Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 3 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not install any signs, fixtures, improvements, nor make or permit any Alterations inother alterations or additions (individually, on or about an “Alteration”, and collectively, the “Alterations”) to the Premises without the prior written consent of Landlord, except for Alterations that cumulatively cost less than Twenty Five Thousand Dollars ($25,000.00) and according which do not affect the Building systems or the structural integrity or structural components of the Premises or the Building. In all events, Tenant shall deliver at least ten (10) days prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility and Tenant shall obtain all permits or other governmental approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole cost and expense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense by a licensed, insured, and bonded contractor (except as expressly set forth in this Lease), reasonably approved by Landlord) in compliance with all applicable laws Laws (including, but not limited to, The American With Disabilities Actthe ADA), and all recorded matters and rules and regulations of the Industrial Center. In addition, all work with respect to any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall must be done in a good and workmanlike manner conforming in quality and design with the Premises existing as manner. Landlord’s approval of the Commencement Dateany plans, and specifications or working drawings for Tenant’s Alterations shall not diminish create nor impose any responsibility or liability on the value of the Project. All Alterations made by Tenant shall be and become the property part of Landlord upon installation for their completeness, design sufficiency, or compliance with any laws, ordinances, rules and shall not be deemed Tenant’s Personal Propertyregulations of governmental agencies or authorities. Notwithstanding In performing the work of any other provisions of this Leasesuch Alterations, Tenant shall have the work performed in such a manner as not to obstruct access to the Industrial Center, or the Common Areas for any other tenant of the Industrial Center, and as not to obstruct the business of Landlord or other tenants in the Industrial Center, or interfere with the labor force working in the Industrial Center. Except with respect to the Tenant Improvements set forth in Exhibit F attached hereto, as Additional Rent hereunder, Tenant shall reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to one percent (1%) of the total cost of the Alterations. If Tenant makes any Alterations, Tenant agrees to carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require, it being understood and agreed that all of such Alterations shall be solely responsible for insured by Tenant in accordance with the maintenance terms of this Lease immediately upon completion thereof. Tenant shall keep the Premises and repair the property on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to construction of any and all Alterations made Alterations, cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by it to the Premises. Landlord, and Tenant shall give provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds as Landlord written notice shall require to assure payment of Tenantthe costs thereof to protect Landlord and the Industrial Center from and against any loss from any mechanic’s, materialmen’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsliens.
Appears in 3 contracts
Samples: Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc), Lease (Pacific Biosciences of California Inc)
Alterations. Landlord hereby consents to certain Tenant ImprovementsAll alterations, on the terms and subject additions or changes to the conditions of Exhibit C. Tenant Leased Premises that Lessee desires to make shall not make or permit any Alterations in, on or about the Premises without the require Lessor's prior written consent consent, after submission to Lessor of Landlord, and according to plans and specifications showing the alterations, additions or changes Lessee desires to make and any other information reasonably requested by Lessor, which consent shall not be unreasonably withheld, delayed or conditioned; provided, however, that Lessor's consent shall not be required for painting or installing removable decorative items (other than wall coverings and floor coverings). All alterations, additions or changes shall: be made by bondable (unless otherwise approved by Lessor) workers and contractors approved in advance in writing by LandlordLessor, which consent and approval shall not be unreasonably withheld, delayed or conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may(provided, however, require that with respect to alterations, additions or changes costing less than $50,000 in the aggregate being performed at any one time, such workers and contractors need not be bondable, but they shall still be subject to Lessor's approval as previously provided); be performed in accordance with the plans and specifications previously delivered to (and where required by this Lease, as approved by) Lessor; be done in a condition manner so as to create the granting of any such consent, that Tenant provide least possible disruption or inconvenience to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens Lessor and to insure completion of the work. Except other lessees in the case of Building and other workers and contractors performing work in the Tenant Improvements which are the subject of the Initial Installation, Building; and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming employing new construction materials at least equal in quality and design with the Premises existing as to those of the Commencement Dateexisting Building, and shall not diminish in compliance with all Legal Requirements, Insurance Requirements, "Rules and Regulations" (as hereinafter defined), and the value plans and specifications submitted to (and, where required, approved by) the Lessor. Before commencing work, Lessee shall: secure all necessary licenses, permits and approvals required by applicable Legal Requirements, and furnish copies thereof to Lessor; at Lessor's request, provide (or cause its contractor to provide) such bonds or other assurances satisfactory to Lessor protecting Lessor against claims arising out of the Project. All Alterations made by Tenant shall be furnishing of labor and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible materials for the maintenance work; and repair carry or cause each contractor to carry insurance with such coverages and in such amounts as Lessor may reasonably require (all such insurance to be written in companies approved by Lessor and Lessee shall deliver to Lessor certificates of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days such insurance prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement work). Within two (2) weeks after completion of any alterations, additions or changes involving Building systems, hardwall partitions, or structural changes, Lessee shall submit as-built drawings or sketches of the completed work to Lessor. Lessee shall indemnify, defend and hold harmless Lessor and its officers, directors, servants, agents, employees, contractors and invitees from and against any and all liability, damage, penalties or judgments and from and against any claims, actions, proceedings and expenses and costs in connection therewith, including reasonable attorneys' fees, resulting from any alterations, additions or improvements undertaken by or on behalf of Lessee, which obligations shall survive the expiration or termination of this Lease with respect to work performed by or on behalf of Lessee prior to such Alterationsexpiration or termination. In the course of any work being performed by or on behalf of Lessee, Lessee agrees to use labor compatible with that being employed by Lessor for work in the Building or on the Property, and not to employ or permit the use of any labor or otherwise take any action which might result in a labor dispute involving personnel providing services in the Building or on the Property pursuant to arrangements made by Lessor. Lessee shall not, without the specific written consent of Lessor and Lessee's written agreement to pay additional costs resulting therefrom, install any apparatus or device within the Leased Premises, including electronic data processing machines, punch card machines or any other machines, that would (i) weigh in excess of the machines normally used in comparable buildings in Nashua, New Hampshire; or (ii) use electrical power in excess of that available to the Leased Premises through the Building's existing electrical system; or (iii) in any way increase the amount of electrical power, water, gas heating or air conditioning used by Lessee in the Leased Premises to an amount in excess of the amount usually furnished at such time for use by lessees in general office space in other similar buildings in Nashua, New Hampshire.
Appears in 3 contracts
Samples: Lease Agreement (Skillsoft Public Limited Co), Lease Agreement (Skillsoft Public Limited Co), Lease Agreement (Skillsoft Public Limited Co)
Alterations. Landlord hereby consents Tenant shall have the right from time to certain Tenant Improvementstime after the completion of the Building(s) and at its sole cost and expense to make additions, on alterations and changes, structural or otherwise (any addition, alteration or change involving an estimated cost up to but not exceeding $750,000, reasonably adjusted for inflation every 5 Years in the terms same manner as the Base Rent is adjusted pursuant to Section 4.1 hereof, being called an “Alteration” and subject any addition, alteration, or change involving an estimated cost of more than $750,000 being hereinafter called a “Substantial Alteration”) in or to the conditions Premises, provided no Event of Exhibit C. Default shall be continuing, subject, however, in all cases to the following:
(a) No Substantial Alteration shall be commenced except after twenty (20) days prior written notice to Landlord.
(b) No Alteration or Substantial Alteration shall be undertaken until Tenant shall not make or permit any Alterations inhave procured and paid for, on or about so far as the Premises same may be required from time to time, all permits and authorizations from all municipal departments and governmental sub-divisions having jurisdiction. Landlord shall join, but without the prior written consent of expense to Landlord, in the application for such permits or authorizations whenever such action is necessary.
(c) Any Substantial Alteration (other than alterations affecting the plumbing, heating, electrical and according to other Building utilities) shall be conducted under the supervision of an architect or engineer selected by Tenant, 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 architect or engineer and reasonably approved in writing by Landlord, which consent and such approval shall not to be unreasonably withheld, conditioned or delayed. Except In addition to the items mentioned in the case of the preceding sentence, Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require shall also provide to Landlord evidence reasonably satisfactory to Landlord as a condition to the granting of any funds available to Tenant to complete such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half Substantial Alteration.
(1½d) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Any Alterations or Substantial Alterations shall be installed at Tenant’s sole expense made with reasonable dispatch (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, Unavoidable Delays excepted) and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming and in quality compliance in all material respects with all applicable permits and design authorizations and buildings and zoning laws and with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any all other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair Legal Requirements of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsGovernmental Authority.
Appears in 3 contracts
Samples: Share Purchase Agreement (AmeriCann, Inc.), Share Purchase Agreement (AmeriCann, Inc.), Share Purchase Agreement (AmeriCann, Inc.)
Alterations. Landlord hereby consents 6.1 Except for those, if any, specifically provided for in Exhibit B to certain Tenant Improvementsthis Lease, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit suffer to be made any Alterations alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on on, or about to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, and according to Tenant shall, if requested by Landlord, furnish complete plans and specifications approved in writing by for such alterations, additions and improvements. Landlord, which ’s consent and approval shall not be unreasonably withheldwithheld with respect to alterations which (i) are not structural in nature, conditioned or delayed. Except in (ii) are not visible from the case exterior of the Tenant Improvements which are the subject Building, (iii) do not affect or require modification of the Initial InstallationBuilding’s electrical, Landlordmechanical, at its sole optionplumbing, mayHVAC or other systems, however, require as a condition and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the granting making of any such consentalteration, that Tenant provide to addition or improvement by Tenant, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, a lien Tenant shall be responsible for and completion bond in an amount equal to one and one-half (1½) times hold Landlord harmless from any and all estimated delays, damages and extra costs suffered by Landlord as a result of any intended improvements to dispute with any labor unions concerning the Premiseswage, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion hours, terms or conditions of the workemployment of any such labor. Except in the case In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant Improvements which are the subject of the Initial Installationshall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost prior to construction, provide the additional insurance required under Article 11 in such case, and expensealso all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, including but not limited to, The American With Disabilities Actnotices of non-responsibility, waivers of lien, surety company performance bonds and any state or local building, fire or safety codes, ordinances or regulations), the Rules funded construction escrows and Regulations to protect Landlord and the CC&RBuilding and appurtenant land against any loss from any mechanic’s, by Landlordmaterialmen’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any or other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premisesliens. Tenant shall give pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord written notice may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of Tenant’s intention to perform any Alterations on removing such alterations or improvements and restoring the Premises at least twenty (20) days prior Premises, to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsextent required under Section 26.2.
Appears in 3 contracts
Samples: Lease Agreement (Schrodinger, Inc.), Lease Agreement (LogMeIn, Inc.), Memorandum of Understanding (Cygne Designs Inc)
Alterations. Landlord hereby consents to certain 18.1 Tenant Improvementsshall make no alterations, on the terms and subject additions or improvements in or to the conditions Premises or engage in any construction, demolition, reconstruction, renovation, or other work (whether major or minor) of Exhibit C. Tenant any kind in, at, or serving the Premises (“Alterations”) without Landlord’s prior written approval, which approval Landlord shall not make unreasonably withhold, condition or permit delay; provided, however, that in the event any Alterations inproposed Alteration adversely affects (a) any structural portions of the Building, on including exterior walls, roof, foundation or about core of the Premises without Building, (b) the exterior of the Building or (c) any Building systems, including elevator, plumbing, air conditioning, heating, electrical, security, life safety and power, then Landlord may withhold its approval with respect thereto in its sole and absolute discretion. Tenant shall, in making any such Alterations, use only those architects, contractors, suppliers and mechanics of which Landlord has given prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordapproval, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the In seeking Landlord’s approval, Tenant Improvements which are the subject of the Initial Installation, shall provide Landlord, at its sole optionleast fourteen (14) days in advance of any proposed construction, maywith plans, specifications, bid proposals, work contracts, requests for laydown areas and such other information concerning the nature and cost of the Alterations as Landlord may reasonably request. Notwithstanding the foregoing, Tenant shall not be required to seek Landlord’s prior consent to cosmetic Alterations in the Premises that cost less than $50,000 in any one instance; provided, however, require that in the event any proposed Alteration adversely affects (a) any structural portions of the Building, including exterior walls, roof, foundation or core of the Building, (b) the exterior of the Building or (c) any Building systems, including elevator, plumbing, air conditioning, heating, electrical, security, life safety and power, then Tenant must obtain Landlord’s approval, and Landlord may withhold such approval in its sole and absolute discretion.
18.2 Tenant shall not construct or permit to be constructed partitions or other obstructions that might interfere with free access to mechanical installation or service facilities of the Building, or interfere with the moving of Landlord’s equipment to or from the enclosures containing such installations or facilities, without first obtaining Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed.
18.3 Tenant shall accomplish any work performed on the Premises or the Building in such a manner as a condition to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times.
18.4 Any work performed on the Premises or the Building by Tenant or Tenant’s contractors shall be done at such times and in such manner as Landlord may from time to time reasonably designate. Tenant covenants and agrees that all work done by Tenant or Tenant’s contractors shall be performed in full compliance with Applicable Laws. Within thirty (30) days after completion of any Alterations, if applicable, Tenant shall provide Landlord with complete “as-built” drawing print sets and electronic CADD files on disc (or files in such other current format in common use as Landlord reasonably approves or requires) showing any changes in the Premises. Within sixty (60) days of the Term Commencement Date, Landlord shall provide Tenant with complete “as-built” drawing print sets and electronic CADD files on disc (or files in such other current format in common use as Landlord reasonably approves or requires) for the Building, and agrees to provide Tenant with updates to the granting of any such consentsame to the extent necessary for Tenant to efficiently provide Landlord with the deliverables required by the prior sentence.
18.5 All Tenant Improvements, that Tenant provide Alterations, attached equipment, decorations, fixtures, trade fixtures, additions and improvements, subject to LandlordSections 18.8 and 20.3, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal attached to one and one-half (1½) times any and all estimated costs of any intended improvements to or built into the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion made by either of the work. Except Parties, including, without limitation, all floor and wall coverings, built-in the case of the Tenant Improvements which are the subject of the Initial Installationcabinet work and paneling, sinks and unless otherwise agreed related plumbing fixtures, built-in writing by the partieslaboratory benches, Tenant shallexterior venting fume hoods and walk-in freezers and refrigerators, at its sole cost ductwork, conduits, electrical panels and expensecircuits (collectively, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease“Attached Property”), shall (unless, prior to such construction or installation, Landlord elects otherwise in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and writing) become the property of Landlord upon installation the expiration or earlier termination of the Term, and shall not remain upon and be deemed Tenant’s Personal Propertysurrendered with the Premises as a part thereof. The Premises shall at all times remain the property of Landlord and shall be surrendered to Landlord upon the expiration or earlier termination of this Lease. Notwithstanding any other provisions the foregoing, upon termination of this Lease, Tenant shall be solely responsible have the right to remove any equipment, laboratory/research equipment, decorations, trade fixtures and personal property from the Premises that was paid for the maintenance entirely by Tenant and repair of any and all Alterations made by it that is not affixed to the Premises. Building or the Property in a manner that removal of the same would require substantial alteration (for example, trade fixtures that are merely bolted to the Building would not require substantial alteration to remove; but an item such as an installed walk-in freezer would require substantial alterations to remove) (“Tenant’s Personal Property”); provided, however, Tenant shall repair any damage to the Premises associated with such removal.
18.6 Before commencing any work, Tenant shall give Landlord at least fourteen (14) days’ prior written notice of the proposed commencement of such work and shall, if required by Landlord, secure, at Tenant’s intention own cost and expense, a completion and lien indemnity bond satisfactory to perform Landlord for said work.
18.7 Tenant shall repair any damage to the Premises caused by Tenant’s removal of any property from the Premises. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. The provisions of this Section shall survive the expiration or earlier termination of this Lease.
18.8 If Tenant shall fail to remove any of its property from the Premises prior to termination of this Lease, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store said effects without liability to Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any costs and expenses incurred due to such removal and storage or Landlord may, at its sole option and without notice to Tenant, sell such property or any portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the proceeds of such sale against any (a) amounts due by Tenant to Landlord under this Lease and (b) any expenses incident to the removal, storage and sale of said personal property.
18.9 Notwithstanding any other provision of this Article 18 to the contrary, in no event shall Tenant remove any improvement from the Premises as to which Landlord contributed payment, including, without limitation, the Tenant Improvements made pursuant to the Work Letter without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
18.10 Tenant shall reimburse Landlord for any extra expenses incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of inadequate clean-up.
18.11 Within sixty (60) days after final completion of the Tenant Improvements (or any other Alterations performed by Tenant with respect to the Premises), Tenant shall pay to Landlord an amount equal to four percent (4%) of the cost to Tenant of all Alterations installed by Tenant or its contractors or agents to cover Landlord’s overhead and expenses for plan review, coordination, scheduling and supervision thereof (the “Alteration Fee”); provided, however, that no Alteration Fee shall be payable for any Alterations which do not require any plan review, coordination, scheduling or supervision; and provided, further, that the parties agree that the Alteration Fee shall not apply to the Tenant Improvements since Landlord will receive the Construction Management Fee as described in the Work Letter. For purposes of payment of such sum, Tenant shall submit to Landlord copies of all bills, invoices and statements covering the costs of such charges, accompanied by payment to Landlord of the fee set forth in this Section. Tenant shall reimburse Landlord for any extra expenses incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of inadequate clean-up.
18.12 Tenant shall require its contractors and subcontractors performing work on the Premises at least twenty to name Landlord and its affiliates and lenders (20so long as Landlord notifies Tenant in writing of the identity of the same) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsas additional insureds on their respective insurance policies.
Appears in 3 contracts
Samples: Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc), Lease (NanoString Technologies Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make any alterations, additions or permit any Alterations in, on or about improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and according to regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved in writing by Landlord; and any contractor or person selected by Tenant to make the same, which or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and approval shall not be unreasonably withheldexpense and in good workmanlike manner erect such shelves, conditioned or delayed. Except in bins, machinery and other trade fixtures as it may deem advisable, without altering the case basic character of the Tenant Improvements which are Building or Development and without overloading the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any floor or damaging such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial InstallationBuilding or Development, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance each case after complying with all applicable laws (includinggovernmental laws, but not limited toordinances, The American With Disabilities Actregulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and any state shall be removed by the date of termination of this Lease or local building, fire or safety codes, ordinances or regulations), upon earlier vacating of the Rules and Regulations and the CC&R’s, Premises if required by Landlord’s contractor unless otherwise agreed by ; upon any such removal Tenant shall restore the partiesPremises to their original condition. All Alterations such removals and restoration shall be done accomplished in a good and workmanlike manner conforming in so as not to damage the primary structure or structural quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsBuilding.
Appears in 3 contracts
Samples: Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. A. Tenant shall not make any alterations, additions or permit improvements to any Alterations in, on Site or about the Premises any portion thereof (“Alterations”) without first obtaining the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, Landlord which consent and approval shall not be unreasonably withheld, conditioned or delayed; provided, however, that so long as no Event of Default has occurred and is continuing, Landlord’s prior written consent shall not be required, but prior written notice shall be delivered to Landlord accompanied with full and complete drawings and plans prepared by a licensed architect or engineer, if applicable, for any Alterations to a Site that: (i) are not structural additions or structural alterations to such Site; (ii) will not change the essential nature of any Building as a restaurant and gift shop or ancillary uses; (iii) will not materially and adversely affect the structural elements or roof of any Building, the proper functioning of a Building’s systems nor the impair the value of such Building; and (iv) do not exceed the cost of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) for any Site on an annual basis. Except In seeking approval from Landlord of any Alterations, if required, Tenant shall provide Landlord with (1) full and complete set of drawings and plans for the proposed Alterations prepared by a licensed architect or engineer; and (2) notice of whether the Alteration will involve or affect Hazardous Materials. Tenant shall not have the right to seek any zoning changes or variances in connection with any Alterations without Landlord’s approval, provided that Landlord’s consent to a variance in connection with any Alterations shall not be unreasonably withheld provided such variance does not change the essential nature of any Building. Tenant shall reimburse Landlord upon demand for any reasonable third party out-of-pocket costs, including, without limitation, attorney’s fees and engineering advisor’s fees, related to Landlord’s review of any Alterations request by Tenant.
B. All Alterations shall be constructed by Tenant, without expense to Landlord, in a good, first-class, professional and workmanlike manner so as not to void or make voidable any roof or other warranties, employing materials of first-class quality free of material defects, and in compliance with all Law, all applicable Encumbrances and all regulations and orders, rules and regulations of the Board of Fire Insurance Underwriters or any other body exercising similar functions, and in compliance with the terms and conditions of this Lease.
C. Prior to the commencement of construction of any Alteration that required Landlord’s consent hereunder, Tenant shall deliver to Landlord certificates evidencing the existence of (a) workmen’s compensation insurance with coverage limits not less than statutory limits covering all persons employed for such work; (b) a completed operations endorsement to the commercial general liability insurance policy referred to Section 15.B; (c) reasonable comprehensive general liability and property damage insurance naming Landlord, its designees and Tenant as additional insureds, with coverage of at least $1,000,000 single-limit or such greater amount as may be reasonably requested by Landlord; and (d) builders all risk insurance on a completed value basis (or its equivalent) covering all physical loss, in an amount no less than the full replacement value of the Alterations in question.
D. Promptly upon the completion of construction of any Alteration that is permanently affixed to the Premises and alters the existing footprint or elevation of a Building, Tenant shall deliver to Landlord one complete set of “as built” drawings thereof (and if the Alterations involve any change to the footprint of the applicable Building or the erection of a new building, an ALTA survey for the applicable Site certified to Landlord and any Landlord Mortgagee), proof of payment for all labor and materials, and if and to the extent commercially obtainable, copies of guarantees, if any, from all major contractors in favor of Landlord and Tenant (jointly and separately) against defects and deficiencies in materials and workmanship, and requiring the correction of the same upon demand of Landlord and Tenant at the expense of such contractor.
E. All Alterations, whether temporary or permanent in character, made in or upon the Premises either by Landlord or Tenant (other than Tenant’s Personal Property installed or placed on the Premises by or on behalf of Tenant) shall be Landlord’s property, and will remain with the Premises without compensation to Tenant. Notwithstanding the foregoing, in the case of any Alteration requiring Landlord’s prior written approval, Landlord may condition such approval on Tenant’s agreement to remove all or a portion of such Alteration at the Tenant Improvements which are the subject end of the Initial InstallationTerm. Landlord shall provide Tenant with notice, Landlord, at its sole option, may, however, require as a condition of Tenant’s obligation to the granting of remove any such consent, Alteration at the end of the Term upon Landlord’s review of such Alteration. If Landlord does not notify Tenant that Tenant provide is obligated to Landlordremove such Alteration, such Alteration may be removed at Tenant’s sole cost option. Upon the expiration or sooner termination of this Lease, all Alterations on the Premises required by Landlord to be removed as aforesaid, or any part or parts thereof so designated by Landlord, shall be removed from the Premises by Tenant and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements the Premises restored to the Premises, same or better condition than existed immediately prior to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion the construction of the work. Except in the case of the Tenant Improvements which are the subject of the Initial InstallationAlteration, reasonable wear and tear, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, damage from fire or safety codesother casualty excepted. Notwithstanding Section 4.B, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and it shall not be deemed Tenant’s Personal Property. Notwithstanding an Event of Default if Tenant reduces or ceases operation (only to the extent reasonably necessary) during the construction of any other Alterations made in accordance with the terms and provisions of this Lease, Tenant shall be solely responsible so long as such reduction or ceasing of operations does not continue for more than ninety (90) consecutive days in the maintenance and repair of any and all Alterations made by it aggregate with respect to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsAlteration, subject to Force Majeure Delays.
Appears in 3 contracts
Samples: Master Lease Agreement (Cracker Barrel Old Country Store, Inc), Agreement for Purchase and Sale of Real Property (Cracker Barrel Old Country Store, Inc), Master Lease Agreement (Cracker Barrel Old Country Store, Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make no alterations, additions or permit any Alterations in, on or about improvements to the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Landlord shall not be unreasonably withheldwithhold its consent to any alterations, conditioned additions or delayed. Except in improvements to the case Premises which cost less than One Dollar ($1.00) per square foot of the Tenant Improvements which are the subject improved portions of the Initial InstallationPremises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, at its sole optionelectrical, mayplumbing or HVAC systems, howeverfacilities or equipment located in or serving the Building, require or (v) diminish the value of the Premises. Landlord may impose, as a condition to the granting of any such its consent, any requirements that Tenant provide Landlord in its discretion may deem reasonable or desirable, including but not limited to Landlord, at Tenant’s sole cost and expense, a requirement that all work be covered by a lien and completion bond in an amount equal satisfactory to one Landlord and one-half (1½) times any and all estimated costs of any intended improvements requirements as to the Premisesmanner, to insure Landlord against any liability time, and contractor for mechanics’ and materialmen’s liens and to insure completion performance of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, shall obtain all necessary required permits for the work and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), perform the work in compliance with all applicable laws (includinglaws, but not limited toregulations and ordinances, The American With Disabilities Actall covenants, conditions and restrictions affecting the Project, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations (hereafter defined). Tenant understands and agrees that Landlord shall be entitled to a supervision fee in the CC&R’samount of five percent (5%) of the cost of the work. If any governmental entity requires, as a condition to any proposed alterations, additions or improvements to the Premises by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, at Tenant's sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, if required by Landlord’s contractor unless otherwise agreed by , Landlord's contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant make any improvement which incorporates any Hazardous Materials, including without limitation asbestos-containing construction materials into the partiesPremises. All Alterations Any request for Landlord's consent shall be done made in a good writing and workmanlike manner conforming shall contain architectural plans describing the work in quality and design with detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises existing as of the Commencement Date, (excluding moveable trade fixtures and furniture) shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant’s Personal Property. Notwithstanding any other provisions , require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall be solely responsible entitled to prompt reimbursement from Tenant for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationscosts incurred.
Appears in 3 contracts
Samples: Industrial Lease (Jni Corp), Industrial Lease (Immersion Corp), Industrial Lease (Ambassadors International Inc)
Alterations. Landlord hereby consents (a) Tenant shall not before or during the Term make or suffer to certain Tenant Improvementsbe made any alterations, additions or improvements in or to the Premises (herein collectively called “Alterations”) without first obtaining Landlord’s written approval thereof based on detailed plans and specifications submitted by Tenant. Landlord’s approval may be withheld in Landlord’s sole and absolute discretion if any Alterations could in Landlord’s judgment affect the terms and structure of the Building or the electrical, mechanical, heating, ventilation or air conditioning, life safety or plumbing systems of the Building (collectively the “Building Systems”), be visible from outside the Premises, or require additional code compliance or similar work not included in the Alterations; otherwise, Landlord’s consent shall not be unreasonably withheld. Without limiting the foregoing, all Alterations shall also be subject to the conditions provisions of Exhibit C. Section 11.2 below. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations that do not make affect the structure of the Building or permit any Alterations in, on or about the Premises Building Systems that in the aggregate do not exceed Two Hundred Fifty Thousand Dollars ($250,000.00) without the prior written consent of Landlord; provided, however, that Tenant shall provide Landlord copies of all permits, plans and other related documents in connection with such Alterations.
