which Landlord has given Tenant notice of removal in accordance with the immediately preceding sentence, and Tenant fails to remove such improvements, Landlord may remove such improvements at (iii) all of Tenant’s cost's Property (as hereinafter defined), and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing restore and repair any damage caused by or occasioned as a result of such removal, including, without limitation, capping off all such connections behind the walls of the Premises and repairing any holes. If During any lien (restoration period beyond the expiration or a petition to establish such lien) is filed in connection with any alterationearlier termination of the Term, Tenant shall discharge such pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. If Landlord is requested by Tenant or any lender, lessor or other person or entity claiming an interest in any of Tenant Property to waive any lien (or petition) within thirty (30) days thereafter, at Landlord may have against any of Tenant’s sole cost Property, and expenseLandlord consents to such waiver, by the payment thereof or by the filing then Landlord shall be entitled to be paid as administrative rent a fee of $1,000 per occurrence for its time and effort in preparing and negotiating such a bond acceptable to Landlord.waiver of lien. #4262661_v3

Appears in 1 contract

Sources: Asset Purchase Agreement (Forbes Medi-Tech Inc.)

Alterations. Landlord is under no obligations to make any alterationsNo Alterations, decorationsas defined below, additionsshall be made in the Demised Premises by Tenant without the prior written consent of Landlord, improvements, demolitions or other changes in or to the Leased Premiseswhich may be withheld at ▇▇▇▇▇▇▇▇’s sole discretion. Tenant shall have the rightright to install all furniture, furnishings, and equipment necessary or desirable for the conduct of Tenant’s operations, all at no cost to Landlord. Any leasehold improvements, furnishings and equipment installed on the Demised Premises shall be maintained by Tenant, at Tenant’s sole cost and expense, to make any reasonable in good condition and repair. All remodeling, additions, alterations, decorationschanges, partitions, and installations of leasehold improvements (the “Alterations”) shall be performed by a contractor duly licensed by the state or additions local authority responsible for licensing building contractors and approved by Landlord. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Leased Demised Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining shall: (i) adversely affect the written consent structural integrity of Landlord, and the Building; (ii) when required by impair or affect 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 or unreasonably burden heating, air conditioning and other mechanical facilities or equipment; or (vi) otherwise affect the Building or Demised Premises in any mortgagee, the written consent of any mortgagee maintaining an interest in the Leased Premisesmaterially adverse way. Any such alterations, decorations, improvements or additions to personal property and unattached equipment installed by Tenant may be removed at the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class manner. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable provided that Tenant shall repair any damage caused to the Demised Premises by such removal. Any personal property and movable equipmentunattached equipment remaining in the Building or on the Demised Premises upon termination of this Lease shall, furniture if not removed within ten (10) days after written demand from Landlord to Tenant to remove the same, at ▇▇▇▇▇▇▇▇’s option in its sole discretion, become the property of Landlord, and trade fixtures owned by Tenant, all Landlord may retain or dispose of which may be removed by such personal property and unattached equipment in its sole discretion and without liability to account to Tenant. Upon request by Landlord, Tenant shall submit to Landlord maydetailed plans and specifications in connection with any Alterations and evidence that said plans and specifications comply with all federal, nonethelessstate and local statutes, require regulations, ordinances or laws. Landlord reserves the right, 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 to removeshall, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, make such modification or alteration to the completed Alterations as shall be required to bring the same in compliance. ▇▇▇▇▇▇▇▇’s consent to the plans and Tenant specifications, or any work proposed or completed by ▇▇▇▇▇▇, shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (not be deemed a representation or a petition to establish such lien) is filed in connection affirmation regarding compliance with any alterationsuch laws or regarding the suitability of such Alterations for Tenant’s intended purposes. In any event, Tenant shall discharge such lien (not remove any leasehold improvements and shall surrender the Demised Premises at the end of the Demised Term in good condition and repair, ordinary wear and tear and damage by casualty or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordcondemnation excepted.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Landlord is under no obligations Tenant may, from time to make any alterations, decorations, additions, improvements, demolitions or other changes in or to the Leased Premises. Tenant shall have the righttime, at Tenant’s sole its own cost and expense, to make any reasonable alterations, decorations, improvements or additions to expense and without the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the written consent of Landlord, make 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 Thirty Thousand Dollars and 00/100 Dollars (ii$30,000.00) when or less, provided Tenant first notifies Landlord in writing of any such Alterations. If Tenant desires to make any non-structural non-roof Alterations costing in excess of Thirty Thousand Dollars and 00/100 Dollars ($30.000.00) in any one instance or any other alteration, Tenant must first obtain the consent of Landlord thereto, which consent shall not be unreasonably withheld, conditioned or delayed. In the instances where Landlord consent is required above, if Landlord reasonably concludes that the Alterations involve any construction, alterations or additions requiring unusual expense to readapt the Premises so that the Premises can be used for the Permitted Uses as defined in this Lease on the Term Expiration Date, then Landlord shall 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 mortgageestructural or roof alterations to the Premises, Tenant must first obtain the consent of Landlord thereto. If Landlord consents to alterations affecting such structural components or the roof, Landlord shall be relieved of further maintenance and repair responsibility for the structural components affected by such alterations, 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 responsibility it may have to the component to be altered. Except as permitted in Section 12.2, if Tenant desires to make any alterations to the precast panels, or to the exterior of the Building, or Lot, Tenant must first obtain the prior written consent of any mortgagee maintaining an interest Landlord thereto, which may be withheld in the Leased Premises. Any such alterations, decorations, improvements or additions to the Leased Premises shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof and in a good, workmanlike and first class mannerLandlord's sole discretion. Any and all alterations to the Leased Premises shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which such Alterations may be removed done by Tenantany 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. Landlord mayNotwithstanding the foregoing, nonethelessno such bonding is required for non-structural, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased Premises. In the event that Landlord so elects, and Tenant fails to remove such improvements, Landlord may remove such improvements at Tenant’s cost, and Tenant shall pay Landlord on demand as Additional Rent the cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection with any alteration, Tenant shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a bond acceptable to Landlordnon-roof Alterations.