(b) Any Alteration to the Premises shall be at Tenant’s sole cost and expense, in compliance with all applicable Laws and all requirements requested by Landlord, including, without limitation, the requirements of any insurer providing coverage for the Premises or the Building or any part thereof, and according to in accordance with plans and specifications approved in writing by Landlord, and shall be constructed and installed by a contractor reasonably approved in writing by Landlord. As a further condition to giving consent, with respect to Alterations that could affect the structural components of the Building Systems or which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the aggregate exceed One Million Dollars ($1,000,000.00) in cost, Landlord may require Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien payment and completion performance bond in an form reasonably acceptable to Landlord, in a principal amount equal to one and one-half (1½) times any and all not less than the estimated costs of any intended improvements to the Premisessuch Alterations, to insure ensure Landlord against any liability for mechanics’ and materialmen’s liens and to insure ensure completion of the work. Except in Before Alterations may begin, valid building permits or other permits or licenses required must be furnished to Landlord, and, once the case Alterations begin, Tenant will diligently and continuously pursue their completion. Landlord may monitor construction of the Alterations and Tenant Improvements which are shall reimburse Landlord for its reasonable costs (including, without limitation, the subject costs of any construction manager retained by Landlord) in reviewing plans and documents and in monitoring construction. Tenant shall maintain during the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shallcourse of construction, at its sole cost and expense, obtain builders’ risk insurance for the amount of the completed value of the Alterations on an all-risk non-reporting form covering all necessary permits improvements under construction, including building materials, and governmental inspections other insurance in amounts and approvals required against such risks as Landlord shall reasonably require in connection with any the Alterations. All Alterations In addition to and without limitation on the generality of the foregoing, Tenant shall ensure that its contractor(s) procure and maintain in full force and effect during the course of construction a “broad form” commercial general liability and property damage policy of insurance naming Landlord, Tenant and Landlord’s lenders, if any, as additional insureds. The minimum limit of coverage of the aforesaid policy shall be installed at Tenant’s sole expense in the amount of not less than Three Million Dollars (except as expressly set forth $3,000,000.00) for injury or death of one person in this Lease), any one accident or occurrence and in compliance with all applicable laws the amount of not less than Three Million Dollars (including, but not limited to, The American With Disabilities Act, and $3,000,000.00) for injury or death of more than one person in any state one accident or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Dateoccurrence, and shall contain a severability of interest clause or a cross liability endorsement. Such insurance shall further insure Landlord and Tenant against liability for property damage of at least Three Million Dollars ($3,000,000.00).
(c) Tenant agrees not diminish the value to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until Tenant notifies Landlord in writing of the Project. All Alterations made by date Tenant shall be and become the property of Landlord upon desires to commence construction or installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations and Landlord has approved such date in writing, in order that Landlord may post appropriate notices to enable Landlord avoid any liability to post contractors or material suppliers for payment for Tenant’s improvements. Tenant will at all times permit such notices to be posted and record an appropriate Notice to remain posted until the completion of Non-responsibility or other notice deemed proper before the commencement of any such Alterationswork.
Appears in 3 contracts
Samples: Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.), Lease Agreement (Dolby Laboratories, Inc.)
Alterations. Landlord hereby consents to certain 17.1. Tenant Improvementsshall make no alterations, on the terms and subject additions or improvements in or to the conditions Premises or engage in any construction, demolition, reconstruction, renovation or other work (whether major or minor) of Exhibit C. Tenant any kind in, at or serving the Premises (“Alterations”) without Landlord’s prior written approval, which approval Landlord shall not make unreasonably withhold; provided, however, that, in the event any proposed Alteration affects (a) any structural portions of the Building, including exterior walls, the roof, the foundation, foundation systems (including barriers and subslab systems) or permit the core of the Building, (b) the exterior of the Building or (c) any Alterations inBuilding systems, on or about the Premises without the including elevator, plumbing, HVAC, electrical, security, life safety and power, then Landlord may withhold its approval in its sole and absolute discretion. Tenant shall, in making any Alterations, use only those architects, contractors, suppliers and mechanics of which Landlord has given prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordapproval, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the In seeking Landlord’s approval, Tenant Improvements which are the subject of the Initial Installation, shall provide Landlord, at its sole optionleast fourteen (14) days in advance of any proposed construction, maywith plans, howeverspecifications, bid proposals, certified stamped engineering drawings and calculations by Tenant’s engineer of record or architect of record (including connections to the Building’s structural system, modifications to the Building’s envelope, non-structural penetrations in slabs or walls, and modifications or tie-ins to life safety systems), work contracts, requests for laydown areas and such other information concerning the nature and cost of the Alterations as Landlord may reasonably request. In no event shall Tenant use or Landlord be required to approve any architects, consultants, contractors, subcontractors or material suppliers that Landlord reasonably believes could cause labor disharmony. Notwithstanding the foregoing, Tenant may make strictly cosmetic changes to the Premises (“Cosmetic Alterations”) without Landlord’s consent; provided that (y) the cost of any Cosmetic Alterations does not exceed Twenty-Five Thousand Dollars ($25,000) in any one instance or Fifty Thousand Dollars ($50,000) annually, (z) such Cosmetic Alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to or adversely affect the Building systems, (iii) affect the exterior of the Building or (iv) trigger any requirement under Applicable Laws that would require Landlord to make any alteration or improvement to the Premises, the Building or the Project. Tenant shall give Landlord at least ten (10) days’ prior written notice of any Cosmetic Alterations.
17.2. Tenant shall not construct or permit to be constructed partitions or other obstructions that might interfere with free access to mechanical installation or service facilities of the Building or with other tenants’ components located within the Building, or interfere with the moving of Landlord’s equipment to or from the enclosures containing such installations or facilities.
17.3. Tenant shall accomplish any work performed on the Premises or the Building in such a manner as to permit any life safety systems to remain fully operable at all times.
17.4. Any work performed on the Premises, the Building or the Project by Tenant or Tenant’s contractors shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant or Tenant’s contractors shall be performed in full compliance with Applicable Laws. Within thirty (30) days after completion of any Alterations, Tenant shall provide Landlord with complete “as built” drawing print sets and electronic CADD files on disc (or files in such other current format in common use as Landlord reasonably approves or requires) showing any changes in the Premises, as well as a condition commissioning report prepared by a licensed, qualified commissioning agent hired by Tenant and approved by Landlord for all new or affected mechanical, electrical and plumbing systems. Any such “as built” plans shall show the applicable Alterations as an overlay on the Building as built plans; provided that Landlord provides the Building “as built” plans to Tenant.
17.5. Before commencing any Alterations, Tenant shall give Landlord at least fourteen (14) days’ prior written notice of the granting proposed commencement of any such consentwork and shall, that Tenant provide to Landlordif such Alterations exceed the amount of One Hundred Thousand Dollars ($100,000), secure, at Tenant’s sole own cost and expense, a completion and lien indemnity bond satisfactory to Landlord for such work.
17.6. Tenant shall repair any damage to the Premises caused by Tenant’s removal of any property from the Premises. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if such space were otherwise occupied by Tenant. The provisions of this Section shall survive the expiration or earlier termination of this Lease.
17.7. The Premises plus any Alterations, Signage, Tenant Improvements, attached equipment, decorations, fixtures, movable laboratory casework and completion bond related appliances, trade fixtures, and additions and improvements attached to or built into the Premises made by either of the parties (including all floor and wall coverings; paneling; sinks and related plumbing fixtures; laboratory benches; exterior venting fume hoods; walk-in freezers and refrigerators; ductwork; conduits; electrical panels and circuits; attached business and trade fixtures; attached machinery and equipment; and built-in furniture and cabinets, in each case, together with all additions and accessories thereto), shall (unless, prior to such construction or installation, Landlord elects otherwise in writing) at all times remain the property of Landlord, shall remain in the Premises and shall (unless, prior to construction or installation thereof, Landlord elects otherwise in writing) be surrendered to Landlord upon the expiration or earlier termination of this Lease. For the avoidance of doubt, the items listed on Exhibit H attached hereto (which Exhibit H may be updated by Tenant from and after the Term Commencement Date, subject to Landlord’s written consent provided that such consent shall not be unreasonably withheld, conditioned or delayed with respect to items purchased and brought onto the Premises by Tenant after the Term Commencement Date) constitute Tenant’s property and shall be removed by Tenant upon the expiration or earlier termination of the Lease.
17.8. Notwithstanding any other provision of this Article to the contrary, in no event shall Tenant remove any improvement from the Premises as to which Landlord contributed payment, including the Tenant Improvements, without Landlord’s prior written consent, which consent Landlord may withhold in its sole and absolute discretion.
17.9. If Tenant shall fail to remove any of its property from the Premises prior to the expiration or earlier termination of this Lease, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store such effects without liability to Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any costs and expenses incurred due to such removal and storage or Landlord may, at its sole option and without notice to Tenant, sell such property or any portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the proceeds of such sale against any (a) amounts due by Tenant to Landlord under this Lease and (b) any expenses incident to the removal, storage and sale of such personal property.
17.10. Tenant shall pay to Landlord an amount equal to one three percent (3%) of the cost to Tenant of all Alterations (excluding Cosmetic Alterations) to cover Landlord’s overhead and one-half (1½) times any expenses for plan review, coordination, scheduling and supervision thereof. For purposes of payment of such sum, Tenant shall submit to Landlord copies of all estimated bills, invoices and statements covering the costs of such charges, accompanied by payment to Landlord of the fee set forth in this Section. Tenant shall reimburse Landlord for any intended improvements extra expenses incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of inadequate clean-up.
17.11. Within sixty (60) days after final completion of any Alterations performed by Tenant with respect to the Premises, Tenant shall submit to insure Landlord against any liability for mechanics’ and materialmen’s liens and documentation showing the amounts expended by Tenant with respect to insure completion of the worksuch Alterations, together with supporting documentation reasonably acceptable to Landlord.
17.12. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Datetake, and shall not diminish cause its contractors to take, commercially reasonable steps to protect the value of Premises during the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair performance of any and all Alterations made by it Alterations, including covering or temporarily removing any window coverings so as to the Premisesguard against dust, debris or damage.
17.13. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations require its contractors and subcontractors performing work on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable name Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsits affiliates and Lenders as additional insureds on their respective insurance policies.
Appears in 3 contracts
Samples: Sublease (Zentalis Pharmaceuticals, Inc.), Sublease (Zentalis Pharmaceuticals, LLC), Sublease (Zentalis Pharmaceuticals, LLC)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. A. Tenant shall not make or permit allow to be made (except as otherwise provided in this Lease Agreement) any Alterations inalterations or physical additions (including fixtures) in or to the Leased Premises (which for the purposes hereof includes the placement of safes, on vaults and other heavy furniture or about equipment), without first obtaining the Premises without the prior written consent of Landlord; provided, and according however, Landlord’s consent to plans and specifications approved in writing by Landlord(i) any alterations or physical additions (including fixtures) to the Leased Premises which do not affect the HVAC, which consent and approval plumbing, electrical or mechanical systems or structural elements of the Leased Premises or the Building or (ii) the placement of safes, vaults or other heavy furniture or equipment within the Leased Premises, shall not be unreasonably withheld, conditioned or delayed. Except 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, which consent shall not be unreasonably withheld, conditioned or delayed. However, notwithstanding the foregoing, Landlord acknowledges and agrees that Tenant may drill into the floor slab for plumbing associated with drainage, the location and scheduling thereof to be consented to by Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. 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 I) as additional insureds. Tenant shall pay to Landlord upon demand a review fee in the case amount of Landlord’s actual costs incurred to compensate Landlord for the cost of review and approval of the Tenant Improvements which are plans and specifications and for additional administrative costs incurred in monitoring the subject construction of the Initial Installationalterations, all such charges to Tenant to be reasonable. 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 reasonable 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 Complex 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 twenty (20) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said twenty (20) 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 optionoption and in addition to any other remedy of Landlord hereunder, maycancel or discharge the same and upon Landlord’s demand, howeverTenant shall promptly reimburse Landlord for all costs incurred in canceling or discharging such lien or liens.
D. Tenant shall cause all alterations, require as a condition 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 granting 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”) to the extent interpreted and enforced from time to time, as well as all applicable regulatory requirements promulgated by the Centers for Medicare and Medicaid Services (“CMS”), the State of Texas, Occupational Safety and Health Administration and the administrative regulations promulgated thereunder and all other federal, state and local statutory and regulatory requirements and building codes, including, without limitation, state hospital licensing standards and CMS certification regulations (collectively, the “Healthcare 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 and any such consentother federal, that Tenant provide to Landlordstate and local statutory and regulatory requirements and building codes. Notwithstanding the foregoing, Landlord may perform, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of accommodations or alterations that are required by the Accommodation Laws and/or Healthcare Laws or that are required by any intended improvements governmental official acting pursuant to the Premises, Accommodation Laws and/or Healthcare Laws to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion area outside of the work. Except in Leased Premises which are triggered by any alterations or additions to the case Leased Premises or by the proposed use of the Premises as described in Section 3 and Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole shall reimburse Landlord for such cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense within thirty (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (2030) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsdemand.
Appears in 3 contracts
Samples: Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc), Lease Agreement (Bellicum Pharmaceuticals, Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. (a) Tenant shall not make any alterations, repairs, additions or permit improvements or install any Alterations incable (collectively, on or about the Premises “Alterations”) without first obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Notwithstanding the generality of the foregoing, Landlord shall be entitled to withhold its consent to proposed Alterations if, in Landlord’s good faith judgment, any one or more of the following situations exist: (i) the proposed Alterations will adversely affect the exterior appearance of the Building; (ii) the proposed Alterations may impair the structural strength of the Building, adversely affect any Building Systems, or adversely affect the value of the Building; (iii) the proposed Alterations would trigger the necessity under Applicable Requirements or otherwise for work to be performed outside the Premises; or (iv) the proposed Alterations are not consistent with, or would detract from, the character or image of the Building. At least thirty (30) days before the commencement of Alterations, Tenant shall submit to Landlord plans, specifications, and product samples of the proposed Alterations for Landlord’s review. Landlord’s sole interest in reviewing and approving such documents is to protect Landlord’s interests, and no such review or approval by Landlord shall be deemed to create any liability of any kind on the part of Landlord, or constitute a representation on the part of Landlord or any person consulted by Landlord in connection with such review and according approval that such plans or other documents are correct or accurate, or are in compliance with any Applicable Requirements. Tenant shall pay the reasonable out-of-pocket costs incurred by Landlord in reviewing Tenant’s plans, specifications and product samples, if any, within ten (10) days after receipt of an invoice therefore and reasonable supporting documentation.
(b) Landlord or its affiliate shall have the right to plans perform Alterations on behalf of Tenant. If Landlord does not elect to perform the Alterations, the contractor and specifications all subcontractors and suppliers used by Tenant must be approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may; provided, however, that Landlord reserves the right to require as a condition any work to be performed on the granting of Building Systems (whether such Building Systems are located within or outside the Premises) to be performed by subcontractors specified by Landlord. Tenant shall not either directly or indirectly, use any such consent, that Tenant provide to Landlord, at non-union labor.
(c) All Alterations by Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations contractor shall be installed at Tenant’s sole expense (except as expressly set forth diligently completed in this Lease), a good and workmanlike manner and in compliance with all applicable laws Applicable Requirements and any Building construction rules and regulations then in effect. Tenant and Tenant’s contractor, subcontractors and suppliers shall maintain such insurance as may be reasonably required by Landlord, and Tenant shall provide Landlord with evidence of such insurance prior to any such party’s entry into the Building. If Tenant or any person who is in or about the Building with the consent of Tenant shall cause any damage to the Building or the Common Areas, Tenant shall reimburse Landlord for the cost of repairs. Promptly after completion of the Alterations, Tenant shall deliver to Landlord “as built” drawings in CAD format showing the Alterations. On the first day of the month following substantial completion of the Alterations, Tenant shall pay Landlord a fee of ten percent (10%) of the cost of the Alterations to compensate Landlord for its review and coordination of the Alterations, unless Landlord provides the Alterations under written contract with Tenant.
(d) Unless otherwise provided by written agreement, all Alterations (including, but not limited to, The American With Disabilities Actsink units, wall-to-wall carpets, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations signs) shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation at the end of the Term, and shall not remain upon and be deemed surrendered with the Premises, excepting however, that at Landlord’s election, Tenant shall, at Tenant’s Personal Propertyexpense, remove any or all Alterations and restore the Premises to the condition prior to such Alteration (reasonable wear and tear excepted) before the last day of the Term, provided that Landlord shall have included with its approval of such Alterations the statement that Landlord is reserving its right to require that any or all of such Alterations be so removed and the Premises so restored. Notwithstanding any other provisions of this LeaseIf Tenant fails to so remove the Alterations or restore the Premises within the time limits provided above, Tenant shall be solely responsible for pay Rent to Landlord as provided by Section 19.2 hereof as if Tenant had held possession of the maintenance Premises after the Term, until Tenant so removes the Alterations and repair of any and all Alterations made by it to restores the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 3 contracts
Samples: Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.), Office Lease (Audentes Therapeutics, Inc.)
Alterations. Landlord hereby consents to certain Tenant ImprovementsAfter the Commencement Date, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit any Alterations in, on or about the Premises Premises, except for nonstructural Alterations not exceeding Twenty-Five Thousand and no/100ths Dollars ($25,000.00) in cost during any twelve (12) month period, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and according to plans and specifications reasonably approved in writing by Landlord. Notwithstanding the foregoing, which Tenant shall not, without the prior written consent and approval shall not be unreasonably withheldof Landlord, conditioned or delayed. Except in make any (i) alterations to the case exterior of the Tenant Improvements which are the subject Building; (ii) alterations to and penetrations of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion roof of the work. Except in Building; or (iii) alterations visible from outside the case of the Tenant Improvements Building to which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any AlterationsLandlord may withhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant’s 's sole expense (except as expressly set forth in this Lease)expense, in compliance with all applicable laws (includingand permit requirements by a licensed contractor, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the ProjectBuilding or the Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s 's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, at Tenant's expense, remove any or all Alterations installed by Tenant and return the Premises to their condition as of the Commencement Date of this Lease, normal wear and tear excepted and subject to the provisions of Paragraph 23. If Tenant removes any Alterations as required or permitted herein, Tenant shall repair any and all damage to the Premises caused by such removal and return the Premises to their condition as of the Commencement Date, normal wear and tear excepted and subject to the provisions of Paragraph 22. Notwithstanding any other provisions provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant The provisions of this Paragraph 12 shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior not apply to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before Tenant Improvements which shall be governed by the commencement of any such Alterations.provisions set forth in the Work Letter Agreement attached as EXHIBIT D.
Appears in 3 contracts
Samples: Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc)
Alterations. Landlord hereby consents to certain Tenant ImprovementsBorrower may, on the terms and subject without Lender’s consent, perform alterations to the conditions Improvements and Equipment which (i) do not constitute a Material Alteration, (ii) do not materially adversely affect (a) Borrower’s financial condition or (b) the value or Net Operating Income of Exhibit C. Tenant the Property, (iii) are in the ordinary course of Borrower’s business, and (iv) do not materially change or impact the use or zoning of, or access to, the Property or reduce the parking ratio thereof. Borrower shall not make or permit perform any Alterations in, on or about the Premises Material Alteration without the Lender’s prior written consent, which consent shall not be unreasonably withheld or delayed; provided, however, that Lender may, in its sole and absolute discretion, withhold consent to any alteration proposed by Borrower, but not by tenants under the Leases, the cost of Landlordwhich is reasonably estimated to exceed $250,000 (as determined by Lender in its reasonable discretion). Lender may, as a condition to giving its consent to a Material Alteration, require that Borrower deliver to Lender security for payment of the cost of such Material Alteration and according evidence of general liability and workmen’s compensation insurance. Upon substantial completion of the Material Alteration, Borrower shall provide evidence reasonably satisfactory to Lender that (i) the Material Alteration was constructed in accordance with applicable Legal Requirements and substantially in accordance with plans and specifications approved in writing by Landlord, Lender (which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation), Landlord(ii) all contractors, at its sole optionsubcontractors, maymaterialmen and professionals who provided work, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required materials or services in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense the Material Alteration have been paid in full and have delivered unconditional releases of lien and (except as expressly set forth in this Lease)iii) all material Licenses necessary for the use, in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, operation and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as occupancy of the Commencement Date, Material Alteration (other than those which depend on the performance of tenant improvement work) have been issued. Borrower shall reimburse Lender upon demand for all out-of-pocket costs and shall not diminish expenses (including the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair reasonable fees of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility architect, engineer or other notice deemed proper before the commencement of professional engaged by Lender) incurred by Lender in reviewing plans and specifications for any such Material Alterations.
Appears in 2 contracts
Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.)
Alterations. Landlord hereby consents to certain 17.1 Tenant Improvementsshall make no alterations, on the terms and subject additions or improvements in or to the conditions of Exhibit C. Tenant shall not make or permit any Alterations in, on or about the Demised Premises without the Landlord's prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordconsent, which consent and approval shall not be unreasonably withheldwithheld and provided that Landlord shall not be required to incur any costs in connection therewith and then only by architects, conditioned contractors, suppliers or delayedmechanics approved by Landlord in Landlord's sole discretion. Except in the case of the In seeking Landlord's approval, Tenant Improvements which are the subject of the Initial Installation, shall provide Landlord, at its sole option, may, however, require as a condition to the granting least fourteen (14) days in advance of any proposed construction, with plans, specifications, bid proposals, work contracts and such consent, that Tenant provide to Landlord, at Tenant’s sole other information concerning the nature and cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case alterations as may be reasonably requested by Landlord.
17.2 Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with free access to mechanical installation or service facilities of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state Building or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design interfere with the Premises existing as moving of Landlord's equipment to or from the Commencement Date, and shall not diminish the value of the Project. All Alterations made enclosures containing said installations or facilities.
17.3 Tenant agrees that any work by Tenant shall be accomplished in such a manner as to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times.
17.4 All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations, and requirements of any applicable fire rating bureau. Tenant shall obtain all applicable building permits and occupancy certificate. Tenant shall provide Landlord with "as-built" plans showing any change in the Demised Premises.
17.5 Before commencing any work, Tenant shall give Landlord at least fourteen (14) days' prior written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expenses a completion and lien indemnity bond satisfactory to Landlord for said work.
17.6 All alterations, attached equipment, decorations, fixtures, trade fixtures, additions and improvements, subject to Section 17.8, attached to or built into the Demised Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work and paneling, exterior venting fume hoods and walk in freezers and refrigerators, shall, unless prior to such construction or installation, Landlord elects otherwise, become the property of Landlord upon installation the expiration or earlier termination of the term of this Lease, and shall remain upon and be surrendered with the Demised Premises as a part thereof.
17.7 Tenant shall repair any damage to the Demised Premises caused by Tenant's removal of any property from the Demised Premises. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant.
17.8 All business and trade fixtures, machinery and equipment, built-in furniture and cabinets, including but not limited to, those items listed on Exhibit "G" attached hereto, together with all additions and accessories thereto, installed in and upon the Demised Premises and paid for by Landlord shall be and remain the property of Landlord and shall not be deemed Tenant’s Personal Propertymoved by Tenant at any time during the term of this Lease. Notwithstanding any other provisions If Tenant shall fail to remove all of its effects from the Demised Premises prior to termination of this Lease, then Landlord may, at its option, remove the same in accordance with law, and store said effects, and Tenant agrees to pay Landlord upon demand any expenses incurred for such removal and storage or Landlord may, at its option, in accordance with law, sell said property or any of the same, for such price as Landlord may obtain and apply the proceeds of such sale against any amounts due under this Lease from Tenant to Landlord and against any expenses incident to the removal, storage and sale of said personal property.
17.9 Notwithstanding any other provision of this Article 17 to the contrary, in no event may Tenant remove any improvement from the Demised Premises as to which Landlord contributed payment, including, without limitation, the Tenant Improvements made pursuant to the Work Letter and paid for by Landlord without Landlord's prior written consent, which may be withheld in Landlord's sole discretion.
17.10 Tenant shall pay to Landlord an amount equal to five percent (5%) of the cost to Tenant of all changes installed by Tenant or its contractors or agents to cover Landlord's overhead and expenses for plan review, coordination, scheduling and supervision thereof. For purposes of payment of such sum, Tenant shall submit to Landlord copies of all bills, invoices, and statements covering the costs of such changes, which will be accompanied by payment to Landlord of the percentage fee set forth above. Tenant shall reimburse Landlord for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of inadequate cleanup. Nothing contained in this provision shall be construed as obligating Tenant to pay such fee to Landlord with respect to the work to be performed pursuant to the Work Letter.
17.11 Notwithstanding any of the foregoing, Tenant may construct non-structural alterations, additions and improvements ("Minor Alterations") in the Demised Premises with not less than fourteen (14) days prior written notice to Landlord but without Landlord's prior approval, if i) the cost of such work (whether conducted in one or a series of jobs) does not exceed Twenty Five Thousand Dollars ($25,000) ii) the Minor Alterations do not impact the Building systems such as electrical, heating, air conditioning, water and plumbing; and iii) are not visible from Common Areas of the Building. Minor Alterations shall not be subject to Section 17.10 above. Upon request, Landlord shall advise Tenant in Writing whether it reserves the right to require Tenant to remove any alterations from the Demised Premises upon termination of this Lease. Alterations and Tenant's trade fixtures, furniture, equipment and other personal property placed in the Demised Premises and paid for by Tenant ("Tenant's Property") shall at all times be and remain Tenant's property, and Tenant shall be solely responsible entitled to all depreciation, amortization and other tax benefits with respect thereto. Except for the maintenance and repair of any and all Alterations made by it alterations which cannot be removed without structural injury to the Demised Premises, or which have become fixtures of the Building, at any time, Tenant may remove Tenant's Property from the Demised Premises, provided that Tenant repairs all damage caused by such Property removal. Tenant Landlord shall give Landlord written notice have no lien or other interest whatsoever in any item of Tenant’s intention 's Property located in the Demised Premises, and shall execute any document reasonably necessary to perform waive any Alterations on lien or interest in Tenant's Property located in the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsDemised Premises.
Appears in 2 contracts
Samples: Expansion Lease (Senomyx Inc), Expansion Lease (Senomyx Inc)
Alterations. Landlord hereby consents to certain Following the construction of any Tenant Improvements, on the terms and subject Improvements to the conditions of Exhibit C. Premises under Article 4 above, Tenant shall will not thereafter make any alterations, repairs, additions or permit any Alterations in, on improvements in or about to the Premises (for purposes of this Article, any of the foregoing being referred to as the “Work”) which (a) exceeds $200,000.00 in the aggregate during any 12-month period, (b) is visible from the exterior of the Building or (c) would add, disturb or in any way adversely change any Building Systems or structural portions of the Building, without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, the Landlord (which consent and approval shall not be unreasonably withheld, conditioned or delayed) as to the character of the Work, the manner of doing the Work including payment and financial security mechanisms associated therewith, and the contractor(s) doing the Work. Except in Notwithstanding the case foregoing, if reinforcement of the floor or any slab is required, as reasonably determined by Tenant’s architect, then Tenant may perform such Work subject to reasonably conditions which Landlord may impose as Landlord deems necessary or appropriate. For the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require and as a condition to Landlord’s consent to Work proposed by Tenant, Landlord may impose such conditions with respect thereto as Landlord reasonably deems appropriate, including, without limitation, requiring Tenant to remove such Tenant Improvements or Work at the granting end of the Term and repair any damages resulting from such removal (which shall be deemed required in the absence of Landlord’s written consent or agreement to the contrary), insurance against liabilities that may arise out of such Work, plans and specifications approved by Landlord and permits necessary for such Work. If such Work is performed by contractor(s) not retained by Landlord, Tenant shall upon completion of such Work, (i) deliver to Landlord evidence that payment for all such Work has been made by Tenant, contractors’ affidavits and full and final mechanic’s lien waivers and (ii) for Work requiring Landlord’s consent, that Tenant provide pay to LandlordLandlord a construction supervision fee of four percent (4%) of the total hard cost of such Work, at Tenant’s sole cost but in no event less than $500.00 to reimburse Landlord for the costs incurred by its construction manager in inspecting and expensesupervising such Work (for avoidance of doubt, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements no such fee shall be required with respect to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any AlterationsImprovements). All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations such Work shall be done in a good and workmanlike manner conforming in using quality and design with the Premises existing as of the Commencement Date, materials and shall not diminish the value comply with all applicable governmental laws, ordinances, rules and regulations. Tenant agrees to indemnify and hold Landlord free and harmless from any liability, loss, cost, damage or expense (including reasonable attorney’s fees) by reason of the Projectany of such Work. All Alterations made by Tenant The provisions of Article 17 of this Lease Agreement shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Propertyapply to all Work performed under this Article. Notwithstanding any other provisions of this Leaseanything to the contrary herein, Tenant shall be solely responsible for have the maintenance right to retain its own licensed and repair of any appropriately insured and all Alterations made by it bonded contractor to make future alterations which are cosmetic in nature, not visible from the Premises. Tenant shall give Landlord written notice of Tenantexterior, and do not impact building structure or Building Systems without Landlord’s intention consent and with no overhead charges paid to perform any Alterations on same (provided that the Premises at least twenty (20) days prior to the commencement aggregate cost of such Alterations to enable Landlord to post and record an appropriate Notice alterations in any 6-month period, measured as one project, does not exceed the threshold set forth in the first sentence of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsimmediately preceding paragraph).
Appears in 2 contracts
Samples: Lease Agreement (SomaLogic, Inc.), Lease Agreement (SomaLogic, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make alterations, additions or permit any Alterations in, on or about improvements to the Premises or install any Cable in the Premises or other portions of the Building (collectively referred to as “Alterations”) without first obtaining the prior written consent of Landlord, and according to plans and specifications approved Landlord in writing by Landlordeach instance, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in the case However, Landlord’s consent shall not be required for any Alteration that satisfies all of the Tenant Improvements which are following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (2) is not visible from the subject exterior of the Initial InstallationPremises or Building; (3) will not affect the systems or structure of the Building; (4) does not require work to be performed inside the walls or above the ceiling of the Premises; and (5) the cost is not in excess of $50,000.00 in any one calendar year. However, Landlordeven though consent is not required, at its sole optionthe performance of Cosmetic Alterations shall be subject to all the other provisions of this Section IX.C. Prior to starting work, may, however, require as a condition to the granting of any such consent, that Tenant provide shall furnish Landlord with plans and specifications reasonably acceptable to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal ; names of contractors reasonably acceptable to one and one-half Landlord (1½) times any and all estimated costs provided that Landlord may designate specific contractors with respect to Building systems provided that if such contractors are affiliated or related to Landlord or its affiliates then such contractors must charge competitive market rates); copies of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all contracts; necessary permits and governmental inspections approvals; evidence of contractor’s and approvals subcontractor’s insurance in amounts reasonably required in connection with by Landlord; and any Alterationssecurity for performance that is reasonably required by Landlord (provided that no security shall be required for the Tenant Improvements). All Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done constructed in a good and workmanlike manner conforming using materials of a quality that is at least equal to the quality reasonably designated by Landlord as the minimum standard for the Building. Landlord may designate reasonable rules, regulations and procedures for the performance of work in quality and design with the Premises existing as Building and, to the extent reasonably necessary to avoid disruption to the occupants of the Commencement DateBuilding, shall have the right to designate the time when Alterations may be performed. Tenant shall reimburse Landlord within 30 days after receipt of an invoice for reasonable and actual sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations; provided that (i) “third-party examination” shall not diminish the value of the Project. All Alterations made include review by Tenant shall be and become the Landlord’s property of Landlord upon installation and manager, (ii) plans shall not be deemed Tenantsent for third party review unless Landlord’s Personal Propertyproperty manager reasonably determines that it does not have the internal expertise to review a certain component of the plans (e.g., without limitation, review requiring expertise of a structural engineer) (iii) in the event the cost of such third party review would in Landlord’s reasonable estimation exceed $1,500, Landlord will notify Tenant in sufficient time so that the approval request for an Alteration may be modified or withdrawn; and (iv) this sentence shall not be applicable to the initial Tenant Improvements (which shall insteadbe governed by the Work Letter attached hereto as Exhibit D). Notwithstanding any other provisions In addition, within 30 days after receipt of this Leasean invoice from Landlord, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 5% of the permitted cost of the non-Cosmetic Alterations; provided that no such fee shall be solely responsible due for the maintenance initial Tenant Improvements. Upon completion, Tenant shall furnish “as-built” plans (except for Cosmetic Alterations), completion affidavits, full and repair final waivers of any lien and receipted bills covering all Alterations made by it to the Premiseslabor and materials. Tenant shall give assure that the Alterations comply with (i) all Laws and (ii) all insurance requirements set forth in this Lease and/or provided to Tenant in writing from Landlord’s insurers. Landlord’s approval of an Alteration shall not be a representation by Landlord written notice of that the Alteration complies with applicable Laws or will be adequate for Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsuse.
Appears in 2 contracts
Samples: Office Lease Agreement (Collegium Pharmaceutical, Inc), Office Lease Agreement (Collegium Pharmaceutical Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make no alterations, additions or permit any Alterations in, on or about improvements to the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Landlord shall not be unreasonably withheldwithhold its consent to any alterations, conditioned additions or delayed. Except in improvements to the case Premises which cost less than One Dollar ($1.00) per square foot of the Tenant Improvements which are the subject improved portions of the Initial InstallationPremises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, at its sole optionelectrical, mayplumbing or HVAC systems, howeverfacilities or equipment located in or serving the Building, require or (v) diminish the value of the Premises. Landlord may impose, as a condition to the granting of any such its consent, any requirements that Tenant provide Landlord in its discretion may deem reasonable or desirable, including but not limited to Landlord, at Tenant’s sole cost and expense, a requirement that all work be covered by a lien and completion bond in an amount equal satisfactory to one Landlord and one-half (1½) times any and all estimated costs of any intended improvements requirements as to the Premisesmanner, to insure Landlord against any liability time, and contractor for mechanics’ and materialmen’s liens and to insure completion performance of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, shall obtain all necessary required permits for the work and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), perform the work in compliance with all applicable laws (includinglaws, but not limited toregulations and ordinances, The American With Disabilities Actall covenants, conditions and restrictions affecting the Project, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations (hereafter defined). If any governmental entity requires, as a condition to any proposed alterations, additions or improvements to the Premises by Tenant, that improvements be made to the Common Areas, and if Landlord consents to such improvements to the CC&R’sCommon Areas, then Tenant shall, at Tenant's sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, if required by Landlord’s contractor unless otherwise agreed by , Landlord's contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant make any improvement which incorporates any Hazardous Materials, including without limitation asbestos-containing construction materials into the partiesPremises. All Alterations Any request for Landlord's consent shall be done made in a good writing and workmanlike manner conforming shall contain architectural plans describing the work in quality and design with detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises existing as of the Commencement Date, (excluding moveable trade fixtures and furniture) shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant’s Personal Property. Notwithstanding any other provisions , require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall be solely responsible entitled to prompt reimbursement from Tenant for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationscosts incurred.
Appears in 2 contracts
Samples: Industrial Lease (Phoenix Technologies LTD), Industrial Lease (Dental Medical Diagnostic Systems Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make any alterations, improvements, additions, installations, or permit changes of any Alterations in, on nature in or about to the Premises without (any of the prior preceding, “Alterations”) unless (i) Tenant first obtains Landlord’s written consent consent, provided, however, that minor, interior cosmetic alterations such as painting, wall papering, carpeting or hanging pictures or moving furniture and temporary partitions or cubicldes (the aggregate cost of Landlordwhich will not exceed $50,000.00, and according to plans and specifications approved which alteration will not be visible from outside the Premises or affect any structural components of the Project) does not require Landlord’s approval so long as Tenant notifies Landlord in writing of the nature and extent of such alteration at least 15 business days before commencing such alteration); (ii) Tenant complies with all conditions which may be imposed by Landlord, which consent including but not limited to Landlord’s selection of specific contractors or construction techniques and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case requirements of the attached Exhibit “C”; and (iii) Tenant Improvements pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which are the subject of the Initial Installationreasonably may be incurred by Landlord in determining whether to approve any such Alterations. At least 30 days prior to making any Alterations, Tenant shall submit to Landlord, at its sole optionin written form, mayproposed detailed plans of such Alterations. Tenant shall, however, require as a condition prior to the granting commencement of any such consent, that Tenant provide to LandlordAlterations, at Tenant’s sole cost cost, (i) acquire (and expensedeliver to Landlord a copy of) any required permit from the appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a lien prompt and completion bond expeditious manner), (ii) provide Landlord with ten days’ prior written notice of the date the installation of the Alterations is to commence, so that Landlord can post and record an appropriate notice of non-responsibility, and (iii) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of Tenant’s employees installing or involved with such Alterations (which insurance Tenant shall maintain on an occurrence basis in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure force until completion of the workAlterations). Except in All Alterations shall upon installation become the case property of Landlord and shall remain on and be surrendered with the Premises on the Expiration Date, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by on or about the partiesExpiration Date, in which event, Tenant shall, at its sole cost and expensecost, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state on or local building, fire before the Expiration Date or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by within five days of Landlord’s contractor unless otherwise agreed by request, if after the parties. All Alterations shall be done in a good Expiration Date, repair and workmanlike manner conforming in quality and design with restore the Premises existing as to the condition of the Commencement Date, and shall not diminish Premises prior to the value installation of the Project. All Alterations made by Tenant shall which are to be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premisesremoved. Tenant shall give Landlord written notice pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of Tenantall mechanics’ and materialmen’s intention liens resulting from or relating to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before construction. Tenant may, at its election, contest the commencement correctness or validity of any such Alterationslien provided that (a) immediately on demand by Landlord, Tenant procures and records a lien release bond, issued by a corporation satisfactory to Landlord and authorized to issue surety bonds in California, in an amount equal to 150 percent of the amount of the claim of lien, which bond meets the requirements of California Civil Code Section 3143 or any successor statute, and (b) Landlord may, at its election, require Tenant to pay Landlord’s attorneys’ fees and costs incurred in participating in such an action.
Appears in 2 contracts
Samples: Modified Gross Office Lease, Modified Gross Office Lease (Bakbone Software Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. The Tenant shall not make or permit any Alterations in, on or about without complying with the following provisions:
(a) The Tenant may make Alterations to the Demised Premises other than Structural Alterations and Major Alterations without the Landlord’s prior written consent consent, but with prior Notice to Landlord as to any Alterations costing in excess of Two Million Dollars ($2,000,000). The Landlord agrees that, to the extent that any proposed Structural Alterations or Material Alterations are described on Schedule “F” hereto, the Landlord hereby consents thereto. Structural Alterations and Major Alterations shall require the Landlord, and according to plans and specifications approved in writing by Landlord’s prior consent, which consent and approval shall not be unreasonably withheld, delayed or conditioned unless such Structural Alterations or delayed. Except Major Alterations when completed may, in the case Landlord’s opinion, acting reasonably and in good faith, reduce the value or impair the use of the Demised Premises in which case the Landlord’s consent may be arbitrarily withheld.
(b) With its request for the Landlord’s consent to any Structural Alterations or Major Alterations, the Tenant Improvements which are shall submit to the subject Landlord details of the Initial Installationproposed Alterations including plans and specifications where applicable prepared by a qualified Architect, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ such Structural or Major Alterations and materialmen’s liens such Alterations shall be completed materially in accordance with such plans and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed specifications once approved in writing by the partiesLandlord.
(c) Unless expressly authorized in writing by the Landlord to the contrary, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Structural Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), conducted under the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed supervision of an Architect retained by the partiesTenant and approved by the Landlord, such approval not to be unreasonably withheld, delayed or conditioned. All Alterations The name of the supervising Architect shall be done in a good and workmanlike manner conforming in quality and design included with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20request set out in Section 7.1(b) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsabove.
Appears in 2 contracts
Samples: Agreement of Purchase and Sale (GTWY Holdings LTD), Agreement of Purchase and Sale (Gateway Casinos & Entertainment LTD)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make any alterations, additions or permit any Alterations in, on or about improvements to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordexcept for the installation of unattached, movable trade fixtures which consent and may be installed without drilling, cutting or otherwise defacing the Premises which approval shall not be unreasonably withheld, conditioned . Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s consent to any Alterations if the desired Alterations: (i) may affect the Building’s Systems or delayed. Except Building’s Structure; (ii) are visible from outside the Premises; (iii) will require the filing of plans and specifications with any governmental or quasi-govermental agency or authority; (iv) will cost in the case excess of Ten Dollars ($10.00) per rentable square foot of the Tenant Improvements which are the subject affected area; or (v) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and prior to commencement of the Initial InstallationAlterations, 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 as Additional Rent within ten (10) days after the rendition of a xxxx for all of Landlord’s reasonable actual out-of-pocket costs incurred in connection with any Alterations, at its sole optionincluding all management, mayengineering, howeveroutside Consulting, require as a condition 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 provided in no event shall the aggregate of such fees exceed five percent (5%) of the amount of the construction contract. If Landlord consents to the granting making of any Alteration, such consent, that Alteration shall be made by Tenant provide to Landlord, at Tenant’s sole cost and expense, expense by a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed contractor approved in writing by the partiesLandlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, Tenant shallshall not use any portion of the Common Areas either within or without the Project or Complex, at its sole cost and expenseas applicable, obtain all necessary permits and governmental inspections and approvals required in connection with the making of any Alterations. All If the Alterations shall which Tenant causes to be installed at Tenant’s sole expense (except constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project or Complex, as expressly set forth in this Lease)applicable, in compliance order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all applicable laws (including, but not limited to, The American With Disabilities Act, costs and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, expenses incurred by Landlord’s contractor unless otherwise agreed by the partiesLandlord in making such alterations and/or improvements. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Any Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not remain on and be deemed surrendered with the Premises upon the expiration or sooner termination of this Lease or Tenant’s Personal Propertyright to possession of the Premises, unless Landlord requires the removal of such Alterations by notifying Tenant of such requirement at the time Tenant requests Landlord’s consent to such Alterations, or if no consent is required, when Tenant notifies Landlord of its plans for such Alterations. Notwithstanding If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) business days after the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises) remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults, and cabling, if applicable) and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. All construction work doně by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to cause a minimum of interference with other provisions construction in progress and with the transaction of business in the Project or Complex, as applicable. Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work. 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 maintenance and repair of any and all Alterations made Building by it to Tenant or its contractor shall be (A) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (B) labeled every 3 meters with the Premises. Tenant shall give Landlord written notice of Tenant’s intention name and origination and destination points; (C) installed in accordance with all EIA/TIA standards and the National Electric Code; (D) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may reasonably request. The routing plan shall be available to perform any Alterations on Landlord and its agents at the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsBuilding upon request.
Appears in 2 contracts
Samples: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)
Alterations. Landlord hereby consents Except for work or alterations of a cosmetic, decorative, non-structural nature, which do not: (a) involve in any manner the mechanical, electrical or plumbing systems in the Building; or (b) exceed the cost of $50,000.00 in the aggregate, which aggregate shall include any work performed in any other premises leased by Tenant in the Building pursuant to certain Tenant Improvementsanother lease with Landlord, on the terms and subject to the conditions of Exhibit C. in any six-month period, Tenant shall not make or permit do any Alterations in, on work in or about the Leased Premises or make any alterations or additions thereto, without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in the case of the Tenant Improvements All such work to which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, Landlord consents shall be performed and installed at Tenant’s sole cost and expenseexpense in accordance with plans and specifications to be supplied by Tenant, a lien which plans and completion bond in an amount equal to one specifications, and one-half (1½) times any the contractors, subcontractors and all estimated costs suppliers of labor or materials shall in all instances first be subject to Landlord’s approval, which shall not be unreasonably withheld or delayed. Landlord shall respond to any request by Tenant for Landlord’s approval, including any such request made in connection with the Initial Work, within thirty (30) days, and, if Landlord does not give its approval, Landlord shall specify its reasons for not giving its approval. During the performance of any intended improvements to the Premiseswork, to insure Landlord against any liability for mechanics’ and materialmenwhether or not Landlord’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the partiesconsent is required therefor, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required shall maintain such insurance as Landlord may reasonably require for the benefit of Landlord or such other parties as Landlord shall designate in writing. Tenant shall reimburse Landlord for Landlord’s actual out-of-pocket costs in reviewing Tenant’s plans for any alterations requiring Landlord’s approval. Landlord shall provide Tenant with invoices from those professionals from whom Landlord incurred fees in support of Landlord’s demand for reimbursement in accordance with this Section. Landlord will make commercially reasonable efforts to cooperate with Tenant in connection with any Alterationsapplication Tenant makes to obtain any permits, licenses, approvals and/or sign-offs necessary for any alterations or improvements Tenant makes pursuant to this Section. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease)Within 30 days of completion of any alterations or improvements, in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by regardless of whether Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Leaseconsent is required therefor, Tenant shall be solely responsible for the maintenance furnish Landlord with complete as-built sepia and repair of any and all Alterations made by it CAD drawings thereof. Landlord shall not charge Tenant a supervisory fee in connection with work performed pursuant to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsthis Section.
Appears in 2 contracts
Samples: Lease Agreement (Vitamin Shoppe, Inc.), Lease Agreement (Vitamin Shoppe, Inc.)
Alterations. (a) Tenant shall perform Tenant’s Work in accordance with the provisions set forth in Exhibit B hereof, and Landlord hereby consents shall make available to certain Tenant Improvementsthe Improvements Allowance specified in Section 1.7, on the terms upon and subject to the conditions terms provided in Exhibit B hereto.
(b) Landlord shall have the responsibilities in respect of the condition of the Premises and the performance of work therein provided in Exhibit C. B-1 hereto.
(c) Subject to subsection (b) above, and subject to any Landlord’s obligation to repair and maintain the Premises set forth in the Lease, Tenant shall accept the Premises in its “AS IS” condition, and Landlord shall have no obligation to make any alterations in or to the Premises in order to prepare the same for Tenant’s occupancy.
9.2 Tenant shall not make or permit anyone to make any Alterations in, on in or about to the Premises or the Building without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent (a) may be withheld or granted in Landlord’s sole and approval absolute discretion with regard to any Alterations that adversely affect, require modifications to, or increase the burden of the Premises upon, the Structural and System Alterations (including the installation of any interior staircases and Alterations that impact the Building Structure and Systems) and any Alterations which are visible from the exterior of the Premises, but (b) shall not be unreasonably withheld, conditioned or delayeddelayed with respect to interior Alterations typical for commercial office space. Except Notwithstanding the foregoing, Tenant shall have the right to make Cosmetic Changes within the Premises without requiring the consent of Landlord. All Alterations made by Tenant shall be performed and completed: (i) in accordance with all Laws; (ii) lien-free; (iii) in a good, competent, workmanlike and prompt manner using new or comparable materials only; (iv) on days and at times reasonably approved in writing by Landlord (which may include during business hours for particular work if and to the extent appropriate in light of the nature of the work); (v) after obtaining insurance policies meeting the requirements set forth in Section 13.2; and (vi) in compliance with the Construction Rules and Regulations (as defined in Section 6 of Exhibit B). For Tenant’s Alterations that do not constitute Cosmetic Changes, such Alternations shall further be performed and completed: (A) by a contractor reasonably approved in writing by Landlord; (B) under the supervision of an architect reasonably approved in writing by Landlord selected by Tenant and reasonably approved by Landlord; (C) in accordance with plans and specifications reasonably acceptable to Landlord without the obligation to use specifications that are higher than Building standard materials or those required by law, approved in writing at Landlord’s standard charge not to exceed $2,500; (D) after having obtained any required consent of the holder of any Mortgage of whom Tenant has written notice (provided that Landlord shall, upon Tenant’s written request made in connection with Tenant’s submission regarding particular Alterations, advise Tenant in writing whether consent is required under such Mortgage for such Alterations); (E) with the obligation for Tenant to deliver to Landlord written, unconditional, full or partial (as applicable) waivers of mechanics’ and materialmen’s liens against the Premises and the Building for all work, labor and services to be performed and materials to be furnished within fifteen (15) Business Days after the applicable portion of the Alterations are completed; and (F) upon request, after Tenant has delivered to Landlord documentation reasonably satisfactory to Landlord evidencing Tenant’s financial ability to complete the Alteration in accordance with the provisions of this Lease. If any lien (or a petition to establish such lien) is filed in connection with any Alteration made by or on behalf of Tenant, such lien (or petition) shall be discharged of record by Tenant in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlordmanner provided by applicable Law within twenty (20) days thereafter, at Tenant’s sole cost and expense. If Landlord gives its consent to the making of any Alteration, such consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises or the Building to any liens which may be filed in connection therewith. Tenant acknowledges that any Alterations are accomplished for Tenant’s account, Landlord having no obligation or responsibility to construct or install the same. Landlord’s approval of any plans and drawings (and changes thereto) regarding any Alterations or any contractor or subcontractor performing such Alterations shall not constitute Landlord’s representation that such approved plans, drawings, changes or Alterations comply with all Laws. Any deficiency in design or construction, although same had prior approval of Landlord, shall be solely the responsibility of Tenant. All Alterations involving structural, electrical, mechanical or plumbing work, the heating, ventilation and air conditioning system of the Premises or the Building, fire and life safety system, the roof of the Building, or any areas outside of the Premises shall, at Landlord’s election, be performed by Landlord’s designated contractor or subcontractor at Tenant’s expense (provided the cost therefor is competitive). No construction supervision or administration fee shall be payable in respect of Tenant’s Work. In connection with any subsequent Alterations, Landlord shall be paid a lien and completion bond construction supervision fee in an amount equal to one three percent (3%) of the total cost of such Alteration. Promptly after the completion of an Alteration, Tenant at its expense shall deliver to Landlord three (3) sets of accurate as-built (or record) drawings and one-half (1½) times CAD drawings showing such Alteration in place.
9.3 If any Alterations that require Landlord’s consent are made without the prior written consent of Landlord, then Landlord shall have the right, at Tenant’s expense, to so remove and all estimated costs of any intended improvements correct such Alterations and restore the Premises and the Building to the Premises, condition prior to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any AlterationsAlteration. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with to the Premises existing as of or the Commencement Date, and shall not diminish the value of the Project. All Alterations Building made by Tenant either party shall be and immediately become the property of Landlord upon installation and shall not remain upon and be deemed surrendered with the Premises as a part thereof at the expiration or earlier termination of the Lease Term; provided, however, that Tenant shall remove, at Tenant’s Personal Propertysole costs and expense, all Alterations and other items (including any telecommunications, security, data, computer and similar equipment, cabling and wiring) in the Premises or the Building, which Landlord designates in writing for removal. Landlord shall make such designation promptly after receipt of a written request by Tenant given with Tenant’s request for Landlord’s approval of such Alteration. Notwithstanding any other provisions of the foregoing or anything to the contrary contained in this Lease, Tenant shall not be solely responsible required to remove Alterations consisting of standard build-out items that are typically installed by similar tenants in multi tenanted, multi story, first class office buildings, including but not limited to the following: (a) the improvements in the kitchen, any restrooms/showers and other improvements that are depicted in or similar to those in the test fits prepared by Xxxxxxx Architecture for the maintenance Premises dated April 30, 2012 and repair February 24, 2012 (the “Test Fits”) attached hereto as Exhibit A; and (b) improvements such as data center and gym/work out rooms, whether or not these type of improvements are depicted in the Test Fits; provided that Tenant may be required to remove interior staircases, if any, installed by Tenant and perform related restoration work. Movable furniture, furnishings and equipment shall be deemed to exclude without limitation any item the removal of which might cause material damage to the Premises or the Building, or which would normally be removed from the Premises with the assistance of any and all Alterations made by it major tool or machinery. If such removal causes damage or injury to the PremisesPremises or the Building, then Landlord shall have the right, at Tenant’s expense, to repair all damage and injury to the Premises or the Building caused by such removal as aforesaid, if Tenant has not completed such repair with thirty (30) days following said damage or injury or, if earlier, prior to or by the Expiration Date (as the same may be extended as herein provided) or the effective date of any earlier termination of this Lease. If such furniture, furnishings and equipment are not removed by Tenant prior to or by the expiration or earlier termination of the Lease Term, the same shall at Landlord’s option be deemed abandoned or become the property of Landlord to be surrendered with the Premises as a part thereof; provided, however, that Landlord shall have the right at Tenant’s expense to remove from the Premises any or all such items or to require Tenant to do the same, except as otherwise provided in this Section. If Tenant fails to return the Premises to Landlord as required by this Section, then Tenant shall give pay to Landlord, all costs (including a construction management fee) incurred by Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of in effectuating such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsreturn.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Guidance Software, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on Supplementing the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit any Alterations inArticle 3 and the Rules and Regulations, on or about as the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not same may be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half amended:
(1½A) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shallTENANT, at its sole cost and expense, shall obtain all necessary governmental permits and governmental inspections certificates for the commencement and approvals required prosecution of any alterations, improvements or other work (including demolition) undertaken by TENANT in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense and to the demised premises (except as expressly set forth in this Lease“TENANT Changes”) and for final approval thereof upon completion (including all necessary sign-offs), and shall cause TENANT Changes to be performed in compliance therewith and with all applicable laws and requirements of insurance bodies, and in good and workmanlike manner, using new materials and equipment at least equal in quality and class to the original installations in the building. All contractors, subcontractors and others engaged in TENANT Changes (including, but not limited to, The American With Disabilities Actthose performing electrical and plumbing work) shall be subject to the approval of OWNER, which approval shall not be unreasonably withheld, provided that the same are not likely to cause any labor disharmony. Notwithstanding the foregoing, TENANT shall be obligated, at its cost and expense, to employ OWNER’s supervising engineer and designated contractors for any alterations and improvements or other work which involves or relates to the building’s electrical system and/or fixtures, or the Xxx Xxxx Xxxx xxx Xxx Xxxx Xxxxx Life and Safety Code, including, but not limited to, the building’s Class E system and sprinkler system; without limiting the foregoing, in the event that TENANT performs any future alterations, TENANT, at its cost and expense, agrees to install all necessary exit lighting, strobe lights and smoke detector equipment as required in connection with such future alterations under the above stated code(s) and other applicable laws and regulations. Prior to commencing any TENANT Changes, TENANT shall first give to OWNER written notice thereof which shall include four (4) copies of the plans and specifications for the proposed TENANT Changes prepared by TENANT’s architect and/or engineer, as the case may be (including, without limitation, layout, architectural, mechanical and structural drawings, to the extent applicable) in CADD format that contain sufficient detail for OWNER and OWNER’s consultants to reasonably assess the proposed TENANT Changes, and, upon completion of TENANT Changes, shall furnish OWNER with “as-built” plans prepared by TENANT’s architect showing the entire demised premises and any permitted TENANT Changes outside thereof. OWNER agrees not to unreasonably withhold its consent to any TENANT Changes which are interior and non-structural, and do not affect any of the building’s systems or operations, or any of the windows, or areas visible from the public portions of the demised premises OWNER agrees that TENANT may perform painting of walls without OWNER’s consent, on at least seven (7) days prior notice to Owner, but TENANT acknowledges that any floor treatment or covering (including, but not limited to, staining, tiling and/or carpeting (but not area rugs)) shall require OWNER’s prior written consent.