Appears in 1 contract

Sources: Lease Agreement (Netscout Systems Inc)

Alterations. Landlord is under After Lessee's initial occupancy of the Demised Premises and installation of Lessee's approved Pre-occupancy Tenant Work, Lessee shall make no obligations to make any alterations, decorationsinstallations, additions, improvements, demolitions additions or other changes improvements (herein collectively called "Alterations") in or to the Leased PremisesDemised Premises or the Building without Lessor's prior written consent. Tenant Items of a cosmetic nature and decorative modifications which do not adversely affect the structure of the Building or its mechanical, plumbing or electrical systems, are not deemed Alterations. Similarly, improvements which do not require a building permit, and which do not adversely affect the structure of the Building or its mechanical, plumbing or electrical systems, are not deemed Alterations. Consent by Lessor to Lessee's Alterations shall have not be unreasonably withheld, conditioned or delayed, except that Lessor may withhold its consent for any reason with regard to requested Alterations by Lessee which adversely affect the rightstructure of the Building or the mechanical, plumbing or electrical systems of the Building. Lessee, at Tenant’s its sole cost and expense, must provide Lessor with a copy of the original or revised full-floor mechanical and electrical plans for the floor or floors on which the Alterations are to make be made, revised by the Building architect and engineers to show Lessee's proposed Alterations. If any reasonable alterations, decorations, improvements or additions to Alterations are made without the Leased Premises as Tenant may desire, PROVIDED, HOWEVER, Tenant shall not undertake any material alteration, decoration, installation or addition to the Leased Premises without first obtaining (i) the prior written consent of LandlordLessor, Lessor may correct or remove the same, and (ii) when required Lessee shall be liable for any and all expenses incurred by any mortgagee, the written consent of any mortgagee maintaining an interest Lessor in the Leased Premisesperformance of this work. Any such alterations, decorations, improvements or additions to the Leased Premises All Alterations shall be made in compliance with all local ordinances and public authorities having jurisdiction thereof at Lessee's sole expense, at reasonable times and in a goodworkmanlike manner, workmanlike and first class manneronly by such contractors or mechanics as are approved in writing by Lessor. Approval of contractors or mechanics by Lessor shall be based upon the contractors or mechanics being properly licensed and insured in accordance with Section 18(D) below, their financial posture, experience and past job performance. Lessor's approval of such contractors or mechanics shall not be unreasonably withheld, conditioned or delayed. If Lessor fails to respond, within five (5) business days, to Lessee's request for contractor approval accompanied by satisfactory evidence of the respective contractor's required qualifications set forth above, Lessor's approval shall be deemed granted. Lessor may further require that Lessee obtain and deliver to Lessor written and unconditional waivers of mechanics' and materialmen's liens upon the Land and the Building for all work, labor and services to be performed, and materials to be furnished, in connection with any permitted Alterations, signed by all contractors, subcontractors and materialmen to become involved in any permitted Alterations. Lessor shall not be liable for any damages or losses caused by Lessee's contractors, and, as between Lessor and Lessee, Lessee agrees to pay any and all expenses, claims or damages to