(B) In no event shall TENANT commence any TENANT changes before OWNER has approved the same, OWNER has received true copies of the applicable governmental permits and approvals issued in connection therewith, as well as the insurance in form and content as required by this Lease, and TENANT has paid any out-of-pocket fees, costs and expenses incurred by OWNER to date in connection with said TENANT Changes. All TENANT Changes shall be performed in such manner as not to unreasonably interfere with and not to impose any direct or indirect additional expenses upon OWNER in the maintenance or operation of the building. Throughout the performance of TENANT Changes, TENANT, at its cost and expense, shall carry, or cause to be carried, workmen’s compensation insurance in statutory limits and general liability insurance for any occurrence in or about the building, in which OWNER and its agents (and any other parties required by OWNER) shall be named as parties insured, in such limits as OWNER may reasonably prescribe, with insurers reasonably satisfactory to OWNER. TENANT shall furnish OWNER, on request, with satisfactory evidence that such insurance is in effect at or before the commencement of TENANT Changes and, at reasonable intervals thereafter during the continuance of TENANT’S Changes. If any of TENANT Changes shall involve the removal of any fixtures, equipment or other property in the demised premises which are not TENANT’S moveable office furniture and trade fixtures, such fixtures, equipment or other property shall be promptly replaced, at TENANT’S cost and expense, with new fixtures, equipment or other property (as the case may be) of like utility and at least equal value unless OWNER shall otherwise expressly consent in writing and TENANT shall, upon OWNER’S request, deliver, at TENANT’S cost and expense, any such fixtures, equipment or property so removed to OWNER or to such locations in New York City as OWNER shall direct. Except as otherwise expressly provided herein, the provisions of Article 3 shall apply to any of TENANT Changes made hereunder. In the event of any such installations or alterations whether made pursuant to Article 3 or otherwise, TENANT acknowledges that OWNER does not consent and TENANT shall not allow the reservation of any title to or a security interest in such goods.
(C) TENANT agrees that it shall not exercise any of its rights pursuant to the provisions of this Article in any manner which could result in or threaten any work stoppage, picketing, labor disruption or dispute or violate OWNER’S union contracts affecting the land and/or building, or lead to interference with the business of OWNER or any lessee or occupant of the building, and a violation hereof shall be deemed a material default under this Lease; provided that no default shall be deemed to exist if TENANT utilizes contractors selected by OWNER. In the event of the occurrence of any condition described above arising from the exercise by TENANT of its rights pursuant to the provisions of this Article, TENANT shall, immediately upon notice from OWNER, cease the manner of exercise of such rights giving rise to such conditions. In the event TENANT fails to cease such manner of exercise of its rights as aforesaid, OWNER, in addition to any rights available to it under this Lease and pursuant to law, shall have the right to injunction upon notice to the office of TENANT’S attorney, which notice, notwithstanding anything to the contrary contained elsewhere herein, shall be effective and deemed given when hand delivered, or delivered by facsimile or email transmission, to the offices of TENANT’S attorneys.
(D) TENANT, at its cost and expense, and with due diligence and dispatch, shall, within fifteen (15) business days after issuance, procure the cancellation or discharge of record of each and all notices of violation arising from or otherwise connected with TENANT Changes or TENANT’S operations which shall be issued by the Department of Buildings or any other public or quasi-public authority having or asserting jurisdiction. TENANT shall defend, indemnify and save harmless OWNER and its agents from and against any and all mechanic’s and other liens filed in connection with TENANT Changes, including the liens of any security interest in, conditional sales of, or chattel mortgages upon, any materials, fixtures or articles so installed in and constituting part of the demised premises and against all costs, expenses and liabilities incurred in connection with any such lien, security deposit, conditional sale or chattel mortgage or any action or proceeding brought thereon. Notwithstanding anything to the contrary contained in Article 3, TENANT, at its cost and expense, shall likewise procure the satisfaction or discharge of record of all mechanic liens by bonding or otherwise within fifteen (15) business days after the filing of any such lien. Notice is hereby given that TENANT has no power, authority or right to do any act or make any contract which may create or be the foundation for any lien upon the fee or leasehold estate of the OWNER in the demised premises or upon the land or building of which they are a part or the improvements now or hereafter erected upon the demised premises or the land or the building of which they are a part. If TENANT shall fail to procure the satisfaction or discharge of all liens as hereinabove provided, OWNER may, without having to contest the validity or amount of any such lien, pay (and/or utilize the TENANT’s security deposit to pay) the amount of such lien or discharge the same by deposit or by bond or in any manner according to law, and pay any judgment recovered in any action to establish or foreclose such lien or order, and any state or local buildingamount so paid, fire or safety codestogether with any fee, ordinances or regulations)costs and expenses incurred by the OWNER, the Rules (including all reasonable attorney’s fees and Regulations disbursements incurred in and the CC&R’sdefense of any such action, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations bonding or other proceeding) shall be done payable by TENANT as additional rent hereunder. TENANT’S failure to repay OWNER within fifteen (15) days of written demand therefor shall constitute an Event of Default under this Lease.
(E) All alterations, additions or improvements to the demised premises, including those installed by and at the cost and expense of TENANT, in a good and workmanlike manner conforming in quality and design accordance with the Premises existing as terms of the Commencement DateArticles 3 and 48 hereof, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord the OWNER and remain upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions the expiration or sooner termination of this Lease, except that all furnishings, business equipment (including but not limited to audio visual and information technology equipment) unattached trade fixtures and other moveable personal property items shall belong to TENANT and may be removed by TENANT at the expiration or earlier termination of this Lease, provided that any damage to any area in which any of the same were located, whether such damage was caused by attachment or any other method of installation, shall be repaired and restored to match the surrounding areas.
(F) Whenever TENANT requests OWNER’s consent or approval to TENANT CHANGES or to any other matter or thing requiring OWNER’s consent or approval, then OWNER, as a condition precedent to considering such request, may require (in addition to any other requirements of OWNER in connection therewith) that TENANT pay the reasonable fee of OWNER’s attorneys, architect and/or engineer in connection with the consideration of such request, the preparation of any documents pertaining thereto, and/or the monitoring of said CHANGES.
(G) Notwithstanding anything to the contrary in Article 3, Tenant shall not be solely responsible required to remove such alteration at or prior to the expiration of the term of this Lease, except, at Landlord’s option, “Specialty Alterations” (as hereinafter defined) which Landlord may require to be removed (and any damaged areas affected by such removal repaired) by Tenant at Tenant’s sole cost and expense at the expiration or sooner termination of this Lease. As used herein, “Specialty Alterations” shall be any alterations not customarily undertaken in the typical construction of office space and require incremental increases in demolition costs for the maintenance removal thereof, but shall specifically include but not be limited to the following: (a) beam cuts, slab penetrations and repair floor openings, (b) raised, reinforced, or special flooring, and (c) data centers, and vaults. Landlord shall advise Tenant as to whether it will require removal of any and all Alterations made by it Specialty Alteration prior to the Premises. installation thereof provided Tenant shall give sends notice to Landlord written of the intended Specialty Alteration and plans and specifications therefor, which notice includes the following specific language in bold capital letters on the face page of Tenant’s intention notice: “WE HEREBY REQUEST THAT YOU ADVISE US AT THIS TIME WHETHER YOU DEEM THE PROPOSED ALTERATION TO BE A “SPECIALTY ALTERATION,” AND, IF SO, WHETHER YOU REQUIRE THAT THE SAME BE REMOVED AND THE PREMISES RESTORED TO THE CONDITION EXISTING PRIOR TO SAID SPECIALTY ALTERATION AT THE EXPIRATION OR SOONER TERMINATION OF THE LEASE FAILURE TO NOTIFY TENANT WITHIN TEN (10) DAYS THAT REMOVAL AND RESTORATION IS REQUIRED WILL CONSTITUTE LANDLORD’S AGREEMENT THAT SUCH ALTERATION MAY REMAIN UPON EXPIRATION OF THE LEASE.” In the event Tenant strictly complies with the foregoing and Landlord does not state in its response to perform any Tenant’s request that Landlord deems the alteration to be a Specialty Alterations on and requires its removal, Tenant shall not be required to remove said alteration at the Premises at least twenty expiration of this Lease. Notwithstanding anything to the contrary contained elsewhere in this Lease, Specialty Alterations required by Landlord to be removed shall be removed within the last thirty (2030) days prior to of the commencement term. No portion of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsOWNER’S Work shall be considered a specialty alteration.
Appears in 2 contracts
Samples: Lease Agreement (Zentalis Pharmaceuticals, Inc.), Lease Agreement (Zentalis Pharmaceuticals, LLC)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make no alterations, additions or permit any Alterations in, on or about improvements to the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval may be given or withheld in Landlord's sole discretion. Notwithstanding the foregoing, Landlord shall not be unreasonably withheldwithhold its consent to any alterations, conditioned additions or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion Premises which cost less than One Dollar ($1.00) per square foot of the work. Except in the case improved portions of the Tenant Improvements which are Premises (excluding warehouse square footage) and do not (i) affect the subject exterior of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall Building or outside areas (or be installed at Tenant’s sole expense (except as expressly set forth in this Leasevisible from adjoining sites), in compliance with all applicable laws or (ii) affect or penetrate any of the structural portions of the Building, including, but not limited to, The American With Disabilities Actthe roof, and or (iii) require any state material change to the basic floor plan of the Premises, any material change to any structural or local buildingmechanical systems of the Premises, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done (iv) interfere in a good and workmanlike any manner conforming in quality and design with the Premises existing as proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Commencement DateBuilding, and shall not or (v) diminish the value of the ProjectPremises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this LeaseIn addition, Tenant shall be solely responsible for gave the maintenance and repair of any and all Alterations made by it right to make alterations, additions or improvements to the Premises. , without having to obtain Landlord's consent which: (x) do not fall within the conditions identified in subparagraphs (i) through (v) above; and (y) cost less than Fifty Cents ($.50) per rentable square foot of the Premises determined annually (but without carryover or compounding); provided that Tenant shall give Landlord written notice of such changes which notice shall include a reasonably detailed description thereof. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including, but not limited to, a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and reasonable requirements as to the manner, time, and contractor for performance of the work; provided, however, that Landlord may not require Tenant to provide any bonds in connection with any particular alterations project which costs less than One Hundred Thousand Dollars ($100,000.00). Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, all covenants, conditions and restrictions affecting the Project, and the Rules and Regulations (hereafter defined). Tenant understands and agrees that Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of any work which requires a government permit. If any governmental entity requires, as a condition to any proposed alterations, additions or improvements to the Premises by Tenant’s intention , that improvements be made to perform the Common Areas, and if Landlord consents to such improvements to the Common Areas, then Tenant shall, at Tenant's sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, if required by Landlord, Landlord's contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant make any Alterations on improvement which incorporates any Hazardous Materials, including, without limitation, asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at least twenty (20) days prior the end of the Term. Landlord shall have the right to require Tenant to remove any alterations, additions or improvements whether or not Landlord's consent was required unless Landlord's written consent was obtained and at the time of providing its consent, Landlord notified Tenant in writing that Tenant would not have to remove such items upon the expiration or earlier termination of the Lease Term. When reviewing any plans for alterations, additions or improvements submitted for its approval, Landlord shall notify Tenant in writing whether Landlord shall require Tenant to remove any or all of such improvements upon expiration or earlier termination of this Lease. Tenant shall have the right upon expiration or earlier termination of this Lease to remove any and all phone systems, furniture, fixtures and other personal property at Tenant's sole cost and expense provided that Tenant shall repair any damage caused by such removal. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the commencement Premises at the request of such Alterations Tenant, Landlord shall be entitled to enable prompt reimbursement from Tenant for all costs incurred. If Landlord withholds any consent required by this Section 7.3, Landlord shall specify its reasons therefor. The provisions of this Section 7.3 shall not be applicable to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsinitial Tenant Improvements Work constructed pursuant to the attached Work Letter.
Appears in 2 contracts
Samples: Lease Agreement (New Century Financial Corp), Lease Agreement (New Century Financial Corp)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make no alterations, additions or permit any Alterations in, on or about improvements to the Premises without the Landlord’s prior written consent of as provided herein and without a valid building permit issued by the appropriate governmental agency. To the extent that any alterations, additions or improvements to the Premises constitute “Major Alterations” (as defined below), Landlord may withhold its consent in Landlord’s sole and absolute discretion; otherwise, and according Landlord’s consent to plans and specifications approved in writing by Landlordany alterations, which consent and approval additions or improvements to the Premises other than Major Alterations shall not be unreasonably withheld. As used herein, conditioned “Major Alterations” shall mean any alterations, additions or delayed. Except in improvements (i) which are visible from outside the case Premises and/or Building (including design and aesthetic changes), and/or (ii) to the exterior of the Tenant Improvements which are Building, the subject roof of the Initial InstallationBuilding, Landlordthe heating, at its sole optionventilation and/or air conditioning systems serving the Premises, maythe fire sprinkler, howeverplumbing, require as a condition to electrical, mechanical and/or any other systems serving the granting Premises, any interior, load-bearing walls, foundation and/or the floor slab of any such consentthe Building and/or Premises. “Cosmetic Alterations” shall mean alterations, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended additions or improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion interior of the work. Except Premises which do not constitute Major Alterations, are cosmetic in the case of the Tenant Improvements which are the subject of the Initial Installation, nature and unless otherwise agreed in writing by the parties, Tenant shall, at its sole have a cost (per project) not more than Thirty Thousand and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense No/100 Dollars (except as expressly set forth in this Lease$30,000.00), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by for which Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and prior written consent shall not be deemed Tenant’s Personal Property. Notwithstanding any required provided Tenant complies with all other provisions requirements of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the PremisesParagraph 6.5. Tenant shall give notify Landlord written notice of Tenant’s intention to perform any Alterations on the Premises in writing at least twenty fifteen (2015) days prior to the commencement of any such Alterations work to enable Landlord to post and record an appropriate a Notice of Non-responsibility Responsibility or other notice deemed proper before the commencement of such work. Any and all such alterations, additions or improvements shall comply with all Applicable Laws including, without limitation, obtaining any required permits or other governmental approvals. Upon termination of this Lease, any alterations, additions and improvements (including without limitation all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) made by Tenant shall at once become part of the realty and belong to Landlord unless the terms of the applicable consent provide otherwise, or Landlord requests that part or all of the additions, alterations or improvements be removed. In such Alterationscase, Tenant, at its sole cost and expense, shall promptly remove the specified additions, alterations or improvements and shall fully repair and restore the relevant portion(s) of the Premises to the condition in which Tenant is otherwise required to surrender the Premises under Paragraph 18.1.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease (Lionbridge Technologies Inc /De/)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. 5.2.1 Tenant shall not make or permit any Alterations in, on or about alterations to the Premises that affect the structure of the Building or any Building system (electrical, plumbing, mechanical or life safety), or install any wall or floor covering without the Landlord's prior written consent of which may be withheld in Xxxxxxxx's sole discretion. With respect to any other alteration requested by Xxxxxx, Landlord, and according to plans and specifications approved in writing by Landlord, which 's consent and approval shall not be unreasonably withheld, conditioned or delayed. Except Should Landlord consent in the case writing to Tenant's alteration of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Tenant shall contract with a contractor approved by Landlord against any liability for mechanics’ the construction of such alterations (which contractor shall provide Landlord with such certificates of insurance as Landlord shall reasonably require, which certificates of insurance shall name both Landlord and materialmen’s liens Landlord's property manager as additional insureds), shall secure all appropriate governmental approvals and to insure completion permits, and shall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the workBuilding. Except in the case Any such alterations, wiring, cables, or conduit installed by Tenant shall at once become part of the Tenant Improvements which are the subject of the Initial Installation, Premises and unless otherwise agreed in writing by the parties, Tenant shall, belong to Landlord except for removable machinery and unattached movable trade fixtures and attached lab equipment. Landlord may at its sole cost option require that Tenant remove any alterations, wiring, cables or conduit installed by or for Tenant and expense, obtain all necessary permits and governmental inspections and approvals required restore the Premises to the original condition upon termination of this Lease. Landlord shall have the right to post notices of non-responsibility in connection with any Alterationswork being performed by Xxxxxx in the Premises. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made Work by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and comply with all Alterations made by it laws then applicable to the Premises. Tenant shall give Landlord written notice of not allow any liens to attach to the Building or Tenant’s intention to perform any Alterations on 's interest in the Premises at least twenty as a result of its activities or any alterations. Landlord may perform alterations to or change the configuration of the Building and other common areas.
5.2.2 Throughout the term of the Lease and notwithstanding the provisions of Section 18 below, Landlord shall have a continuing right (20but shall not be obligated) days prior to make alterations and/or improvements to the commencement common areas and any other portions of the Building for any purposes that Landlord deems necessary, in its reasonable business judgment, including, without limitation, alterations or improvements that will affect the operation, design, use or aesthetic of the Building. Landlord shall make reasonable efforts to complete all such Alterations alterations and improvements so as to enable Landlord minimize, to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsextent feasible, disturbance to Tenant.
Appears in 2 contracts
Samples: Office Lease (AbSci Corp), Office Lease (AbSci Corp)
Alterations. Landlord hereby consents to certain (a) Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall will not make or permit suffer to be made any alterations, additions or improvements in excess of $5,000.00 excluding the initial Tenant Improvements (collectively “Alterations”) to or upon the Premises, the Building, or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord’s written approval. Tenant will provide Landlord with three detailed drawings of Tenants desired Alterations for approval prior to any Alterations inbeing started. When approved, on Landlord will return one copy of the drawings to Tenant with Landlords signature of approval. Any Alterations to or about upon the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing shall be made by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to LandlordTenant, at Tenant’s sole cost and expense, a lien provided that any architect and completion bond in an amount equal or contractor selected by Tenant to one and one-half (1½) times any and all estimated costs of any intended improvements make the same shall be subject to the Premises, to insure Landlord against any liability for mechanics’ and materialmenLandlord’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterationsreasonable prior written approval. All Alterations which are permanent in character, including wiring for phone, computer, cabling, or other networks, made in or upon the Premises either by Tenant or Landlord, may at the option of Landlord, become Landlord’s property and, at the end of the term or any extension hereof, shall remain on the Premises without compensation to Tenant, unless Landlord request that Tenant remove any such Alterations. Notwithstanding the above, Tenant’s work stations, trade fixtures, furniture, equipment, telecommunications, data and network equipment and switches and other items of personal property brought onto the Premises shall not constitute Alterations hereunder and shall remain Tenant’s property upon the expiration or earlier termination of this Lease.
(b) All Alterations shall, when completed, be of such a character as not to lessen the value of the Premises or such improvements as may be located thereon. Any Alterations shall be installed at Tenant’s sole expense (except as expressly set forth made promptly and in this Lease)a good workmanlike manner, and in compliance with all applicable laws (includingpermits, but not limited to, The American With Disabilities Actbuilding and zoning laws, and with all other laws, ordinances, orders, rules, regulations and requirements of all applicable federal, state and municipal governments, departments, commissions, boards and offices. The costs of any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All such Alterations shall be done in a good and workmanlike manner conforming in quality and design with paid by Tenant, such that the Premises existing as be free of liens, for services performed, labor and material supplied or claimed to have been supplied. Before any Alterations shall be commenced, Tenant shall pay any increase in premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to the Commencement Date, construction of such. Alterations and shall not diminish the increased value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 2 contracts
Samples: Commercial Triple Net Lease (Extend Health Inc), Commercial Triple Net Lease (Extend Health Inc)
Alterations. The Tenant shall not change the Demised Premises or make any additions, alterations, or improvements to the Demised Premises without the Landlord's prior written consent. Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to make shall be submitted to Landlord hereby consents to certain in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant Improvements, on the terms and shall be further subject to the conditions of Exhibit C. following:
(a) Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, first obtain all necessary requisite permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Acta new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction;
(b) Obtain, if applicable, any state fee mortgagee's or local building, fire or safety codes, ordinances or regulationsground lessee's prior written consent;
(c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations;
(d) The cost of the Rules alterations shall be paid by Tenant so that the Demised Premises remains free of any liens;
(e) If requested by Landlord, post with Landlord adequate security to assure restoration of the premises at the end of the Term;
(f) Tenant shall maintain proper insurance as required by Landlord;
(g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property;
(h) No permitted alteration shall be undertaken until detailed Plans and Regulations Specifications have first been submitted to and the CC&R’sapproved in writing by Landlord, and if required, by Landlord’s contractor unless otherwise agreed by the partiesfee mortgagee or ground lessee. All Alterations The Tenant shall be done responsible for paying any of Landlord's fees in a good reviewing the Plans and workmanlike manner conforming in quality and design with Specifications. At the Premises existing as completion of the Commencement Datealteration or restoration, and "as-built" plans shall not diminish the value of the Project. All Alterations be delivered to Landlord;
(i) Any alteration made by Tenant under this Paragraph 10 hereof shall, at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be and become removed by the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty thirty (2030) days prior to the commencement termination of the Term and the Demised Premises shall be restored to its condition prior to such Alterations alteration. The security deposited under Paragraph 10(e) hereof shall be returned to enable the Tenant at the end of the Term if Landlord elects to post have such improvement remain, or, returned to Tenant after restoration by Tenant if Landlord directs that said alteration be removed and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsDemised Premises restored.
Appears in 2 contracts
Samples: Lease Agreement (Tellurian Inc /Nj/), Lease Agreement (Tellurian Inc /Nj/)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make any alterations, additions or permit any Alterations in, on or about the Premises improvements without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord's approval, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except In the event Tenant proposes any alterations, additions, or improvements, it shall submit a complete set of plans and specifications relating thereto, prepared by any architect or professional engineer registered in the case State of the Tenant Improvements which are the subject of the Initial Installation, New Jersey to Landlord. Landlord, at its sole option, may, however, require shall grant or deny approval within 15 days after receipt. Landlord may impose any conditions and/or requirements upon Tenant as a condition Landlord considers necessary or prudent to the granting of any such consent, that Tenant provide to protect Landlord, at Tenant’s sole cost and expense, a lien and completion bond 's interest in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant must agree in writing to adopt any such conditions and/or requirements before any approval is effective. If Landlord shall give grant approval for the proposed work and provided Tenant has agreed to any conditions and/or requirements made a part of such approval, the following additional conditions shall apply:
a. Prior to making any alterations, additions or improvements Tenant shall assure itself that the work will not impair the structural integrity of the Premises, or any portion thereof. Approval of the proposed work by Landlord written notice shall not constitute or imply a warranty or representation by Landlord that the existing Premises, or any part thereof, is adequate to withstand work proposed by Tenant. By making any alterations, additions, or improvements, Tenant expressly warrants that the same will not impair the structural integrity of Tenant’s intention to perform any Alterations on the Premises nor any part thereof and are in full compliance with the requirements of all governmental agencies or authorities having jurisdiction. Landlord reserves the right to approve or reject Tenant's contractor. If Tenant's proposed alteration involves a tie-in to building systems, Landlord further reserves the option of requiring Tenant to use Landlord's contractor.
b. All costs related to the proposed work, irrespective of their nature, are the sole responsibility of Tenant and shall be promptly paid by Tenant at least twenty (20) days such time as they may be due.
c. All contractors, labor and/or material suppliers, and similar parties shall agree, in writing, prior to the commencement of any work or procurement of materials, (1) to jointly comply with Tenant with the mechanics lien restrictions contained elsewhere in this Lease; (2) that they are entering into any agreements for labor and/or material with Tenant and not on behalf or for the benefit of Landlord; (3) that the work to be done shall be in conformance with the last plans and specifications approved by Landlord and that no changes shall be made thereto without the approval of Landlord and Tenant; and (4) that they, and their employees and other agents, shall comply with all rules and regulations contained in Tenant's Lease regarding their conduct on the Premises. Proof of such Alterations agreements shall be given to enable Landlord prior to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of the proposed work.
d. Tenant shall insure, indemnify and hold Landlord harmless for any loss to which Landlord may be subject or which Landlord may sustain relating to accidents, injury to persons (including death), property loss or damage of any nature whatsoever, regardless of cause, arising during or ensuing from the work undertaken by Tenant.
e. All such Alterationsalterations, additions and improvements upon completion shall immediately become the property of Landlord, without compensation by Landlord to Tenant or any other party, and simultaneously become part of the Premises, and Tenant's obligations and responsibilities pursuant to the terms and conditions of this Lease shall thenceforth apply to the aforementioned alterations, additions, or improvements. Upon the termination of the Tenant's lease and/or Tenant's vacating of the premises, Tenant shall remove said alterations, additions and improvements at Tenant's expense, if so requested by Landlord.
f. Upon completion of the work, Tenant will submit to Landlord as-built drawings and certifications of inspections certifying the completion of the alteration, addition or improvement.
Appears in 2 contracts
Samples: Lease Modification and Extension Agreement (Danbury Pharmacal Puerto Rico Inc), Lease Modification and Extension Agreement (Schein Pharmaceutical Inc)
Alterations. Landlord hereby consents to certain Tenant Improvementsshall have the sole and complete right and authority, on the terms and without Landlord’s consent or approval but subject to the conditions provisions contained in any REAs and Overleases relating to alterations, to alter or change each Property Location in any way, including, without limitation, dividing each Property Location (excluding any subdivision of Exhibit C. any land) and adding additional signage; provided that (i) Tenant shall gives Landlord prior written notice of any material alterations, and (ii) at any one time Tenant may not make or permit any Alterations inproposed structural alterations to any Property Location in excess of Two Million Dollars ($2,000,000) per Lease Year, increased annually based on or about increases in the Premises CPI (as defined in Section 31.16) (the “Alteration Cap”), without the Landlord’s prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordconsent, which consent and approval shall not be unreasonably unreasonably, withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, mayit being understood, however, require as a condition that the refusal or failure of Landlord’s Mortgagee to grant consent (to the granting extent required and applicable) to the alterations shall be a reasonable basis for Landlord to withhold its consent. For the purposes of this Lease, the term “structural” shall mean the roof, foundation or load-bearing walls of any such consentBuilding. In addition, that Tenant provide to Landlordshall not demolish, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and onereplace or materially alter any structural or non-half (1½) times any and all estimated costs structural portions of any intended Building or any other improvements to the Premiseslocated on a Property Location, to insure Landlord against or any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installationpart thereof, and unless otherwise agreed in writing by the partiesor make any addition thereto, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required whether voluntary or in connection with any Alterations. All Alterations a repair or Restoration (as defined in Section 14.01) required by this Lease (collectively, the “Capital Improvement”), unless Tenant shall comply with the following requirements:
(a) Each Capital Improvement, when completed, shall be installed at Tenant’s sole expense of such a character as not to materially reduce the value of the applicable Property Location below its value immediately before construction of such Capital Improvement was commenced;
(except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations b) Each Capital Improvement shall be done made with reasonable diligence (subject to Force Majeure) and in a good and workmanlike manner conforming and in quality compliance with all applicable permits and design authorizations and, as applicable, any of the REAs and Overleases. No Capital Improvement shall impair the safety or structural integrity of the applicable Building;
(c) In connection with the Premises existing as construction of any Capital Improvement, the applicable Property Location and the assets of Landlord shall (subject to the provisions of Article 26) at all times be free of liens for work, services, labor and materials supplied or claimed to have been supplied to the applicable Property Location;
(d) No structural Capital Improvement shall be undertaken without obtaining the insurance required by Section 6.01 hereof, and “all risk” builder’s risk property insurance for the full replacement cost of the Commencement Datesubject Capital Improvement on a completed value basis;
(e) No Capital Improvement shall be undertaken until Tenant shall have procured and paid for, insofar as the same may be required from time to time, all permits and authorizations of all governmental authorities for such Capital Improvement. Landlord shall join in the application for such permit or authorization and cooperate with Tenant and execute any additional documents as may be necessary to allow Tenant to complete the alterations and changes, provided it is made without cost, liability, obligation or expense to Landlord. Tenant agrees that it will defend, indemnify and hold harmless the Landlord Indemnified Parties from and against any and all Losses arising from or related to construction of any Capital Improvements and any failure to comply with the requirements in connection with a Capital Improvement as described in this Section;
(f) All Capital Improvements shall be deemed a part of the Premises and, except as set forth in Section 7.02, belong to Landlord at the expiration or early termination of the Term, and Tenant shall execute and deliver to Landlord such instruments as Landlord may require to evidence the ownership by Landlord of such Capital Improvements; and
(g) Excluding Capital Improvements required as a result of any condemnation or casualty or required to comply with Legal Requirements, the maximum costs of Capital Improvements that are not substantially complete or not fully paid for by Tenant, at any one time, shall not diminish exceed Thirty Million Dollars ($30,000,000), increased annually based on increases in the value CPI. Upon completion of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this LeaseCapital Improvements, Tenant shall be solely responsible for promptly provide Landlord with (1) an architect’s certificate certifying that the maintenance Capital Improvements have been completed in conformity with the plans and repair of any and all Alterations made by it to specifications therefor (if the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement alterations are of such Alterations to enable Landlord to post a nature as would customarily require the issuance of such certificate from an architect), (2) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy under applicable Laws), and record an appropriate Notice of Non-responsibility (3) any other documents or other notice deemed proper before the commencement of any such Alterationsinformation reasonably requested by Landlord.
Appears in 2 contracts
Samples: Master Lease (Spirit Finance Corp), Master Lease (Spirit Finance Corp)
Alterations. Landlord hereby consents to certain Tenant Improvementsshall make no alterations, on the terms and subject additions or improvements to the conditions of Exhibit C. Tenant shall not make Premises (including, without limitation, roof and wall penetrations) or permit any Alterations in, on or about the Premises part thereof without obtaining the prior written consent of Landlord, and according to plans and specifications approved Landlord in writing by Landlordeach instance, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require Landlord may impose as a condition to such consent such requirements as Landlord may reasonably deem necessary, including, without limitation that: (a) Landlord be furnished with working drawings before work commences; (b) performance and labor and material payment bonds in form and amount and issued by a company satisfactory to Landlord be furnished; (c) Landlord approve the granting contractor by whom the work is to be performed; (d) adequate course of any such consent, that Tenant provide to construction and general liability insurance be in place and Landlord be named as an additional insured under the contractor's liability and property insurance policies; and (e) Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements 's instructions relating to the Premisesmanner in which the work is to be performed and the times during which it is to be accomplished shall be complied with. Tenant shall pay to Landlord all costs incurred by Landlord for any architectural, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installationengineering, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required supervisory or legal services in connection with any Alterationsalterations, additions or improvements, including, without limitation, Landlord's review of the plans, specifications and budget for purposes of determining whether to consent. All Alterations shall such alterations, additions or improvements must be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done performed in a good and workmanlike manner conforming in quality compliance with all laws, rules and design regulations, including, without limitation, the Americans with Disabilities Act of 1990, and diligently prosecuted to completion. Tenant shall deliver to Landlord upon commencement of such work, a copy of the building permit with respect thereto, and a certificate of occupancy or other final inspection and approval from the applicable governmental authority having jurisdiction over the Premises existing as and the Project, if applicable, immediately upon completion of the Commencement Datework. All such work shall be performed so as not to obstruct the access to the premises of any other tenant in the Building or Project. Should Tenant make any alterations, and shall not diminish the value additions or improvements without Landlord's prior written consent, or without satisfaction of any of the Project. All Alterations made conditions established by Landlord in conjunction with granting such consent, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove all or some of the alterations, additions or improvements at Tenant's sole cost and restore the Premises to the same condition as existed prior to undertaking the alterations, additions or improvements, or if Tenant shall fail to do so, Landlord may cause such removal or restoration to be performed at Tenant's expense and the cost thereof shall be Additional Rent to be paid by Tenant immediately upon demand. Landlord shall be have the right to require Tenant, at Tenant's expense, to remove any and become all alterations, additions or improvements and to restore the property of Landlord Premises to its prior condition upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions the expiration or sooner termination of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give notify Landlord written notice of Tenant’s intention to perform any Alterations on the Premises in writing at least twenty ten (2010) days prior to the commencement of any such Alterations work in or about the Premises, and Landlord shall have the right at any time and from time to enable Landlord time to post and record an appropriate Notice maintain notices of Nonnon-responsibility in or other notice deemed proper before about the commencement of any such AlterationsPremises pursuant to applicable laws. 8.
Appears in 2 contracts
Samples: Standard Industrial Lease Agreement, Standard Industrial Lease Agreement (Intest Corp)
Alterations. Landlord hereby consents Tenant may, from time to certain time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”; provided that this term shall not apply to the Tenant Improvements, on which are governed by other provisions), provided that Tenant first obtains the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Except in the case All of the Tenant Improvements which following shall apply with respect to all Alterations: (a) the Alterations are non-structural and the subject structural integrity of the Initial InstallationPremises shall not be affected; (b) the proper functioning of the mechanical, Landlordelectrical, at its sole optionheating, mayventilating, howeverair-conditioning (“HVAC”), require as a condition to sanitary and other service systems of the granting of any such consentPremises shall not be adversely affected; and (c) Tenant shall have appropriate insurance coverage, that Tenant provide reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary governmental permits and governmental inspections certificates for the commencement and approvals prosecution of Alterations; (ii) if Landlord’s consent is required for the planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received Landlord’s approval (if required), , which shall not be unreasonably withheld, delayed or conditioned, and which shall be given or declined within ten (10) business days. If Landlord declined to give its consent Landlord shall provide the reasons with reasonably specificity, and Tenant may resubmit a request for approval which addresses such reasons, which shall again but subject to the above-referenced 10-day provision; and (iii) cause any contractors or others engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in connection with any AlterationsSection 10 above) and workers’ compensation insurance. All Such insurance policies shall satisfy the obligations imposed under Section 10. Tenant shall cause the Alterations shall to be installed at Tenant’s sole expense (except as expressly set forth in this Lease), performed in compliance with all applicable laws (includingpermits, but not limited to, The American With Disabilities ActLaws and requirements of public authorities, and any state or local building, fire or safety codes, ordinances or regulations), other reasonably restrictions that Landlord may impose on the Rules and Regulations and Alterations. Tenant shall cause the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall to be done diligently performed in a good and workmanlike manner conforming manner, using new materials and equipment at least equal in quality and design with class to the standards for the Premises existing as of the Commencement Date, and shall not diminish the value of the Projectestablished by Landlord. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of With respect to any and all Alterations made by it to the Premises. for which Landlord’s consent is required, Tenant shall give provide Landlord written notice with “as built” plans, copies of Tenantall construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s intention consent to perform any Alterations on is required, and Landlord provides that consent, then at the Premises at least twenty (20) days prior to the commencement of time Landlord so consents, Landlord shall also advise Tenant whether or not Landlord shall require that Tenant remove such Alterations to enable Landlord to post and record an appropriate Notice at the expiration or termination of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsthis Lease.
Appears in 2 contracts
Samples: Industrial Building Lease (United Natural Foods Inc), Industrial Building Lease (United Natural Foods Inc)
Alterations. Landlord hereby consents 6.1 Except for those, if any, specifically provided for in Exhibit B to certain Tenant Improvementsthis Lease, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit suffer to be made any Alterations alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on on, or about to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, and according to Tenant shall, if requested by Landlord, furnish complete plans and specifications approved in writing by for such alterations, additions and improvements. Landlord, which 's consent and approval shall not be unreasonably withheldwithheld with respect to alterations which (i) are not structural in nature, conditioned or delayed. Except in (ii) are not visible from the case exterior of the Tenant Improvements which are the subject Building, (iii) do not affect or require modification of the Initial InstallationBuilding's electrical, Landlordmechanical, at its sole optionplumbing, mayHVAC or other systems, however, require as a condition and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question.
6.2 In the event Landlord consents to the granting making of any such consentalteration, that Tenant provide to addition or improvement by Tenant, the same shall be made by using either Landlord's contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s 's sole cost and expense. If Tenant shall employ any contractor other than Landlord's contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, a lien Tenant shall be responsible for and completion bond in an amount equal to one and one-half (1½) times hold Landlord harmless from any and all estimated delays, damages and extra costs suffered by Landlord as a result of any intended improvements to dispute with any labor unions concerning the Premiseswage, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion hours, terms or conditions of the workemployment of any such labor. Except in the case In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord's demand.
6.3 All alterations, additions or improvements proposed by Tenant Improvements which are the subject of the Initial Installationshall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost prior to construction, provide the additional insurance required under Article 11 in such case, and expensealso all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, including but not limited to, The American With Disabilities Actnotices of non-responsibility, waivers of lien, surety company performance bonds and any state or local building, fire or safety codes, ordinances or regulations), the Rules funded construction escrows and Regulations to protect Landlord and the CC&R’sBuilding and appurtenant land against any loss from any mechanic's, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any materialmen's or other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premisesliens. Tenant shall give pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord's election said sums shall be paid in the same way as sums due under Article 4. Landlord written notice may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of Tenant’s intention to perform any Alterations on removing such alterations or improvements and restoring the Premises at least twenty (20) days prior Premises, to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.extent required under Section 26.2
Appears in 2 contracts
Samples: Lease Agreement (Dpac Technologies Corp), Lease (Limelight Networks, Inc.)
Alterations. Landlord hereby consents to certain 17.1 Tenant Improvementsmay make non-structural, on interior and/or exterior alterations, changes, additions, improvements, reconstructions or replacements of any of the terms and subject to Premises (“alterations”), other than those which would result in a diminution in the conditions value of Exhibit C. the Premises that do not exceed the Threshold Repair Amount in the aggregate. Unless required by applicable federal, state or local law or regulation, Tenant shall not make or permit any Alterations in, on or about the Premises without obtain the prior written consent of LandlordLandlord and Lender to any alteration (i) which would result in a diminution in the value of the Premises, and according to plans and specifications approved (ii) the cost of which in writing by Landlordthe aggregate exceeds the Threshold Repair Amount or (iii) which is structural in nature, which consent and approval to a structural alteration shall not be unreasonably withheld. Without limitation, conditioned or delayed. Except in the case determining whether a structural alteration is “reasonable” for purposes of subsection (iii) of the Tenant Improvements which are preceding sentence, Landlord shall have the subject right to consider whether such alteration would impair the structural integrity of the Initial InstallationPremises, would impair the fair market value of the Premises, or would otherwise adversely affect the overall marketability of the Premises, as determined in Landlord’s reasonable discretion.
17.2 Tenant shall do all such work in a good and workmanlike manner, at its sole optionown cost, mayand in accordance with Laws and Legal Requirements. Tenant shall discharge, howeverwithin sixty (60) days after notice of the filing of the same (by payment or by filing the necessary bond, require as a condition to or otherwise), any mechanics’, materialmen’s or other lien against the granting Premises and/or Landlord’s interest therein, which lien may arise out of any such consentpayment due for any labor, that services, materials, supplies, or equipment furnished to or for Tenant provide to Landlordin, at upon, or about the Premises.
17.3 At Tenant’s sole cost and expensewithout liability to Landlord, Landlord agrees to reasonably cooperate with Tenant (including signing applications upon Tenant’s written request) in obtaining any necessary permits, variances and consents for any alterations which Tenant is permitted or required to make hereunder; provided none of the foregoing shall, in any manner, result in a lien and completion bond in an amount equal material reduction of access to one and one-half (1½) times any and all estimated costs of any intended improvements or ingress to or egress from the Premises, a diminution in the value of the Premises, a change in zoning having a material adverse effect on the ability to insure Landlord against use the Premises for the Healthcare Business by Tenant or otherwise have a material adverse effect on the ability to use the Premises for the Healthcare Business by Tenant.
17.4 Tenant agrees that in connection with any liability for mechanics’ and materialmen’s liens and to insure alteration: (i) the fair market value of the Premises shall not be lessened by more than a de minimus extent after the completion of the work. Except any such alteration, or its structural integrity impaired; (ii) all such alterations shall be performed in the case of the Tenant Improvements which are the subject of the Initial Installationa good and workmanlike manner, and unless otherwise agreed shall be expeditiously completed in writing by the parties, compliance with all Legal Requirements; (iii) Tenant shall, at its sole cost shall promptly pay all costs and expense, obtain expenses of any such alteration; (iv) Tenant shall procure and pay for all necessary permits and governmental inspections and approvals licenses required in connection with any Alterations. All Alterations such alteration; and (v) all alterations shall be installed at Tenant’s sole expense made (except as expressly set forth in this Lease), the case of any alteration the estimated cost of which in compliance any one instance exceeds the Threshold Repair Amount) under the supervision of an architect or engineer and in accordance with all applicable laws (including, but not limited to, The American With Disabilities Act, plans and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations specifications which shall be done in a good submitted to Landlord and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible Lender (for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20information purposes only) days prior to the commencement of such Alterations the alterations.
17.5 All contracts and payments to enable Landlord to post contractors, subcontractors, suppliers and record an appropriate Notice of Non-responsibility other persons in connection with any alteration, Restoration, repair or other notice deemed proper before work performed at the commencement of any such AlterationsPremises shall be entered into, made and performed in compliance with all Laws and Legal Requirements.
Appears in 2 contracts
Samples: Master Lease (Summit Healthcare REIT, Inc), Lease Agreement (Cornerstone Core Properties REIT, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms A. Landlord's Consent and subject to the conditions of Exhibit C. Conditions. Tenant shall not --------------------------------- make any improvements or permit any Alterations in, on or about alterations to the Premises (the "Work") without in ---- each instance submitting plans and specifications for the Work to Landlord and obtaining Landlord's prior written consent, unless (a) the cost thereof is less than $20.000, (b) such Work does not impact the base structural components or systems of the Building, (c) such Work will not impact any other tenant's premises, and (d) such Work is not visible from outside the Premises. However, even if Landlord's prior written consent is not required Tenant shall provide Landlord with prior written notice at least five (5) days in advance of commencing the Work so that Landlord may post and record a notice of nonresponsibility or other notices deemed appropriate before the commencement or such Work. Tenant shall pay Landlord's actual out-of-pocket costs incurred, if any, for the review of all of the plans and all other items submitted by Tenant. Tenant shall pay for the cost of all Work, including the cost of any and all approvals, permits, fees and other charges which may be required as a condition of performing such Work. The following requirements shall apply to all Work:
(i) Prior to commencement, Tenant shall furnish to Landlord building permits, certificates of insurance satisfactory to Landlord, and according for any Work costing in excess of $20.000, at Landlord's request, security for payment of all costs.
(ii) Tenant shall perform all Work so as to plans maintain peace and specifications approved in writing by Landlord, which consent harmony among other contractors serving the Project and approval shall not avoid interference with other work to be unreasonably withheld, conditioned performed or delayed. Except services to be rendered in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half Project.
(1½iii) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations The Work shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done performed in a good and workmanlike manner conforming manner, meeting the standard for construction and quality of materials in quality and design with the Premises existing as of the Commencement DateBuilding, and shall not diminish comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("Governmental Requirements"). -------------------------
(iv) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v) Tenant shall perform all Work in compliance with any reasonable "Policies, Rules and Procedures for Construction Projects" which may be in effect at the value time the Work is performed so long as Tenant has received written notice of the Project. All Alterations made by same at the time Landlord gives its consent to the Work.
(vi) Tenant shall be permit Landlord to supervise all Work. Landlord may charge a supervisory fee not to exceed fifteen percent (15%) of labor, material, and become all other costs of the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this LeaseWork, if Landlord's employees or contractors perform the Work.
(vii) Upon completion, Tenant shall be solely responsible for the maintenance furnish Landlord with contractor's affidavits and repair full and final statutory waivers of any liens, as-built plans and specifications, and receipted bills covering all labor and materials, and all Alterations made by it other close-out documentation related to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform Work, including any Alterations on the Premises other information required under any "Policies, Rules and Procedures for Construction Projects" which may be in effect at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationstime.
Appears in 2 contracts
Samples: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. (a) Landlord’s Consent. Tenant shall not make any alterations, additions, installations, substitutes or permit any Alterations inimprovements (“Alterations”) in and to the Property, on or about Building, Premises and/or the Premises Additional Property for Parking without the prior first obtaining Landlord’s written consent of Landlordconsent, and according not to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld. Without limiting the foregoing, conditioned Alterations shall include wiring, cabling and related installations for telephone, computer, voice data and other office systems. Landlord shall not unreasonably withhold, condition or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at delay its sole option, mayconsent; provided, however, require as a condition that Landlord shall have no obligation to consent to Alterations that could affect any structure on the granting Property, Building, Premises and/or Additional Property for Parking Building or that would violate the certificate of occupancy for the Property, Building, Premises and Additional Property for Parking or any applicable law, code or ordinance or the terms of any such consentsuperior lease or mortgage affecting the Property, Building, Premises and Additional Property for Parking or that Tenant provide to Landlordwould increase the rate of insurance for the Property, at Tenant’s sole cost Building, Premises and expenseAdditional Property for Parking or would adversely affect any Building system, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Actany mechanical, electrical, heating, ventilation or air conditioning system, fire protection system, or other system serving the Building (collectively, “Building Systems”). No consent given by Landlord shall be deemed as a representation or warranty that such Alterations comply with laws, regulations and rules applicable to the Property, Building, Premises and Additional Property for Parking (“Laws”), and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premisescompliance therewith. Tenant shall give pay Landlord’s reasonable costs of reviewing or inspecting any proposed Alterations and any other costs that may be incurred by Landlord written notice as a result of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 2 contracts
Samples: Office & Parking Lease (Eargo, Inc.), Office & Parking Lease (Eargo, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. 11.1 Tenant shall not make any alterations, additions or permit any Alterations inimprovements to the Demised Premises (collectively, on or about the Premises "Alterations") without the prior written consent of Landlord, and according to except for the installation of unattached, movable trade fixtures which may be installed without drilling, cuffing or otherwise defacing the Demised Premises. Tenant shall furnish complete plans and specifications to Landlord at the time 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 affect any structural component of the Demised Premises or the Industrial Complex, or (iii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iv) will cost in excess of Twenty-Five Thousand Dollars ($25,000.00). 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 xxxx for all of Landlord's 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 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, which consent and approval . Tenant shall give Landlord not be unreasonably withheld, conditioned or delayed. Except in the case less than ten (10) days advance written notice of the commencement of Tenant's Alterations to enable Landlord to post and record notices of nonresponsibility. Tenant Improvements which are the subject of the Initial Installationshall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Any construction, Landlordalteration, at its sole optionmaintenance, mayrepair, howeverreplacement, require as a condition to the granting of any such consentinstallation, that removal or decoration undertaken by Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with the Demised Premises shall be completed in accordance with plans and specifications which must be approved by Landlord, shall be carried out in a good, workmanlike and prompt manner and in accordance with the provisions of EXHIBIT "C" 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, 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. All If the Alterations shall which Tenant causes to be installed at Tenant’s sole expense (except as expressly set forth constructed result in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and Landlord being required to make any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as alterations and/or improvements to other portions of the Commencement DateIndustrial Complex in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and shall not diminish the value of the Projectexpenses incurred by Landlord in making such alterations and/or improvements. All Any Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not remain on and be deemed Tenant’s Personal Property. Notwithstanding any other provisions surrendered with the Demised Premises upon the expiration or sooner termination of this Leaselease, except Tenant shall be solely responsible for the maintenance upon demand by Landlord, at Tenant's sole cost and repair expense, forthwith and with all due diligence remove all or any portion of any and all Alterations made by it Tenant which are designated by Landlord to be removed and repair and restore the PremisesDemised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. Notwithstanding the foregoing, prior to commencing any Alterations, Tenant may request Landlord's waiver of the restoration obligation with respect to specified Alterations, which waiver may be granted or withheld by Landlord in its sole discretion.
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 shall give agrees to indemnify Landlord written notice of Tenant’s intention and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage.
11.3 In the event Tenant uses a general contractor to perform any Alterations on construction work within the Premises at least twenty (20) days Demised Premises, Tenant shall, prior to the commencement of such Alterations work, require said general contractor to enable execute and deliver to Landlord a waiver and release of any and all claims against Landlord and liens against the Industrial Complex to post which such contractor might at any time be entitled. The delivery of the waiver and record an appropriate Notice release of Non-responsibility lien within the time period set forth above shall be a condition precedent to Tenant's ability to enter on and begin its construction work at the Demised Premises and, if applicable, to any reimbursement from Landlord for its construction work.
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 any contract which may create or be the foundation of any lien, mortgage or other notice deemed proper before encumbrance upon the commencement 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 elects to remodel all or any portion of the Industrial Complex, Tenant will cooperate with such Alterationsremodeling, including Tenant's tolerating temporary inconveniences (and even the temporary removal of Tenant's signs in order to facilitate such remodeling, as it may relate to the exterior of the Demised Premises).
Appears in 2 contracts
Samples: Industrial Complex Lease (Ariba Inc), Sublease (Ariba Inc)
Alterations. Landlord hereby consents to certain Tenant Improvementsmay not make any improvement, on the terms and subject alteration, addition or change to the conditions of Exhibit C. Tenant shall not make Premises or permit to any Alterations inmechanical, on plumbing or about HVAC facilities or other systems serving the Premises (an “Alteration”) without the Landlord’s prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordconsent, which consent shall be requested by Tenant not less than 30 days before commencement of work and approval shall not be unreasonably withheld, conditioned or delayeddelayed by Landlord. Except in Notwithstanding the case of the Tenant Improvements which are the subject of the Initial Installationforegoing, Landlord’s prior consent shall not be required for any Alteration that is decorative only (e.g., at its sole optioncarpet installation or painting) provided that Landlord receives 10 business days’ prior notice. For any Alteration, may(a) Tenant, before commencing work, shall deliver to Landlord, and obtain Landlord’s approval of, plans and specifications (provided, however, require as a condition that with respect to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any decorative Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible permitted to satisfy this requirement by delivering a general description of the proposed work, in lieu of plans and specifications); (b) except in connection with an Alteration reasonably estimated to cost less than $50,000.00, Landlord, in its discretion, may require Tenant to obtain security for the maintenance performance satisfactory to Landlord; (c) Tenant shall deliver to Landlord “as built” drawings (in CAD format, if requested by Landlord; provided, however, that such as-built drawings shall not be required for decorative Alterations), completion affidavits, full and repair of any final lien waivers, and all Alterations made by it to the Premises. governmental approvals; and (d) Tenant shall give pay Landlord written notice within 15 days after Tenant receives a demand (i) Landlord’s reasonable out-of-pocket expenses incurred in reviewing the work, and (ii) a coordination fee equal to 5% of Tenant’s intention the cost of the work; provided, however, that this clause (d) shall not apply to perform any Alterations on the Premises at least twenty (20) days prior Tenant Improvements nor to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsdecorative Alteration.
Appears in 2 contracts
Samples: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
Alterations. Landlord hereby consents to certain Tenant ImprovementsExcept for any Permitted Alterations (as defined below), on the terms and subject to the conditions of Exhibit C. Tenant shall not make any alterations, additions, improvements, or permit installations to the Premises, or attach any Alterations infixtures or equipment thereto, on or about the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in the case of the Any request by Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of make any such consentalterations or additions shall in each instance be accompanied by plans and specifications for such alterations and additions in such detail as Landlord shall reasonably require and prepared by an architect/engineer designated by Landlord. Unless otherwise agreed, that Tenant provide to Landlord, at Tenant’s sole cost all such approved alterations and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended other improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed made by Landlord at Tenant’s sole expense (except as expressly set forth in and shall become the property of Landlord and be surrendered with the Premises upon the expiration of this Lease. However, Landlord may, at Landlord’s option and by written notice at the time such alteration, improvement, decoration or furnishing is approved, require Tenant to remove any or all such alterations, improvements (other than the initial Tenant Improvements), decorations, and furnishings pursuant to this Article only, and repair any damage to the Premises resulting from such alterations, upon the expiration or earlier termination of this Lease. All construction work done by Tenant within the Premises shall be performed in good and workmanlike manner, in accordance with the plans and specifications approved by Landlord, in compliance with all applicable laws (including, but not limited to, The American With Disabilities Actgovernmental requirements, and in such a manner as to cause a minimum of interference with other tenants in the Building. Tenant agrees to indemnify Landlord and hold Landlord harmless against any state loss, liability or local buildingdamage resulting from such work, fire or safety codesand Tenant shall, ordinances or regulations), the Rules and Regulations and the CC&R’s, if requested by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in , furnish a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Datebond or other security satisfactory to Landlord against any such loss, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Propertyliability or damage. Notwithstanding any other provisions of this Leasethe foregoing, Tenant shall be solely responsible for have the maintenance and repair right to make non-structural, non-MEP (mechanical, electrical, plumbing) alterations without the consent of any and all Alterations made by it to the Premises. Landlord (“Permitted Alterations”), so long as (i) Tenant shall give notifies Landlord written notice in writing of Tenant’s its intention to perform any Alterations on the Premises do such work at least twenty ten (2010) days prior to the commencement initiation of such work, (ii) Tenant provides to Landlord a copy of plans and specifications for such work, a construction schedule and a list of contractors and subcontractors, which shall be subject to Landlord’s reasonable approval, (iii) such alterations do not cause excessive loads on the Building and its systems and are not visible from the exterior of the Premises, and (iv) Tenant obtains and furnishes to Landlord required building permits and certificates of occupancy, if any are required. At the time of Landlord’s review of Tenant’s plans and specifications for Permitted Alterations, Landlord will notify Tenant whether or not any of such Permitted Alterations to enable Landlord to post and record an appropriate Notice must be removed at the expiration or termination of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsTerm.