person or property which may arise directly or indirectly by reason of making any Alterations, all in accordance with Sections 10, 16 and 18(B) below. All Alterations to the Demised Premises, whether made by Lessor or Lessee, and whether at Lessor's or Lessee's expense, or the joint expense of Lessor and Lessee, shall be and remain the property of Lessor. Notwithstanding the foregoing, however, and provided this Lease shall remain free from default by Lessee, any Alterations, fixtures or any other property installed in the Demised Premises at the sole expense of Lessee and with respect to which Lessee has not been granted any credit or allowance by Lessor, whether pursuant to Exhibit B or otherwise, and which were designated for such removal on Lessee's plans and specifications therefor and can be removed without causing material damage to the Demised Premises and the Building or the Demised Premises, shall be and remain the property of Lessee. In the event Lessee removes any of these Alterations and the like, Lessee agrees to repair any damage to the Building caused by said removal and to restore the Demised Premises to a condition no less than that existing on the Commencement Date, normal wear and tear and damage by the elements, fire and other casualty excepted. Any replacements of any property or improvements of Lessor, whether made at Lessee's expense or otherwise, shall be and all alterations remain the property of Lessor. Lessor, at the time Lessor consents to the Leased Alterations, may elect to require Lessee to remove all or any part of the Alterations made by Lessee subsequent to the Commencement Date, it being understood and agreed, however, that in no event shall Lessor require Lessee to remove any Alterations which are in the nature of normal office improvements. Removal of Lessee's Alterations shall be at Lessee's cost and expense, and Lessee shall, at its cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. Lessee shall remove all of Lessee's property at the expiration or earlier termination of the Lease. In the event Lessee does not remove Lessee's property at the expiration or earlier termination of the Lease, such property shall become the property of the Landlord upon termination of this Lease, except for detachable and movable equipment, furniture and trade fixtures owned by Tenant, all of which may be removed by Tenant. Landlord may, nonetheless, require Tenant to remove, at Tenant’s cost and expense, any and all fixtures, equipment and other improvements installed on Leased Premises and thereafter to restore the Leased PremisesLessor. In the event that Landlord so elects, and Tenant Lessee fails to remove its property or the Alterations which it is required to remove on or before the expiration, or earlier termination, of the term of the Lease, then and in such improvementsevent, Landlord Lessor may remove such improvements property and Alterations from the Demised Premises at Tenant’s costLessee's expense, and Tenant shall Lessee hereby agrees to pay Landlord on demand to Lessor, as Additional Rent additional rent, the reasonable cost of repairing any damage caused by such removal. If any lien (or a petition to establish such lien) is filed in connection removal together with any alteration, Tenant and all reasonable damages which Lessor may suffer and sustain by reason of the failure of Lessee to remove the same. Said amount of additional rent shall discharge such lien (or petition) within thirty (30) days thereafter, at Tenant’s sole cost be due and expense, payable upon receipt by the payment thereof or by the filing Lessee of a bond acceptable to Landlordwritten statement of costs and damages from Lessor.

Appears in 1 contract

Sources: Office Lease (Costar Group Inc)