Appears in 2 contracts
Samples: Standard Industrial Lease Agreement, Standard Industrial Lease (Wells Real Estate Investment Trust Ii Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make alterations, repairs, additions or permit improvements or install any Alterations inCable (collectively referred to as “Alterations”) in the Premises, on or about without first obtaining the Premises without the prior written consent of Landlord, and according to plans and specifications approved Landlord in writing by Landlordeach instance, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except “Cable” shall mean and refer to any electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant or any party acting under or through Tenant. Prior to starting work on any Alterations, Tenant shall furnish Landlord with plans and specifications (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may reasonably designate specific contractors with respect to Base Building, as may be described more fully below, and provided further that it shall be reasonable for Landlord to require any contractor or subcontractor performing work on or about the case Premises or Building to employ union labor and any construction manager utilized by Tenant to be a union-associated construction manager); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming as additional insureds the Tenant Improvements Landlord, the managing agent for the Building, and such other Additional Insured Parties (as defined in Section 13) as Landlord may designate for such purposes; and any security for performance in amounts reasonably required by Landlord (except that Landlord may only require such security for any Alterations the cost of which are the subject of is estimated to exceed $250,000.00 and Landlord shall not require any security for the Initial Installation, Landlord, at its sole option, may, however, require as a condition Tenant Work). All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to the granting of any such consent, that Tenant provide Cable with wire) to Landlord, at show Tenant’s sole cost and expensename, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installationsuite number, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense purpose of such Cable (except as expressly set forth in this Lease), in compliance with all applicable laws i) every 6 feet outside the Premises (specifically including, but not limited to, The American With Disabilities Actthe electrical room risers and any Common Areas), and any state or local building, fire or safety codes, ordinances or regulations), (ii) at the Rules termination point(s) of such Cable. Material changes to the plans and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the partiesspecifications must also be submitted to Landlord for its approval. All Alterations shall be done constructed in a good and workmanlike manner conforming using materials of a quality reasonably approved by Landlord, and Tenant shall ensure that no Alteration adversely affects any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any third-party expenses incurred by Landlord in quality and design connection with the Premises existing as review, inspection, and coordination of Tenant’s plans for Alterations and Tenant’s performance thereof, and pay to Landlord or its managing agent a fee for Landlord’s administrative oversight and coordination of any non-Cosmetic Alterations equal to 2% of the Commencement Datehard costs of such non-Cosmetic Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for non-Cosmetic Alterations, customary AIA completion affidavits, full and final waivers of lien, and shall not diminish any applicable certificate of occupancy for the value space affected by such Alterations. Landlord’s approval of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and an Alteration shall not be deemed to be a representation by Landlord that the Alteration complies with Law or will not adversely affect any Building system. If any Alteration requires any change to the Base Building, any Building system, or any Common Area, then such changes shall be made at Tenant’s Personal Propertysole cost and expense and performed, at Landlord’s election, either by Tenant’s contractor or a contractor engaged by Landlord. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this LeaseSection 8.03, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsextent applicable thereto.
Appears in 2 contracts
Samples: Lease Agreement (Monte Rosa Therapeutics, Inc.), Lease Agreement (Monte Rosa Therapeutics, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not (i) make or permit any Capital Alterations in, on or about to any Leased Property, (ii) enlarge or reduce the Premises size of any Facility and/or (iii) make any Capital Alterations or other Alterations that would tie in or connect with any improvements on property adjacent to the Land. Tenant may, without Landlord’s consent, make any alterations, additions, or improvements (collectively, with the alterations described in items (i) – (iii) of the preceding sentence, “Alterations”) to any Leased Property if such Alterations are not of the type described in clause (i), (ii) or (iii) above, so long as in each case: (w) the same do not (A) decrease the value of the Leased Property, (B) affect the exterior appearance of the Leased Property, or (C) affect the structural components of the Leased Property or the main electrical, mechanical, plumbing, elevator or ventilating and air conditioning systems for any Facility, (x) the same are consistent in terms of style, quality and workmanship to the original Leased Property and Fixtures, (y) the same are constructed and performed in accordance with the provisions of Section 11.2 below and (z) the cost thereof does not exceed, in the aggregate, $250,000.00 for any consecutive twelve (12) month period with respect to any single Facility. Except for those limited Alterations that expressly do not require Landlord’s consent pursuant to the preceding sentence, all Alterations shall be subject to Landlord’s prior written consent, in Landlord’s reasonable discretion. To the extent Landlord’s prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations, Landlord may impose such conditions thereon in connection with its reasonable approval thereof as Landlord deems appropriate. All Alterations Notwithstanding the foregoing, Landlord agrees that painting, landscaping, and replacement of floor, wall and window coverings shall be installed at Tenantdeemed Alterations that do not require Landlord’s sole expense consent, regardless of the cost thereof, so long as the same meet the requirements of clauses (except as expressly set forth in this Lease), in compliance with all applicable laws x) and (including, but not limited to, The American With Disabilities Acty) above, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and cost thereof shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for counted towards the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Nonabove-responsibility or other notice deemed proper before the commencement of any such Alterationsreferenced $250,000.00 threshold.
Appears in 2 contracts
Samples: Master Lease Agreement (Emeritus Corp\wa\), Master Lease Agreement (Emeritus Corp\wa\)
Alterations. Landlord hereby consents to certain With the exception of the Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor in writing; provided, however, that Tenant shall have the right to make alterations to the Leased Premises, without obtaining Landlord’s prior written consent provided that (a) such alterations do not exceed Twenty Thousand and No/100 Dollars ($20,000.00) in cost in any one instance and Two Hundred Thousand and No/100 Dollars ($200,000.00) in cost in the aggregate during the Lease Term; (b) such alterations are non-structural and non-mechanical in nature; (c) such alterations do not require a permit; (d) Tenant provides Landlord with prior written notice of its intention to make such alterations, stating in reasonable detail the nature, extent and estimated cost of such alterations, together with the plans and specifications for the same, to the extent applicable, and (e) at Landlord’s option, Tenant must remove such alterations and restore the Leased Premises upon termination of this Lease. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation hereunder to remove any of the Tenant Improvements or permit to otherwise remove any Alterations in, on other alterations or about improvements which have been made by Tenant with the Premises without the prior express written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlordunless, at its sole optionthe time of granting such consent, may, however, require Landlord has expressly required the removal of any such proposed alterations or improvements as a condition to the granting of any such consent, . Tenant shall ensure that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations alterations shall be installed at Tenant’s sole expense (except as expressly set forth made in this Lease), in compliance accordance with all applicable laws (includinglaws, but not limited to, The American With Disabilities Act, regulations and any state or local building, fire or safety building codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in and of quality and design with equal to or better than the Premises existing as original construction of the Commencement DateBuilding. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and shall not diminish the value of the Project. All Alterations made by Tenant nothing in this Lease shall be and become construed to constitute Landlord’s consent to the property creation of Landlord upon installation and shall not be deemed 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’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall cause such lien to be solely responsible for the maintenance and repair discharged of any and all Alterations made by it to the Premisesrecord within thirty (30) days after filing. Tenant shall give indemnify Landlord written notice from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien. Tenant agrees that at Landlord’s option, Duke Construction Limited Partnership or a subsidiary or affiliate of Tenant’s intention Landlord, shall have the right to bid to perform all work on any Alterations on the Premises at least twenty (20) days prior alterations to the commencement Leased Premises that require Landlord’s consent, provided that Duke Construction Limited Partnership or such other subsidiary or affiliate of such Alterations Landlord that Landlord elects to enable Landlord do the work shall have the skills and experience necessary to post perform the work and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsshall be competitively priced.
Appears in 2 contracts
Samples: Office Lease (MaxPoint Interactive, Inc.), Office Lease (MaxPoint Interactive, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make alterations, additions or permit any Alterations in, on or about improvements to the Premises or other portions of the Property after the Commencement Date which are not part of the initial Tenant’s Work provided for herein (collectively referred to as “Alterations”) without first obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. If Landlord does not respond to Tenant’s request for consent within ten (10) business days, Landlord shall be deemed to have granted its consent. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting, wallpapering, hanging pictures and according Installing carpeting; (2) is not visible from the exterior of the Premises or Property; (3) will not affect the systems or structure of the Property; and (4) does not require work to be performed inside the walls or above the ceiling of the Premises (other than installation of telephone, computer, data transmission, internet and other telecommunications cables and wires). However, even though consent is not required, the performance of Cosmetic Alterations shall be subject to all the other provisions of this Section 9.3. Prior to starting work, Tenant shall furnish Landlord with plans and specifications approved reasonably acceptable to Landlord: names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Property systems); necessary permits and approvals; and evidence of contractor’s and subcontractor’s insurance in writing amounts reasonably required by Landlord. Material changes to the plans and specifications must also be submitted to Landlord for its approval, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done constructed in a good and workmanlike manner conforming using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Premises. Landlord may designate reasonable rules, regulations and procedures for the performance of work, in quality and design with the Premises existing as and, to the extent reasonably necessary to avoid disruption to the occupants of the Commencement DateBuilding, and shall not diminish have the value of right to designate the Projecttime when Alterations may be performed. All Alterations made by Tenant shall reimburse Landlord within thirty (30) days after receipt of an invoice for reasonable sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations, provided that no such reimbursement shall be due with respect to Tenant’s initial Alterations in the Premises. Upon completion, Tenant shall furnish “as-built” plans (except for Cosmetic Alterations), completion affidavits, full and become final waivers of lien and receipted bills covering all labor and materials. Tenant shall assure that the property Alterations comply with all insurance requirements and Laws. Landlord’s approval of Landlord upon installation and an Alteration shall not be deemed a representation by Landlord that the Alteration complies with applicable Laws or will be adequate for Tenant’s Personal Propertyuse. Notwithstanding any other provisions of this LeaseCONOCO XXXXXXXX, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.1144 EASTLAKE LEASE PAGE 7 SEPTEMBER 12, 2003
Appears in 2 contracts
Samples: Sublease Agreement, Landlord's Consent to Sublease (Zymogenetics Inc)
Alterations. (1) Prior to making any Alterations, Tenant shall (i) submit to Landlord hereby consents to certain Tenant Improvementsdetailed plans and specifications for approval by the Landlord (including layout, on the terms architectural, electrical, mechanical and subject to the conditions of Exhibit C. structural drawings) and that comply with all Requirements for each proposed Alteration, and Tenant shall not make or permit commence any Alterations in, on or about the Premises such Alteration without the prior written consent first obtaining Landlord's approval of Landlord, and according to such plans and specifications approved in writing by Landlordspecifications, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, (ii) at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and 's expense, obtain all necessary permits permits, approvals and governmental inspections certificates required by any Governmental Authorities, and approvals required (iii) furnish to Landlord duplicate original policies or certificates thereof for worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors, in connection with such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the "as-built" plans and specifications for such Alterations. All Alterations shall be installed made and performed in accordance with the plans and specifications therefor as approved by Landlord and otherwise in accordance with all Requirements. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement.
(2) Landlord reserves the right to disapprove any plans and specifications, in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Requirements or otherwise.
(B) All Alterations shall become a part of the Premises and shall be Landlord's property from and after the installation thereof and may not be removed or changed without Landlord's prior written consent. Notwithstanding the foregoing, Landlord, upon notice given at least thirty (30) days prior to the Expiration Date or upon such shorter notice as is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any specified Alterations and to repair and restore in a good and workmanlike manner any damage to the Premises caused by such removal all at Tenant’s 's sole expense (except as expressly set forth cost and expense. All Tenant's Property shall remain the property of Tenant and, on or before the Expiration Date or earlier end of the Term, may be removed from the Premises by Tenant at Tenant's sole cost and expense; provided, however, that Tenant shall repair and restore in a good and workmanlike manner any damage to the Premises caused by such removal. The provisions of this Section 6.1(B) shall survive the expiration or earlier termination of this Lease).
(1) Any and all Alterations shall be performed, at Tenant's sole cost and expense, by contractors, subcontractors or mechanics previously approved in writing by Landlord. Prior to making an Alteration, at Tenant's request, Landlord shall furnish Tenant with a list of contractors who may perform Alterations to the Premises on behalf of Tenant.
(2) Notwithstanding the terms and conditions of Section 6.1(C)(1) hereof, with respect to any Alteration affecting any Building Systems, (i) Tenant shall only employ Landlord's designated contractor, and (ii) the Alteration shall, at Tenant's expense, be designed by Landlord's engineer.
(1) Any mechanic's lien filed against the Premises for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be canceled or discharged by Tenant, at Tenant's expense, within twenty (20) days after such lien shall be filed, by payment or filing of the bond required by law, and Tenant shall indemnify and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(2) If Tenant shall fail to discharge such mechanic's lien within the aforesaid period, then, in compliance addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanics lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(3) Any amount paid by Landlord for any of the aforesaid charges and for all applicable laws expenses of Landlord (including, but not limited to, The American With Disabilities Actattorneys' fees and disbursements) incurred in defending any such action, discharging said lien or in procuring the discharge of said lien, with interest on all such amounts at the maximum legal rate of interest then chargeable to Tenant from the date of payment, shall be repaid by Tenant within ten (10) days after written demand therefor, and any state or local buildingall amounts so repayable, fire or safety codestogether with such interest, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done considered Additional Rent.
SECTION 6.2. Landlord, at Tenant's expense, and upon the request of Tenant, shall join in a good and workmanlike manner conforming any applications for any permits, approvals or certificates required to be obtained by Tenant in quality and design connection with any permitted Alteration (provided that the Premises existing as provisions of the Commencement Date, applicable Requirements shall require that Landlord join in such application) and shall not diminish the value of the Project. All Alterations made by otherwise cooperate with Tenant shall be and become the property of in connection therewith; provided, however, that Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding obligated to incur any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premisescost or expense or liability in connection therewith.
SECTION 6.3. Tenant shall give furnish to Landlord written notice copies of Tenant’s intention records of all Alterations and of the cost thereof within fifteen (15) days after the completion of such Alterations.
SECTION 6.4. Tenant shall not, at any time prior to perform or during the Term, directly or indirectly, employ, or permit the employment of, any Alterations on contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if such employment would interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Premises at least twenty (20) days prior to by Landlord, Tenant or others, or of any other property owned by Landlord. In the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement event of any such Alterationsinterference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Premises immediately.
Appears in 2 contracts
Samples: Lease Agreement (Comfort Systems Usa Inc), Lease Agreement (Comfort Systems Usa Inc)
Alterations. Landlord hereby consents Tenant may, from time to certain Tenant Improvementstime, on the terms at its expense, make alterations or improvements in and subject to the conditions of Exhibit C. Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant shall not make or permit any Alterations in, on or about first obtains the Premises without the prior written consent of Landlord, except that Tenant does not have to request Landlord’s consent for any Alterations that are purely cosmetic and according non-structural, and cost less than $50,000.00 per project. All of the following shall apply with respect to plans all Alterations: (a) the Alterations are non-structural and specifications approved in writing by Landlord, which consent and approval the structural integrity of the Property shall not be unreasonably withheld, conditioned or delayed. Except in affected; (b) the case Alterations are to the interior of the Tenant Improvements which are Premises; (c) the subject proper functioning of the Initial Installationmechanical, Landlordelectrical, at its sole optionheating, mayventilating, howeverair-conditioning (“HVAC”), require as a condition to sanitary and other service systems of the granting Property shall not be affected and the usage of any such consentsystems by Tenant shall not be increased; and (d) Tenant shall have appropriate insurance coverage, that Tenant provide reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary governmental permits and governmental inspections certificates for the commencement and approvals prosecution of Alterations; (ii) if Landlord’s consent is required for the planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received Landlord’s approval (if required); and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in connection with any Alterationsa form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance and workers’ compensation insurance. All Such insurance policies shall satisfy all obligations imposed under Section 10.2. Tenant shall cause the Alterations shall to be installed at Tenant’s sole expense (except as expressly set forth in this Lease), performed in compliance with all applicable laws (includingpermits, but not limited to, The American With Disabilities ActLaws and requirements of public authorities, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by with Landlord’s contractor unless otherwise agreed by reasonable rules and regulations or any other restrictions that Landlord may impose on the partiesAlterations. All Tenant shall cause the Alterations shall to be done diligently performed in a good and workmanlike manner conforming manner, using new materials and equipment at least equal in quality and design class to the standards for the Property established by Landlord. With respect to any and all Alterations for which Landlord’s consent is required, Tenant shall provide Landlord with the Premises existing “as built” plans (upon completion), copies of the Commencement Dateall construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s consent to any Alterations is required, and Landlord provides that consent, then at the time Landlord so consents, Landlord shall also advise Tenant whether or not diminish Landlord shall require that Tenant remove such Alterations at the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions expiration or termination of this Lease. If Landlord requires Tenant to remove the Alterations, then, during the remainder of the Term, Tenant shall be solely responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord shall not require that Tenant remove the Alterations, such Alterations shall constitute Landlord’s Property (defined below) and repair of Landlord shall be responsible for the insurance thereof, pursuant to Section 10.2. Landlord shall not charge Tenant any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform oversight, management, administrative or other fee for any Alterations on the Premises at least twenty (20) days prior to the commencement or approvals of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 2 contracts
Samples: Industrial Building Lease, Industrial Building Lease (Clearfield, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. (a) Tenant shall not make any alterations to or permit any Alterations in, on or about modifications of the Premises without or construct any improvements within the prior written consent of LandlordPremises until Landlord shall have first approved, and according to in writing, the plans and specifications therefor, which approval may be withheld in Landlord's sole discretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved in writing by Landlord, which consent in substantial compliance with the Landlord-approved plans and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterationsspecifications therefor. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, work undertaken by Landlord’s contractor unless otherwise agreed by the parties. All Alterations Tenant shall be done in accordance with all Laws and in a good and workmanlike manner conforming using new or like-new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder's risk insurance in quality an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Paragraph 20. In no event shall Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Premises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like.
(b) All modifications, alterations and design improvements made or added to the Premises by Tenant (other than Tenant's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Premises, but shall remain the property of Tenant during the Lease. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Premises during the Lease Term without Landlord's written approval first obtained in accordance with the Premises existing as provisions of Paragraph 14(a) above. At the Commencement Dateexpiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall not diminish the value of the Project. All Alterations made by Tenant shall be and automatically become the property of Landlord upon installation and shall not be surrendered to Landlord as part of the Premises as required pursuant to Paragraph 7, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Paragraph 7, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Premises by Landlord and/or at Landlord's expense shall be deemed Tenant’s Personal Propertyreal property and a part of the Premises and shall be property of Landlord. Notwithstanding any other provisions of this LeaseAll lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be solely responsible for deemed improvements to the maintenance Premises and repair not trade fixtures of any Tenant.
(c) Tenant shall make all modifications, alterations and all Alterations made by it improvements to the Premises, at its sole cost, that are required by any Law because of (i) Tenant's use or occupancy of the Premises, the Building, the Common Areas or the Property, (ii) Tenant's application for any permit or governmental approval, or (iii) Tenant's making of any modifications, alterations or improvements to or within the Premises. Tenant shall give If Landlord written notice of Tenant’s intention shall, at any time during the Lease Term, be required by any governmental authority to perform make any Alterations on the Premises at least twenty (20) days prior modifications, alterations or improvements to the commencement Building or the Property, the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the greater of (a) 12%, or (b) the sum of that rate quoted by Xxxxx Fargo Bank, N.T. & S.A. from time to time as its prime rate, plus two percent (2%) ("Xxxxx Prime Plus Two"), shall be amortized by Landlord over the useful life of such Alterations to enable Landlord to post modifications, alterations or improvements, as determined in accordance with generally accepted accounting principles, and record an appropriate Notice the monthly amortized cost of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsmodifications, alterations and improvements as so amortized shall be included in Operating Expenses.
Appears in 2 contracts
Samples: Office Lease (Maker Communications Inc), Office Lease (Maker Communications Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit suffer to be made any Alterations inalteration, on addition or about improvement to or of the Premises or any part thereof (collectively referred to herein as “alterations”) without (i) the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, Landlord (which consent and approval shall not be unreasonably withheldwithheld and Landlord further agrees that Landlord shall not raise the basic rent as of condition of such consent), conditioned (ii) a valid building permit issued by the appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of governmental agencies having jurisdiction and with the rules, regulations and requirements of any board of fire underwriters or delayedsimilar body. Except in Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the case Premises) shall at once become a part of the Tenant Improvements which are Premises and belong to Landlord. Without limiting the subject foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Initial InstallationProject in which the Premises are a part, Landlordshall be and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. If Landlord consents to the making of any alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord’s written approval of any contractor or person selected by Tenant for that purpose (provided that Landlord waives the right to approve such contractor or person if the same is a duly licensed contractor and a valid building permit is issued by the appropriate governmental authority), and the same shall be made at such time and in such manner as Landlord may from time to time designate. Tenant shall, if required by Landlord, secure at Tenant’s cost a completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at is sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to LandlordTenant, at Tenant’s sole cost and expense, a lien to promptly both remove any such alteration made by Tenant and completion bond in an amount equal designated by Landlord to one be removed and one-half (1½) times repair any damage to the Premises caused by such removal. Any moveable furniture and all estimated costs equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If during the term, and subject to paragraph 7 above, any alteration, addition or change of the Premises or the Project is required by law, regulation, ordinance or order of any intended improvements to the Premisespublic or quasi-public authority, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shallTenant, at its sole cost and expense, obtain all necessary permits shall promptly make the same. If during the term any alterations, additions or changes to the Common Area or to the Project in which the Premises is located is required by law, regulation, ordinance or order of any public or quasi-public authority, and governmental inspections it is impractical in the Landlord’s judgment for the affected tenants to individually make such alterations, additions or changes, Landlord shall make such alterations, additions or changes and approvals required in connection with any Alterations. All Alterations the cost thereof shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, a common area charge and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement pay its percentage share of such Alterations cost to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsas provided in paragraph 16.
Appears in 2 contracts
Samples: Standard Industrial Lease (Southwall Technologies Inc /De/), Standard Industrial Lease (Southwall Technologies Inc /De/)
Alterations. Landlord hereby consents (a) Tenant will not make or suffer to certain be made any alterations, additions or improvements in excess of $1,000, excluding the initial Tenant Improvements, on (collectively "Alterations") to or upon the terms and subject to the conditions of Exhibit C. Tenant shall not make Premises, Building, or permit any Alterations inpart thereof, on or about the Premises attach any fixtures or equipment thereto, without the prior first obtaining Landlord's written consent of Landlord, and according to plans and specifications approved in writing by Landlordapproval, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in Any Alterations to or upon the case of the Premises shall be made by Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s 's sole cost and expenseexpense and any contractor selected by Tenant to make the same shall be subject to Landlord's reasonable prior written approval. All such Alterations permanent in character, a lien and completion bond made in an amount equal to one and one-half (1½) times any and all estimated costs or upon the Premises either by Tenant or Landlord, may at the option of any intended improvements to Landlord, become Landlord's property and, at the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion end of the workterm or any extension hereof, shall remain on the Premises without compensation to Tenant unless Landlord requests that Tenant remove any such Alterations. Except in Notwithstanding the case above, Tenant's work stations and other items of personal property shall remain Tenant's property.
(b) Any Alterations shall, when completed, be of such a character as not to lessen the value of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any AlterationsPremises or such improvements as may be then located thereon. All Any Alterations shall be installed at Tenant’s sole expense (except as expressly set forth made promptly and in this Lease), a good workmanlike manner and in compliance with all applicable permits and authorizations and building and zoning laws (includingand with all other laws, but not limited toordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and offices. The American With Disabilities Act, and costs of any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All such Alterations shall be done in a good and workmanlike manner conforming in quality and design with paid by Tenant, so that the Premises existing as be free of liens for services performed, labor and material supplied or claimed to have been supplied. Before any Alterations shall be commenced, Tenant shall pay any increase in premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to the Commencement Date, construction of such Alterations and shall not diminish the increased value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 2 contracts
Samples: Commercial Lease (Medcross Inc), Commercial Lease (Medcross Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or perform, or permit the making or performance of, any Alterations inalterations, on installations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as “Alterations”) without Landlord’s prior written consent.,. All plans, specifications and details for such Alterations, and all contractors performing the Alterations are subject to the prior written consent approval of Landlord, and according to plans and specifications approved in writing by Landlord, which . In the event Landlord grants such consent and approval permits Tenant to contract out such work, such Alterations shall not be unreasonably withheld, conditioned or delayed. Except made and performed in the case of the Tenant Improvements which are the conformity with and subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, following provisions: (i) all Alterations shall be made and performed at Tenant’s sole cost and expense, a lien expense and completion bond at such time and in an amount equal such manner as Landlord may reasonably from time to one and one-half time designate; (1½ii) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, performed by adequately insured contractors approved by Landlord and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality accordance with all applicable Legal Requirements, and design with Tenant shall indemnify and hold harmless Landlord from and against any and all costs, expenses, claims, liens and damages to person or property resulting from the making of any such alterations, decorations, additions or improvements in or to the Leased Premises existing as or the Building; (iii) no Alteration shall affect any part of the Commencement DateBuilding other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (iv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building; (v) Tenant shall submit to Landlord reasonably detailed written plans and specifications for each proposed alteration and shall not diminish commence any such Alteration without first obtaining Landlord’s written approval of such plans and specifications; (vi) all Alterations in or to the value of electrical facilities in or serving the Project. All Alterations made by Tenant Leased Premises shall be and become subject to the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this LeaseSection 5 relating to exceeding electrical capacity; (vii) notwithstanding Landlord’s approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements and in accordance with the Rules and Regulations; and (viii) all materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be of good quality. If building or other permits from governmental authorities are required for any Alterations, Tenant shall be solely responsible for the maintenance obtain such permits and repair of deliver copies thereof to Landlord before work on such Alterations is begun. After any and all Alterations made by it to the Premises. are completed, Tenant shall give Landlord written notice cause all required governmental inspections of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable be made and shall deliver to Landlord to post a copy of the inspection report and record an appropriate Notice one complete set of Non-responsibility or other notice deemed proper before the commencement of any “as built” plans for such Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Comscore, Inc.), Lease Agreement (Comscore, Inc.)
Alterations. Landlord hereby consents to certain Tenant ImprovementsAfter the Commencement Date, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit any Alterations in, on or about the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord’s consent shall not be required for any nonstructural Alterations to the Premises which do not affect the electrical, plumbing, HVAC or mechanical systems of the Building and do not exceed Ten Thousand and no/100ths Dollars ($10,000.00) in cost so long as Tenant provides Landlord with prior notice of any such Alterations. Notwithstanding the foregoing, Tenant shall not, without the prior written consent of Landlord, make any Alterations to the exterior of the Building or the Outside Area; Alterations to and according penetrations of the roof of the Building; or Alterations visible from outside the Building, to all of which Landlord may withhold Landlord’s consent on wholly aesthetic grounds. All Alterations shall be constructed and/or installed (i) by Landlord’s contractor or a contractor reasonably approved by Landlord; provided, however, that if Tenant selects, and Landlord approves, a contractor other than Landlord’s contractor, then Landlord shall enter into the contract for such Alterations with such contractor; (ii) at Tenant’s sole expense, (iii) in compliance with all applicable Laws and permit requirements, (iv) pursuant to plans and specifications approved in writing by Landlord if Landlord, which ’s consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any is required for such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial InstallationAlterations, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done v) in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at Landlord’s option, require Tenant to remove, at Tenant’s expense, any or all Alterations installed by Tenant from the Premises at the expiration or sooner termination of this Lease. If Xxxxxxxx’s consent is required for any Alterations, then Landlord shall notify Tenant of Landlord’s election at the time that Xxxxxxxx’s consent is granted for such Alterations. If, however, Xxxxxxxx’s consent is not required for such Alterations, Landlord shall notify Tenant of Landlord’s election within ten (10) business days after Xxxxxx’s request for such determination by Landlord. If Tenant removes any Alterations as required or permitted herein, Tenant shall repair any and all damage to the Premises caused by such removal and return the Premises to their condition as of the Commencement Date, normal wear and tear, casualty, condemnation, and repairs that are not Xxxxxx’s responsibility hereunder excepted and subject to the provisions of Paragraph 22. Notwithstanding any other provisions provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Ceribell, Inc.), Lease Agreement (Ceribell, Inc.)
Alterations. Landlord hereby consents to certain Tenant ImprovementsExcept as otherwise allowed under this Lease, on including, without limitation, the terms and subject to the conditions of Exhibit C. Work Letter Agreement, Tenant shall not make or permit suffer to be made any Alterations alterations, additions, or improvements in, on on, or about to the Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and according no such alterations, additions or improvements shall be made without the supervision of Landlord’s designated agent or representative. In the event Landlord consents to the making of any such alterations, additions, or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances, and regulations and all requirements of Landlord's and Tenant's insurance policies. All work shall be performed in accordance with plans and specifications approved by Landlord, and each contractor and subcontractor must first be approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlordor, at its sole Landlord's option, maythe alteration, howeveraddition or improvement shall be made by Landlord for Tenant's account, require as a condition to and Tenant shall reimburse Landlord for the granting of any such consent, cost thereof upon demand. To the extent that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times requests that Landlord manage any and all estimated costs of any intended improvements construction services to the Premises, to insure then Landlord against may charge a fee for any liability for mechanics’ and materialmenall such construction supervision provided by Landlord’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required designated agents or representatives in connection with any Alterationssuch alterations, additions or improvement to the Premises by Tenant. All Alterations Such fee, at Landlord’s option, shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state either a fixed fee or local building, fire or safety codes, ordinances or regulations), a fee calculated an hourly basis considering the Rules and Regulations and the CC&R’s, time expended by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done agents or representatives in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed supervising Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsconstruction.
Appears in 2 contracts
Samples: Office Lease Agreement (Ultimate Software Group Inc), Office Lease Agreement (Ultimate Software Group Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. (a) Tenant shall not make any alterations, repairs, additions or permit improvements or install any Alterations incable (collectively, on or about the Premises “Alterations”) without first obtaining the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Notwithstanding the generality of the foregoing, Landlord shall be entitled to withhold its consent to proposed Alterations if, in Landlord’s good faith judgment, any one or more of the following situations exist: (i) the proposed Alterations will adversely affect the exterior appearance of the Building; (ii) the proposed Alterations may impair the structural strength of the Building, adversely affect any Building Systems, or adversely affect the value of the Building; (iii) the proposed Alterations would trigger the necessity under Applicable Requirements or otherwise for work to be performed outside the Premises; or (iv) the proposed Alterations are not consistent with, or would detract from, the character or image of the Building. At least thirty (30) days before the commencement of Alterations, Tenant shall submit to Landlord plans, specifications, and product samples of the proposed Alterations for Landlord’s review. Landlord’s sole interest in reviewing and approving such documents is to protect Landlord’s interests, and no such review or approval by Landlord shall be deemed to create any liability of any kind on the part of Landlord, or constitute a representation on the part of Landlord or any person consulted by Landlord in connection with such review and according approval that such plans or other documents are correct or accurate, or are in compliance with any Applicable Requirements. Tenant shall pay the reasonable out-of-pocket costs incurred by Landlord in reviewing Tenant’s plans, specifications and product samples, if any, within ten (10) business days after receipt of an invoice therefore and reasonable supporting documentation.
(b) Landlord or its affiliate shall have the right to plans perform Alterations on behalf of Tenant. If Landlord does not elect to perform the Alterations, the contractor and specifications all subcontractors and suppliers used by Tenant must be approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned conditioned, or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may; provided, however, that Landlord reserves the right to require as a condition any work to be performed on the granting of Building Systems (whether such Building Systems are located within or outside the Premises) to be performed by subcontractors specified by Landlord. Tenant shall not, either directly or indirectly, use any such consent, that Tenant provide to Landlord, at non-union labor.
(c) All Alterations by Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations contractor shall be installed at Tenant’s sole expense (except as expressly set forth diligently completed in this Lease), a good and workmanlike manner and in compliance with all applicable laws Applicable Requirements and any Building construction rules and regulations then in effect. Tenant and Tenant’s (i) contractor, (ii) subcontractors and (iii) suppliers who provide labor or deliveries on behalf of Tenant within the Building, shall maintain such insurance as may be reasonably required by Landlord, and Tenant shall provide Landlord with evidence of such insurance prior to any such party’s entry into the Building. If Tenant or any person who is in or about the Building with the consent of Tenant shall cause any damage to the Building or the Common Areas, Tenant shall reimburse Landlord for the cost of repairs. Promptly after completion of the Alterations, Tenant shall deliver to Landlord “as built” drawings in CAD format showing the Alterations. On the first day of the month following substantial completion of any Alterations, Tenant shall pay Landlord a fee of five percent (5%) of all hard and soft costs of the Alterations to compensate Landlord for its review and coordination of the Alterations.
(d) Unless otherwise provided by written agreement, all Alterations (including, but not limited to, The American With Disabilities Actsink units, wall-to-wall carpets, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations signs) shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation at the end of the Term, and shall not remain upon and be deemed surrendered with the Premises, excepting however, that at Landlord’s election, Tenant shall, at Tenant’s Personal Propertyexpense, remove any or all Alterations and restore the Premises to the condition prior to such Alteration (reasonable wear and tear excepted) before the last day of the Term, provided that Landlord shall have included with its approval of such Alterations the written statement that Landlord is reserving its right to require that any or all of such Alterations be so removed and the Premises so restored. Notwithstanding any other provisions of this LeaseIf Tenant fails to so remove the Alterations or restore the Premises within the time limits provided above, Tenant shall be solely responsible for pay Rent to Landlord as provided by Section 19.2 hereof as if Tenant had held possession of the maintenance Premises after the Term, until Tenant so removes the Alterations and repair of any and all Alterations made by it to restores the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 2 contracts
Samples: Office Lease (Eidos Therapeutics, Inc.), Office Lease (Eidos Therapeutics, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make no structural alterations, additions or permit any Alterations in, on or about improvements to the Premises without the express prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, Landlord which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed, except that Tenant may alter any wall that is not of a load-bearing nature without the consent of Landlord. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition may make non-structural changes and modifications to the granting Premises without Landlord's approval. In the event Landlord has not responded to Tenant's written request for alterations within fifteen (15) days of when received, such alteration shall be deemed to have been approved by Landlord. Tenant agrees to save Landlord harmless on account of any such consentclaim or lien of mechanics, that Tenant provide to Landlordmaterialmen or other party, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterationsalterations, additions or improvements of or to the Premises performed by Tenant. All Alterations Tenant shall furnish such waivers of liens and appropriate affidavits from the general contractor or subcontractors as Landlord may reasonably request. Notwithstanding the foregoing, Tenant shall also be installed at Tenant’s sole expense entitled to make the following changes without necessity of Landlord's consent: (except as expressly set forth i) any alterations required to be made by it pursuant to governmental orders, rules, laws, regulations, ordinances or requirements, and (ii) any changes in this Lease), its signage (provided such are in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, local ordinances and any state restrictive covenants affecting the Premises) or local building, fire those recommended or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed required by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to automobile manufacturer whose automobiles are sold on the Premises. Tenant shall give Landlord written notice of Tenant’s intention have the right to perform finance any Alterations on the Premises at least twenty (20) days prior alterations or improvements permitted hereunder and may pledge its interest in this Lease as security therefor; provided, however, that any liens granted in connection with such financings shall be subordinate to the commencement rights of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsunder this Lease.
Appears in 2 contracts
Samples: Lease Agreement (United Auto Group Inc), Lease Agreement (United Auto Group Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit suffer or allow to be made any Alterations inalterations, on additions or about improvements in or to the Premises (collectively, “Alterations”) without the prior first obtaining Landlord’s written consent of Landlord, and according to based on detailed plans and specifications approved in writing submitted by Tenant; provided Landlord, which ’s consent and approval shall will not be unreasonably withheldrequired if (a) the proposed Alterations will not affect the structure or the mechanical, conditioned electrical, HVAC, plumbing or delayed. Except life safety systems of the Building and (b) the total cost to acquire and install the proposed Alterations will be no more than (i) $15,000.00 in any one instance and (ii) $25,000.00 in the case of aggregate during any calendar year. In all other instances where Landlord’s consent is so required, it may be granted or withheld by Landlord in its sole and absolute discretion. In all events, Tenant shall notify Landlord prior to commencing Alterations other than de minimis Alterations, and Landlord shall have the Tenant Improvements which are the subject of the Initial Installation, Landlordright, at its sole optionLandlord’s election, may, however, require as a condition to supervise the granting Alterations work. Tenant agrees that all such work (regardless of any such consent, that Tenant provide to whether Landlord, ’s consent is required) shall be done at Tenant’s sole cost and expense, a lien in accordance with the plans and completion bond in an amount equal to one specifications approved by Landlord and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with manner, that the Premises existing as structural integrity of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and Building shall not be deemed impaired, and that no liens shall attach to all or any part of the Premises, the Building, or the Property by reason thereof. In addition to the foregoing, Tenant agrees to pay to Landlord, as Additional Rent, Landlord’s reasonable costs and expenses paid or incurred in connection with Landlord’s review of plans and specifications and Landlord’s project supervision relating to Tenant’s Personal Property. Notwithstanding any other provisions design and installation of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to at the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises obtain, at least twenty (20) days prior to the commencement of its sole expense, all permits required for such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationswork.
Appears in 2 contracts
Samples: Short Form Industrial Building Lease, Industrial Building Lease (Birks Group Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. (a) Tenant shall not make any alteration in or permit any Alterations in, on or about to the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, Landlord which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except If alterations requested by Tenant are made by Landlord, Tenant shall pay Landlord within 15 days of demand the cost therefor plus a 10% Surcharge. If Landlord gives its consent to the making of alterations by Tenant, all such work shall be done in accordance with such requirements and upon such conditions as Landlord, in its sole discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant with respect to the case adequacy, correctness or efficiency thereof or otherwise. Notwithstanding anything to the contrary contained herein, Landlord’s consent shall not be required for alterations requested by Tenant that do not exceed $10,000.00 to complete and that do not materially affect the Building’s equipment, facilities, systems or structural components and that are not visible from the Common Areas or the exterior of the Building, provided Tenant Improvements which are the subject delivers Landlord reasonable prior notice of the Initial Installationsuch work and provided further that all such work shall otherwise be done in accordance with this Section and upon such conditions as Landlord may reasonably determine.
(b) Tenant shall defend, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost indemnify and expense, a lien save harmless Landlord from and completion bond in an amount equal to one and one-half (1½) times against any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s other liens and to insure completion encumbrances filed by any person claiming through or under Tenant, including security interests in any materials, fixtures, equipment or any other improvements or appurtenances installed in and constituting part of the work. Except in the case of the Tenant Improvements which are the subject of the Initial InstallationPremises and against all costs, expenses and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required liabilities (including reasonable attorneys’ fees) incurred in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and such lien or encumbrance or any state action or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premisesproceeding brought thereon. Tenant at its expense shall give Landlord written notice procure the satisfaction or discharge of Tenant’s intention to perform any Alterations on record of all such liens and encumbrances within 20 days after the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsfiling thereof.
Appears in 2 contracts
Samples: Lease (Plures Technologies, Inc./De), Lease (CMSF Corp)
Alterations. Tenant shall make no alterations, installations, changes or additions in or to the Premises or the Project (collectively, "ALTERATIONS") without Landlord's prior written consent. Any Alterations approved by Landlord hereby consents to certain Tenant Improvements, on must be performed in accordance with the terms hereof, using only contractors or mechanics approved by Landlord in writing and subject to upon the conditions approval by Landlord in writing of Exhibit C. Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord, fully detailed and according to dimensioned plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition pertaining to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond Alterations in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premisesquestion, to insure Landlord against any liability for mechanics’ be prepared and materialmen’s liens and to insure completion of the work. Except in the case of the submitted by Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, . Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations. Tenant shall cause all Alterations to be performed in a good and governmental inspections workmanlike manner, in conformance with all applicable federal, state, county and approvals required municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "COSMETIC ALTERATIONS") without Landlord's consent, provided that the aggregate cost of any such alterations does not exceed [***], and further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Project, and (iii) affect the exterior appearance of the Project. Tenant shall give Landlord at least fifteen (15) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 2 contracts
Samples: Standard Office Lease (Lindows Inc), Standard Office Lease (Lindows Inc)
Alterations. Landlord hereby consents to certain Tenant Improvementsshall make no alterations, on the terms and subject additions or improvements to the conditions of Exhibit C. Tenant shall not make Premises (whether structural or permit any Alterations in, on or about the Premises nonstructural) without the Landlord's prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordconsent, which consent and approval shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Except If any alteration, addition or improvement is made by Tenant without such consent, Landlord shall have the right to require Tenant to remove the same at any time during the Term. If Tenant shall request Landlord's consent for any alterations, additions or improvements, then Tenant shall submit detailed plans, specifications and an itemized budget for making such alterations, additions or improvements. Landlord may impose any conditions to any consent as Landlord shall in its discretion deem to be necessary or advisable, including without limitation the case hours when work may be performed. Any approved alteration, addition or improvement shall be made only by contractors or mechanics approved by both Tenant and Landlord. Tenant shall provide Landlord with as-built plans and specifications for any alterations, additions or improvements. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations, permits and requirements of any insurance rating bureau used by insurers selected to carry Landlord's insurance, and of any similar body. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics or materialmen's lien against the Premises or any interest therein. If Tenant Improvements which are shall, in good faith, contest the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting validity of any such consentlien, that Tenant provide to Landlordclaim or demand, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, then Tenant shall, at its sole expense defend and protect itself, Landlord, and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Premises. Before commencing any work, Tenant shall give Landlord at least five business (5) days' written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, obtain all necessary permits a completion and governmental inspections lien indemnity bond satisfactory to Landlord for said work and approvals required such other comprehensive general public liability insurance, builders risk insurance, and other such insurance coverages so as to protect the insurable interests of Landlord, Tenant, contractors and subcontractors in connection with any Alterationsamounts and on forms as may be requested by Landlord. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease)Landlord may enter upon the Premises, in compliance with all applicable laws (such case, for the purpose of posting appropriate notices, including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as notices of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsnonresponsibility.
Appears in 2 contracts
Samples: Office Building Lease (Convera Corp), Office Building Lease (Convera Corp)
Alterations. Landlord hereby consents to certain Tenant ImprovementsWithout first obtaining the written consent of Landlord, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit any Alterations in, on or about cause to be made to the Premises without any addition, renovation, alteration, reconstruction or change (collectively, “Alterations”)
(a) involving structural changes or additions, (b) affecting the exteriors of any building, or (c) cost more than $40,000 individually or, when added to all prior written Alterations for the preceding 12 months, cost more than $100,000. If Landlord’s consent of Landlordis required, and according then Tenant shall submit to Landlord detailed plans and specifications approved in writing for all proposed Alterations when requesting Landlord’s consent of such proposed Alterations. Tenant shall comply with all conditions which may be reasonably imposed by Landlord, which consent and including but not limited to Landlord’s reasonable approval shall of all contractors or construction techniques (but Landlord may not be unreasonably withheldimpose such restrictions) and, conditioned or delayed. Except in if the case estimated cost of the Tenant Improvements which are the subject design and construction of the Initial Installationalterations exceeds $500,000, Landlordthe establishment of security for payment of such amounts, at its sole optionand Tenant shall reimburse Landlord for architectural, mayengineering, however, require as a condition or other consulting costs which reasonably may be incurred by Landlord in determining whether to the granting of approve any such consentAlterations. Tenant shall, that Tenant provide to Landlordbefore commencing any Alterations, at Tenant’s sole cost, (i) acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a prompt and expeditious manner), (ii) if the cost of the Alteration exceeds $500,000, obtain and expense, deliver to Landlord (unless this condition is waived in writing by Landlord) a lien and completion bond in an amount equal to one and one-half (1½) times any and all 125% of the estimated costs cost of any intended improvements to the Premisesproposed Alterations, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure ensure completion of the work. Except , (iii) obtain (and deliver to Landlord proof of) reasonably adequate insurance, including workers compensation insurance, with respect to the individuals and entities installing or involved with such Alterations (which insurance Tenant shall maintain in the case force until completion of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations). All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and upon installation become the property of Landlord upon installation and shall not remain on and be deemed Tenant’s Personal Property. Notwithstanding any other provisions surrendered with the Premises on termination of this Lease, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant; but Tenant shall only be solely responsible for the maintenance and repair of any and all obligated to remove or restore Alterations made by it to the PremisesPremises by Tenant if either Landlord did not receive a request from Tenant for consent to the Alterations (and notifies Tenant prior to the expiration of this Lease that such removal will be required if Landlord was aware of the Alteration before such expiration date) or Landlord, at the time Landlord grants its consent therefor, states in writing that they must be removed or restored upon expiration or earlier termination of this Lease. Tenant may, at its option, remove or restore any Alterations that Tenant is required or permitted to remove or restore at any time on or before the expiration or earlier termination of this Lease. Tenant shall give notify Landlord written notice of Tenant’s intention to perform any Alterations on the Premises commencement date for all construction at least twenty five (205) days prior to the commencement of such constructing any Alterations in order to enable allow Landlord an opportunity to post and record an appropriate Notice of Nona notice on non-responsibility or other notice deemed proper before the commencement of any such Alterationsresponsibility.
Appears in 2 contracts
Samples: Lease (Neurocrine Biosciences Inc), Lease (Neurocrine Biosciences Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. (a) Tenant shall not, without Landlord's prior written consent, which shall not be unreasonably withheld, make any alterations, improvements or permit any Alterations additions (hereinafter collectively referred to as "ALTERATIONS") in, on or about the Premises. Alterations shall include, but shall not be limited to, the installation or alteration of security or fire protection systems, communication systems, millwork, shelving, retrieval or storage systems, electrical distribution systems, lighting fixtures, telephone or computer system wiring, HVAC and plumbing. At the expiration of the Term, (a) if Landlord, at the time of giving its consent to an Alteration, specified in writing to Tenant that such Alteration is to be removed at the expiration of the Term or (b) if Tenant failed to obtain Landlord's consent to any Alteration for which Landlord's consent is required, then in either case Tenant shall remove such Alterations and restore the Premises to its prior condition, at Tenant's expense. Other than Alterations described in items (i) and (ii) below, Tenant shall make its request to Landlord for proposed Alterations in writing, and shall include the plans and specifications prepared by a licensed architect or engineer. Should Tenant make any Alterations without the prior written consent approval of Landlord, and according to plans and specifications or use a contractor not expressly approved in writing by Landlord, Landlord may, at any time during the Term, require that Tenant remove all or part of the Alterations and return the Premises to the condition it was in prior to the making of the Alterations. In the event Tenant makes any Alterations, Tenant agrees to obtain or cause its contractor to obtain, prior to the commencement of any work, the insurance coverages required by Section 13 below and to provide to Landlord, prior to the commencement of any work, certificates evidencing such insurance, which certificates shall list Landlord as an additional insured. Notwithstanding the foregoing, Landlord's consent shall not be required for (i) any Alteration that is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting or (ii) any single Alteration the cost of which (labor and materials) is less than $20,000.00 and such Alteration will not affect or involve a Building system, mechanical system, or a structural portion of the Building.
(b) Tenant agrees to pay promptly for any work done by Tenant or material furnished in or about the Premises, and Tenant shall not permit or suffer any lien to attach to the Premises and shall cause any such lien or any claim therefor, to be released within 30 days after notice thereof. All work done by Tenant in or about the Premises shall comply with all Laws.
(c) Tenant shall not erect or install signage at the Premises without Landlord's prior written approval as to size, design, and location, which approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for to obtain all zoning approvals and permits associated with Tenant's signage. Notwithstanding the maintenance and repair of any and all Alterations made by it foregoing, Tenant is authorized to modify and/or replace the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations signage existing at the Premises on the Premises at least twenty (20) days Commencement Date without Landlord's prior written approval so long as the size of the modified or replacement signage is not larger than the existing signage and is in the same location as the existing signage, subject in all respects to the commencement Laws, including zoning ordinances, and other local laws, compliance of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationswhich shall be Tenant's responsibility.
Appears in 2 contracts
Samples: Lease Agreement (Source Interlink Companies Inc), Lease Agreement (Source Interlink Companies Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make alterations, repairs, additions or permit improvements or install any Alterations in, on or about Cable (collectively referred to as “Alterations”) without first obtaining the Premises without the prior written consent of Landlord, and according to plans and specifications approved Landlord in writing by Landlordeach instance, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Base Building (defined in Section 5); (d) does not require work to be performed inside the walls or above the ceiling of the Premises; (e) will not create excessive noise or result in the case dispersal of odors or debris (including dust or airborne particulate matter); (f) costs less than $35,000.00; and (g) does not require the Tenant Improvements which are the subject issuance of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the workconstruction permit. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Cosmetic Alterations shall be installed at subject to all the other provisions of this Section 9.03. Prior to starting any work, Tenant shall furnish Landlord with detailed plans and specifications (which shall be in CAD format if requested by Landlord) prepared by a duly licensed architect or engineer; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building, Building Systems and vertical Cable, as may be described more fully below); required permits and approvals; evidence of contractor’s and subcontractor’s insurance in form and amounts reasonably required by Landlord; and any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable. All Cable shall be clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s sole expense name, suite number, and the purpose of such Cable (except as expressly set forth in this Lease), in compliance with all applicable laws i) every 6 feet outside the Premises (specifically including, but not limited to, The American With Disabilities Actthe electrical room risers and any Common Areas), and any state or local building, fire or safety codes, ordinances or regulations), (ii) at the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the partiestermination point(s) of such Cable. All changes to plans and specifications must also be submitted to Landlord for its approval. Alterations shall be done constructed in a good and workmanlike manner conforming in using materials of a quality reasonably approved by Landlord, and design with Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Landlord’s consent shall be deemed to have been reasonably withheld if the Premises existing as proposed Alterations could (a) affect any structural component of the Commencement Date, and shall not diminish the value Building; (b) be visible from or otherwise affect any portion of the ProjectBuilding other than the interior of the Premises; (c) affect the Base Building or any Building Systems; (d) result in Landlord being required under any Laws to perform any work that Landlord could otherwise avoid or defer; (e) result in an increase in the demand for utilities or services that Landlord is required to provide (whether to Tenant or to any other tenant in the Building); (f) cause an increase in any Insurance Expenses; (g) result in the disturbance or exposure of, or damage to, any ACM or other Hazardous Material (defined below); or (h) violate or result in a violation of any Law, Rule or requirement under this Lease. All Alterations made by Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to ten percent (10%) of the cost of the Alterations. Landlord may require a deposit of its estimated fees in advance of performing any review. Neither the payment of any such fees or costs, nor the monitoring, administration or control by Landlord of any contractor or any part of the Alterations shall be and become deemed to constitute any express or implied warranty or representation that any Alteration was properly designed or constructed, nor shall it create any liability on the property part of Landlord upon installation and Landlord. Landlord’s approval of an Alteration shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for a representation by Landlord that the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.Alteration complies with
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (Jaguar Health, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvementsa. Except as hereinafter expressly provided, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit to be made any Alterations inalterations, on additions, changes or about improvements in or to the Leased Premises or any part thereof without first obtaining the prior written consent of Landlord thereto (which consent Landlord agrees not to unreasonably withhold with respect to nnn-structural alterations, additions, changes or improvements, provided Tenant has fully complied with each and every term, covenant and condition in this Lease Agreement and, with respect to such alterations, additions, changes or improvements, has provided Landlord with such liability insurance policies and/or surety bonds as Landlord may reasonably request).
b. Before requesting Landlord's consent, and according Tenant shall submit to Landlord detailed plans and specifications approved in writing duplicate of such proposed alterations, changes, additions or improvements, one of which copies may be retained by Landlord. Landlord shall be entitled to withhold its consent to any such alterations, additions, changes, or improvements, until such time as Tenant provides Landlord with reasonable evidence of the approval of such alterations, additions, changes or improvements by any and all municipal, state, federal or other governmental or other authorities, offices and departments now existing or hereafter created having jurisdiction over the Premises, and of the Board of Fire Underwriters or other like body, which consent approvals Tenant shall obtain at its own cost and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, expense.
c. Landlord, its architect, agents and employees, shall have the right to enter upon the Leased Premises in a reasonable manner and at its sole option, may, however, require as a condition to all reasonable times during the granting course of any such consentalterations, that Tenant provide additions, changes or improvements for the purpose of inspection and of finding out whether such work conforms to Landlord, at Tenant’s sole cost the approved plans and expense, a lien specifications and completion bond in an amount equal to one and one-half (1½) times any with the agreements herein contained.
d. Any and all estimated costs of any intended alterations, additions, improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations changes made by Tenant at any time and all governmental approvals therefor shall immediately be and become the property of Landlord without any payment therefor by Landlord; provided, however, that it is expressly understood and agreed that any trade fixtures or other fixtures added by Tenant shall remain the property of Tenant and may be removed by Tenant, at Tenant's expense, upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions the expiration or earlier termination of this the Lease, Tenant shall be solely responsible for the maintenance provided that any damage caused thereby is immediately repaired by Tenant.
e. Tenant, at its own cost and repair of expense, will cause any and all Alterations made mechanics' liens and perfections of the same which may be filed against the Leased Premises to be paid and satisfied of record within thirty (30) days after Landlord shall send to Tenant written notice by it registered mail of the filing of any notice thereof against the Premises or the owner, for or purporting to be for labor or materials alleged to be furnished or to be charged by or for Tenant at the Leased Premises, or will bond such mechanics' liens and use its best efforts to have such liens discharged by an order of a court of competent jurisdiction within said thirty (30) day period.
f. Any alterations, improvements or other work once begun must be prosecuted with reasonable diligence to completion and, subject to the Premises. provisions of Subsection 9(e), above, be paid for by Tenant shall give Landlord written notice in full, free and clear of Tenant’s intention to perform any Alterations on liens or encumbrances against the Leased Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post or Landlord, and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsmust be performed in all respects in accordance with law.
Appears in 2 contracts
Samples: Merger Agreement (Idx Systems Corp), Merger Agreement (Allscripts Inc /Il)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or perform, or permit the making or performance of, any Alterations inalterations, on installations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without the Landlord's prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordconsent, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in All plans, specifications and details for such Alterations, and all contractors performing the case Alterations are subject to the prior written approval of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole optionnot to be unreasonably withheld, mayconditioned or delayed. In the event Landlord grants such consent and permits Tenant to contract out such work, however, require as a condition such Alterations shall be made and performed in conformity with and subject to the granting of any such consent, that Tenant provide to Landlord, following provisions: (i) all Alterations shall be made and performed at Tenant’s 's sole cost and expense, a lien expense and completion bond at such time and in an amount equal such manner as Landlord may reasonably from time to one and one-half time designate; (1½ii) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, performed by adequately insured contractors approved by Landlord and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality accordance with all applicable Legal Requirements, and design with Tenant shall indemnify and hold harmless Landlord from and against any and all costs, expenses, claims, liens and damages to person or property resulting from the making of any such alterations, decorations, additions or improvements in or to the Leased Premises existing as or the Building; (iii) no Alteration shall affect any part of the Commencement DateBuilding other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (iv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building; (v) Tenant shall submit to Landlord reasonably detailed written plans and specifications for each proposed alteration and shall not diminish commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications; (vi) all Alterations in or to the value of electrical facilities in or serving the Project. All Alterations made by Tenant Leased Premises shall be and become subject to the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this LeaseSection 5 relating to exceeding electrical capacity; (vii) notwithstanding Landlord's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements and in accordance with the Rules and Regulations; and (viii) all materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be of good quality. If building or other permits from governmental authorities are required for any Alterations, Tenant shall be solely responsible for the maintenance obtain such permits and repair of deliver copies thereof to Landlord before work on such Alterations is begun. After any and all Alterations made by it to the Premises. are completed, Tenant shall give Landlord written notice cause all required governmental inspections of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable be made and shall deliver to Landlord to post a copy of the inspection report and record an appropriate Notice one complete set of Non-responsibility or other notice deemed proper before the commencement of any "as built" plans for such Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Comstock Homebuilding Companies, Inc.), Lease Agreement (Comstock Homebuilding Companies, Inc.)
Alterations. Landlord hereby consents (A) Tenant, upon at least ten (10) days written notice to certain Tenant ImprovementsLandlord, on but without obtaining Landlord’s consent, may make Alterations which are purely decorative in nature such as painting, carpeting, wall covering, and the terms and subject to the conditions of Exhibit C. like (such Alterations, hereinafter “Decorative Alterations”). Tenant shall not make or permit to be made any other Alterations inwithout Landlord’s prior written consent, on which consent shall not be unreasonably withheld, conditioned or about delayed, provided that (1) the outside appearance of the Building shall not be affected; (2) the strength of the Building shall not be affected; (3) the structural parts of the Building shall not be affected; (4) except as otherwise expressly provided in this Lease, no part of the Building outside of the Premises without shall be affected; and (5) the prior written consent proper functioning of Landlordthe Building Systems shall not be affected and the use of such systems by Tenant shall not be increased beyond Tenant’s allocable portion of reserve capacity thereof, if any. Reference is made to Schedule B hereto, which contains the Tenant Alteration Guidelines applicable to the Building, which is incorporated by reference in this Lease. To the extent of a conflict between the express provisions of this Lease and according the provisions of the Tenant Alteration Guidelines, the provisions of this Lease shall control. Landlord reserves the right to make reasonable changes and additions to the Tenant Alteration Guidelines, provided however, that such changes or additions shall not conflict with the express provisions of this Lease.
(B) (1) Prior to making any Alterations, Tenant shall, at Tenant’s expense, (i) other than with respect to Decorative Alterations, submit to Landlord three (3) sets of final, stamped and detailed plans and specifications approved in writing by (including layout, architectural, electrical, mechanical and structural drawings) that comply with all Laws for each proposed Alteration, and Tenant shall not commence any such Alteration without first obtaining Landlord’s approval of such plans and specifications, which consent and approval shall not be unreasonably withheld, conditioned or delayed, (ii) at Tenant’s expense, obtain all permits, approvals and certificates required by any Government Authorities, and (iii) furnish to Landlord certificates evidencing worker’s compensation insurance (covering all persons to be employed by Tenant, and Tenant’s contractors and subcontractors, in connection with such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, and as otherwise specified in Schedule I annexed to this Lease, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Except in the case Within thirty (30) days after completion of the Tenant Improvements which are the subject of the Initial Installationsuch Alteration or as soon thereafter as is reasonably practicable, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to LandlordTenant, at Tenant’s sole cost and expense, shall obtain certificates of final approval of such Alterations required by any Government Authority and shall furnish Landlord with copies thereof, together with the “as-built” plans and specifications (or final plans with field notations) for such Alterations, in AutoCad, Release 14 format, either on a lien and completion bond in an amount equal 31/2” disk or CD Rom, or such other format as shall from time to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing time be reasonably designated by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any AlterationsLandlord. All Alterations shall be installed at Tenant’s sole expense (except made and performed substantially in accordance with the plans and specifications therefor as expressly set forth in this Lease)approved by Landlord, in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, Laws and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations Regulations. All materials and equipment to be incorporated in the CC&R’sPremises as a result of any Alterations shall be new and no such materials or affixed equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, except for Decorative Alterations, any Alteration for which the cost of labor and materials (as estimated by Landlord’s contractor unless otherwise agreed by architect, engineer or contractor) is in excess of Seventy Five Thousand ($75,000.00) Dollars and for which plans are required to be filed with the parties. All Alterations New York City Department of Buildings, shall be done in performed only under the supervision of a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it licensed architect reasonably satisfactory to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsLandlord.
Appears in 2 contracts
Samples: Lease Agreement (Everyday Health, Inc.), Lease Agreement (Everyday Health, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. 6.1 Tenant shall not make any alterations, improvements or permit any Alterations in, on or about changes to the Premises (including installation of any security system or telephone or data communication wiring), other than the Tenant Improvements ("Alterations"), without Landlord's prior Written consent (provided, however, that Tenant shall not be required to obtain Landlord's prior approval for minor, non-structural Alterations that do not affect any of the prior written consent Building Systems, are not visible from the exterior of Landlordthe Premises, and according cost less than Ten Thousand Dollars ($10,000.00), so long as Tenant gives Landlord notice of the proposed Alterations at least ten (10) days prior to commencement of the Alterations and complies with all of the following provisions, except that Tenant shall not e required to obtain Landlord's approval of any plans or specifications therefor). Any such Alterations shall be completed by Tenant at Tenant's sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using new materials; (ii) in compliance with plans and specifications approved in writing by Landlord, (which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except ) by Landlord; (iii) in compliance with the case of the Tenant Improvements which are the subject of the Initial Installationconstruction roles and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, Landlordwhether structural or non-structural, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to inside or outside the Premises, required to insure comply fully with all applicable Laws and necessitated by Tenant's work); and (v) subject to all conditions which Landlord against any liability may in Landlord's discretion impose. Such conditions may include requirements for mechanics’ Tenant to: (i) provide payment or performance bonds or additional insurance (from Tenant or Tenant's contractors, subcontractors or design professionals); (ii) use contractors or subcontractors designated by Landlord; and materialmen’s liens and to insure completion (iii) remove all or part of the work. Except in the case Alterations prior to or upon expiration or termination of the Tenant Improvements which are Term, as designated by Landlord. If any work outside the subject Premises, or any work on or adjustment to any of the Initial InstallationBuilding Systems, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals is required in connection with or as a result of Tenant's work, such work shall be performed at Tenant's expense by contractors designated by Landlord. Landlord's right to review and approve (or withhold approval of) Tenant's plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the Property and Landlord's interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable Laws or other requirements. Except as otherwise provided in Landlord's consent, all Alterations shall upon installation become part of the realty and be the property of Landlord.
6.2 Before making any Alterations, Tenant shall submit to Landlord for Landlord's prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations and a copy of the contractor's license. All Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations 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. Tenant shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with obtain all applicable laws permits, authorizations and governmental approvals and deliver copies of the same to Landlord before commencement of any Alterations.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and Tenant does not cause the same to be released by payment, bonding or otherwise within ten (including10) days after the attachment thereof, Landlord shall have the right but not limited to, The American With Disabilities Actthe obligation to cause the same to be released, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, sums expended by Landlord’s contractor unless otherwise agreed by the parties. All Alterations Landlord in connection therewith shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made payable by Tenant shall be and become on demand with interest thereon from the property date of expenditure by Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for at the maintenance and repair of any and all Alterations made by it to the PremisesInterest Rate (as defined in Section 15.2 - Interest). Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty ten (2010) days days' notice prior to the commencement of such any Alterations to enable and cooperate with Landlord to post in posting and record an appropriate Notice maintaining notices of Nonnon-responsibility in connection therewith.
6.4 Subject to the provisions of Section 5 - Use and Compliance with Laws and the foregoing provisions of this Section, Tenant may install and maintain furnishings, equipment, movable partitions, business equipment and other trade fixtures ("Trade Fixtures") in the Premises, provided that the Trade Fixtures do not become an integral part of the Premises or other notice deemed proper before the commencement Building. Tenant shall promptly repair any damage to the Premises or the Building caused by any installation or removal of any such AlterationsTrade Fixtures.
Appears in 2 contracts
Samples: Lease Agreement (Crossworlds Software Inc), Lease Agreement (Crossworlds Software Inc)
Alterations. Landlord hereby consents (a) Tenant shall make no Alterations, additions or improvements in or to certain Tenant Improvements, on the terms Premises without Landlord's prior written consent and subject to such other conditions which Landlord may reasonable require. 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 conditions Building or interfere with the moving of Exhibit C. Tenant Landlord's equipment to or from the enclosures containing said installations and facilities. All such work shall not make or permit any Alterations inbe done at such times and in such manner as Landlord may from time to time designate, on or about and, at the Premises without the prior written consent option of Landlord, under Landlord's supervision. Tenant covenants and according to plans agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and specifications approved requirements of all governmental agencies, offices, and boards having jurisdiction, and in writing full compliance with the rules, regulations and requirements of the National Fire Protection Association, and of any similar body. Before commencing any work, Tenant shall give Landlord at least twenty (20) days written notice of the proposed commencement of such work and shall, if required by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, secure at Tenant’s sole 's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for said work. Tenant further covenants and completion agrees that any mechanic's lien recorded against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant, by bond or otherwise, within thirty (30) days after the filing thereof, at the cost and expense of Tenant. All Alterations, additions or improvements upon the Premises made by either party, including (without limiting the general of the foregoing) all wall covering, built-in an amount equal to one cabinet work, paneling and one-half (1½) times any the like, shall, unless Landlord elects otherwise, become the property of Landlord, and all estimated costs of any intended improvements to shall remain upon, and be surrendered with the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion as a part thereof, at the end of the work. Except in term hereof, except that Landlord may, by written notice to Tenant, require Tenant to remove all partitions, counters, railing and the case of the Tenant Improvements which are the subject of the Initial Installationlike installed by Tenant, and unless otherwise agreed in writing by the parties, Tenant shallshall repair all damage resulting from such removal or, at its sole cost and expenseLandlord's option, obtain shall pay to Landlord all necessary permits and governmental inspections and approvals required costs arising from such removal.
(b) Unless Landlord otherwise agrees in connection with any writing, all such Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state additions or local building, fire improvements affixed or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with built into the Premises existing as of the Commencement Date, (but excluding moveable trade fixtures and furniture) shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to surrendered with the Premises. Tenant shall give , as a part thereof, at the end of the Lease term, except that Landlord may, by written notice of Tenant’s intention to perform any Alterations on the Premises Tenant given at least twenty (20) days prior to the commencement end of the Lease term, require Tenant to remove all or any Alterations, decorations, additions, improvements and the like installed by Tenant, and to repair the Premises, or at Landlord's option to pay all costs in relation to any damage to the Premises arising from such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility removal. Any fixtures, furnishing or other notice deemed proper before personal property remaining after possession of the commencement premises is returned to Landlord shall be the sole and exclusive property of any such AlterationsLandlord and Tenant shall be liable for all costs incurred for removal.
Appears in 2 contracts
Samples: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group Inc)
Alterations. Landlord hereby consents (a) Not to certain Tenant Improvementsalter, divide, cut, maim, injure or remove any of the principal or load bearing walls, floors, beams or columns of or enclosing the Demised Premises nor to make any other alterations or additions of a structural nature to any part of the Demised Premises (either internally or externally).
(b) Not to erect any new building or structure (including any mezzanine or similar structure) on the terms and subject Demised Premises or any part of it nor to unite the Demised Premises or any part of it with any other property nor to demolish the Demised Premises or any part of it.
(c) Not to make any change in the existing design or appearance of the exterior of the Demised Premises.
(d) Not to make any alterations or additions to the conditions Landlord’s fixtures and fittings nor to any of Exhibit C. Tenant shall not make or permit any Alterations in, on or about the Premises Conduits without obtaining the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, the Landlord (which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in ).
(e) Not to make any alterations or additions of a non-structural nature to the case Demised Premises without obtaining the prior written consent of the Tenant Improvements which are Landlord, such consent not to be unreasonably withheld.
(f) Not to affix to the subject outside of the Initial InstallationDemised Premises any bracket, aerial, fixture, wire or other apparatus for radio-diffusion, wireless television or telephone without obtaining the Landlord, at ’s written consent and its sole option, written approval of the location and method of affixing.
(g) The Landlord may, however, require as a condition of giving any such consent under clause 4.13(d), 4.13(e), or 4.13(f), require the Tenant to enter into such covenants as the granting Landlord shall require regarding the execution of any such consent, that works and the reinstatement of the Demised Premises at the end or sooner determination of the Term.
(h) If any alterations or additions to or within the Demised Premises result in a variation of the reinstatement cost of the Demised Premises from the said cost prior to such alterations or additions then the Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond shall:
(i) give notice in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements writing to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion forthwith of the work. Except variation in value so caused to enable the case Landlord to alter the insurance cover in respect of the Demised Premises; and
(ii) pay or reimburse to the Landlord any shortfall of insurance cover caused by a failure to comply with the requirements in clause 4.13(h)(i). The Tenant Improvements which are agrees that notice under clause 4.13(h)(i) notifying the subject variation of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole reinstatement cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall only be installed at Tenant’s sole expense (except as expressly set forth in this Leasesufficient notice if it refers to clause 4.13(h)(i), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 2 contracts
Alterations. Landlord hereby consents Tenant may, from time to certain Tenant Improvementstime, on the terms at its expense, make alterations or improvements in and subject to the conditions of Exhibit C. Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant shall not make or permit any Alterations in, on or about first obtains the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. All of the following shall apply with respect to all Alterations: (a) the Alterations are non-structural and according the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) subject to the modifications approved by Landlord in writing to the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”) which are part of the Tenant Improvements, the proper functioning of the HVAC, sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; and (e) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s reasonable expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) if Landlord’s consent is required for the planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications approved in writing by and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received Landlord’s approval (if required), which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except ; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide form reasonably acceptable to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half ) evidencing policies of commercial general liability insurance (1½) times any and all estimated costs of any intended improvements to providing the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals same coverages as required in connection with any AlterationsSection 10.2 above) and workers’ compensation insurance. All Such insurance policies shall satisfy the obligations imposed under Section 10.2. Tenant shall cause the Alterations shall to be installed at Tenant’s sole expense (except as expressly set forth in this Lease), performed in compliance with all applicable laws (includingpermits, but not limited to, The American With Disabilities ActLaws and requirements of public authorities, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by with Landlord’s contractor unless otherwise agreed by reasonable, non-discriminatory rules and regulations or any other reasonable restrictions that Landlord may impose on the partiesAlterations. All Tenant shall cause the Alterations shall be done to he diligently performed in a good and workmanlike manner conforming manner, using new materials and equipment at least equal in quality and design class to the standards for the Property reasonably established by Landlord. Tenant shall provide Landlord with the Premises existing “as built” plans, copies of the Commencement Dateall construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s consent to any Alterations is required, and Landlord provides that consent, then at the time Landlord so consents, Landlord shall also advise Tenant whether or not diminish Landlord shall require that Tenant remove such Alterations at the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions expiration or termination of this Lease. If Landlord requires Tenant to remove the Alterations, then, during the remainder of the Term, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord shall not require that Tenant remove the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of Alterations, such Alterations shall constitute Landlord’s Property and Landlord shall be responsible for the insurance thereof, pursuant to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsSection 10.1.
Appears in 2 contracts
Samples: Industrial Building Lease (Insys Therapeutics, Inc.), Industrial Building Lease (Insys Therapeutics, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. 9.1. Tenant shall not make any alterations, additions or permit improvements in or to the Premises or engage in any Alterations construction, demolition, reconstruction, renovation or other work (whether major or minor) of any kind in, on at or about serving the Premises ("Alterations"), without the obtaining Landlord's prior written consent of Landlord, and according (not to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed), except Tenant may make non-structural Alterations to the interior of the Premises (excluding the roof) without such consent but upon at least ten (10) days' prior notice to Landlord, provided that the cost thereof does not exceed One Hundred Fifty Thousand Dollars ($150,000.00) per occurrence or an aggregate amount of Five Hundred Thousand Dollars ($500,000.00) annually. Except Notwithstanding the foregoing, Tenant will not do anything that could have a material adverse effect on the Building or life safety systems, without obtaining Landlord's prior written consent. Any such improvements, excepting movable furniture, trade fixtures and equipment, shall become part of the realty and belong to Landlord. All alterations and improvements shall be properly permitted and installed at Tenant's sole cost, by a licensed contractor, in a good and workmanlike manner, and in conformity with all Applicable Laws. Any alterations that Tenant shall desire to make and which require the consent of Landlord shall be presented to Landlord in written form with detailed plans. Tenant shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the permits and the plans and specifications at least thirty (30) days before the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Upon completion of any Alterations, Tenant shall promptly upon completion furnish Landlord with a reproducible copy of as-built drawings and specifications for any Alterations.
9.2. At least twenty (20) days prior to commencing any work relating to any Alterations requiring the approval of Landlord that have been so approved, Tenant shall notify Landlord in writing of the expected date of commencement. Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics' or materialmen's liens to be levied against the Premises arising out of work or services claimed to have been performed, materials claimed to have been furnished, or obligations claimed to have been performed on the Premises by or at the request of Tenant. Tenant shall indemnify, save, defend (at Landlord's option and with counsel reasonably acceptable to Landlord) and hold Landlord Indemnitees from and against any and all Claims of any kind or nature that arise before, during or after the Term on account of claims of lien of laborers or materialmen or others for work or services performed or materials or supplies furnished for Tenant or its contractors, agents or employees, including any administrative, court or other legal proceedings related to such liens. If Tenant fails to discharge, bond against or undertake to defend against such liability, upon receipt of written notice from Landlord of such failure, Tenant shall have fifteen (15) days (the "Defense Cure Period") to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then Landlord may settle the same and Tenant's liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, the amount of such liability to include both the settlement consideration and the costs and expenses (including attorneys' fees) incurred by Landlord in effecting such settlement. In the event any contractor, agent or employee notifies Tenant of its intent to file a mechanics' or materialmen's lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien. In the event that Tenant leases or finances the acquisition of office equipment, furnishings or other personal property of a removable nature utilized by Tenant in the case operation of Tenant's business, Tenant warrants that any Uniform Commercial Code financing statement shall, upon its face or by exhibit thereto, indicate that such financing statement is applicable only to removable personal property of Tenant located within the Premises.
9.3. Tenant shall repair any damage to the Premises caused by Tenant's removal of any property from the Premises. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if such space were otherwise occupied by Tenant. The provisions of this Section shall survive the expiration or earlier termination of this Lease.
9.4. The Premises plus any Alterations, Tenant Improvements, attached equipment, decorations, fixtures and trade fixtures; movable casework and related appliances; and other additions and improvements attached to or built into the Premises made by either of the parties (including all floor and wall coverings; paneling; sinks and related plumbing fixtures; attached benches; production equipment; walk-in refrigerators; ductwork; conduits; electrical panels and circuits; attached machinery and equipment; and built-in furniture and cabinets, in each case, together with all additions and accessories thereto), shall (unless, prior to such construction or installation, Landlord elects otherwise in writing) at all times remain the property of Landlord, shall remain in the Premises and shall (unless, prior to construction or installation thereof, Landlord elects otherwise in writing) be surrendered to Landlord upon the expiration or earlier termination of this Lease. For the avoidance of doubt, the items listed on Exhibit B attached hereto (which Exhibit B may be updated by Tenant Improvements which are from and after the Commencement Date, subject to Landlord's written consent) constitute Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Initial InstallationLease.
9.5. If Tenant shall fail to remove any of its property from the Premises prior to the expiration of the Term, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store such effects without liability to Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any costs and expenses incurred due to such removal and storage or Landlord may, at its sole optionoption and without notice to Tenant, may, however, require sell such property or any portion thereof at private sale and without legal process for such price as a condition Landlord may obtain and apply the proceeds of such sale against any (a) amounts due by Tenant to Landlord under this Lease and (b) any expenses incident to the granting removal, storage and sale of any such consent, that personal property.
9.6. Tenant provide shall pay to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in Landlord an amount equal to one and one-half percent (1½1.5%) times any of the cost to Tenant of all Alterations to cover Landlord's overhead and expenses for plan review, engineering review, coordination, scheduling and supervision thereof. For purposes of payment of such sum, Tenant shall submit to Landlord copies of all estimated bills, invoices and statements covering the costs of any intended improvements such charges, accompanied by payment to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the workfee set forth in this Section. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the partiesIn addition, Tenant shall, at its sole cost and expense, obtain shall reimburse Landlord for all necessary permits and governmental inspections and approvals required third-party costs actually incurred by Landlord in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises.
9.7. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations require its contractors and subcontractors performing work on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable name Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of its affiliates and any such Alterationslender as additional insureds on their respective insurance policies.
Appears in 2 contracts
Samples: Lease Agreement (Innovative Industrial Properties Inc), Purchase and Sale Agreement (Innovative Industrial Properties Inc)
Alterations. 9.1 The initial improvement of the Premises under this Lease (i.e., “Landlord’s Work,” as defined in Exhibit B) shall be accomplished by Landlord hereby consents or its designated contractor(s) in accordance with Exhibit B. Landlord shall deliver the Premises and Tenant shall accept the Premises in its “as is” condition as of the Lease Commencement Date, provided that Landlord shall deliver the Premises (i) vacant, in broom clean condition, and free of prior tenants and furniture, fixtures, equipment and personal belongings of a prior tenant, and (ii) with Landlord’s Work substantially complete and (collectively, the “Delivery Condition”). It is understood and agreed that the preceding sentence is not intended to certain Tenant Improvements, on waive or limit Landlord’s obligation to deliver the terms and subject Premises in compliance with all applicable Laws (including the ADA). Landlord is under no obligation to make any Alterations in or to the conditions of Premises or the Building except as may be otherwise expressly provided in this Lease, including Exhibit C. B to this Lease. Upon Tenant’s written request, Landlord shall use commercially reasonable to enforce any warranties or guaranties obtained in connection with Landlord’s Work.
9.2 Tenant shall not make or permit anyone to make any Alterations in, on in or about to the Premises or the Building without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent may be withheld or granted in Landlord’s sole and approval absolute discretion with respect to Structural and System Alterations and any Alterations which are visible from the exterior of the Premises, and which consent shall not be unreasonably withheld, conditioned or delayeddelayed with respect to all other Alterations. Except Notwithstanding the foregoing, Tenant shall have the right to make Cosmetic Changes within the Premises without first obtaining the consent of Landlord. All Alterations made by Tenant shall be made: (a) in a good, workerlike, first class and prompt manner; (b) using new or comparable materials only; (c) by a contractor reasonably approved in writing by Landlord; (d) on days and at times reasonably approved in writing by Landlord; (e) if architectural and/or engineering plans are required for such Alterations, under the case supervision of the Tenant Improvements which are the subject of the Initial Installation, an architect reasonably approved in writing by Landlord; (f) in accordance with plans and specifications reasonably acceptable to Landlord, approved in writing at Landlord’s standard charge; (g) in accordance with all Laws, this Lease, and Landlord’s then-current construction rules and regulations; (h) after Tenant and its sole optioncontractors have complied with the insurance requirements set forth in this Lease, mayand any additional insurance to be obtained by Tenant’s contractors and subcontractors as reasonably required by Landlord; and (i) upon request, howeverafter Tenant has delivered to Landlord documentation reasonably satisfactory to Landlord evidencing Tenant’s financial ability to complete the Alterations in accordance with the provisions of this Lease (including, require as at Landlord’s reasonable request, a condition payment or performance bond). If any lien (or a petition to the granting establish such lien) is filed in connection with any Alteration made by or on behalf of any Tenant, such consent, that lien (or petition) shall be discharged by Tenant provide to Landlordwithin ten (10) days thereafter, at Tenant’s sole cost and expense, by the payment thereof or by the filing of a lien bond reasonably acceptable to Landlord. If Landlord gives its consent to the making of any Alteration, such consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises or the Building to any liens which may be filed in connection therewith. Tenant acknowledges that any Alterations are accomplished for Tenant’s account and completion bond at Tenant’s sole cost and expense, Landlord having no obligation or responsibility in respect thereof. Landlord’s approval of any plans and drawings (and changes thereto) regarding any Alterations or any contractor or subcontractor performing such Alterations shall not constitute Landlord’s representation that such approved plans, drawings, changes or Alterations comply with Laws. Any deficiency in design or construction, although same had prior approval of Landlord, shall be solely the responsibility of Tenant. All Alterations involving structural, electrical, mechanical or plumbing work, the heating, ventilation and air conditioning system of the Premises or the Building, fire and life safety systems, the roof of the Building, or any areas outside of the Premises shall, at Landlord’s election, be performed by Landlord’s designated contractor or subcontractor at Tenant’s expense (provided the cost therefor is competitive). In connection with any Alteration, Landlord shall be paid a construction supervision fee in an amount equal to one three percent (3%) of the total cost of such Alteration. Promptly after the completion of an Alteration for which architectural and/or engineering plans were required, or which includes Cabling, Tenant at its expense shall deliver to Landlord three (3) sets of accurate as built (or record) drawings and one-half CAD drawings showing such Alteration in place. In addition, on Landlord’s request, Tenant shall certify the names of all contractors and subcontractors who did work on the Alterations and shall provide final lien waives from all such contractors and subcontractors and any other documentation customarily provided in the State in which the Building is located to extinguish liens. All contractors and subcontractors shall be required to procure and maintain insurance against such risks, in such amounts, and with such companies as Landlord may reasonably require. Certificates of such insurance, with evidence of the payment of premiums therefor, must be received by Landlord before any work is commenced. All contracts between Tenant and a contractor must explicitly require the contractor to (1½a) times any name Landlord and all estimated costs the Landlord Insured Parties as additional insureds and (b) indemnify and hold harmless Landlord and the Landlord Insured Parties. Notwithstanding anything contained in this Lease to the contrary, the performance of any intended improvements Alterations pursuant to the Premisesprovisions of this Article IX or of any other provisions of this Lease or the Exhibits hereto shall not be done in a manner which would violate any union contracts affecting the Building, or by which Landlord is bound, or create any work stoppage, picketing, labor disruption, disharmony or dispute or any interference with the business of Landlord or any tenant or occupant of the Building. Tenant shall immediately stop the performance of any Alterations or other activity if Landlord notifies Tenant that continuing such Alteration or activity would violate any union contracts affecting the Building, or by which Landlord is bound, or create any work stoppage, picketing, labor disruption, disharmony or dispute or any interference with the business of Landlord or any tenant or occupant of the Building.
9.3 If any Alterations that require Landlord’s consent are made without the prior written consent of Landlord, then Landlord shall have the right, at Tenant’s expense, to insure Landlord against any liability for mechanics’ remove such Alterations and materialmen’s liens restore the Premises and the Building to insure completion their condition prior to the commencement of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any unauthorized Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with to the Premises existing as of or the Commencement Date, and shall not diminish the value of the Project. All Alterations Building made by Tenant either party shall be and immediately become the property of Landlord and shall remain upon installation and be surrendered with the Premises as a part thereof at the expiration or earlier termination of the Lease Term; provided, however, that (a) subject to any applicable Landlord’s lien thereon, Tenant shall remove from the Premises, prior to the expiration or earlier termination of the Lease Term, (i) all personal property of Tenant, including without limitation movable furniture, furnishings and equipment installed in the Premises solely at the expense of Tenant (“Personal Property”), and (ii) all Cabling installed by or for Tenant anywhere in the Building, and (b) Tenant shall remove at its expense all Alterations and other items in the Premises or the Building which Landlord designates in writing for removal. Landlord shall make such designation promptly after receipt of a written request for such determination by Tenant given with Tenant’s request for Landlord’s approval of such Alteration. Notwithstanding the foregoing, Tenant shall not be deemed required to remove: (x) Alterations (other than Cabling) consisting of standard buildout items that are typically installed by similar tenants in multi tenanted, multi-story, first class office buildings (such as partitions, but not interior staircases, for example), unless so indicated by Landlord at the time required above; and (y) any initial Alteration made by Landlord in initially finishing and completing the Premises in accordance with Exhibit B (i.e., Landlord’s Work). If such removal causes damage or injury to the Premises or the Building, then Landlord shall have the right, at Tenant’s expense, to repair all damage and injury to the Premises or the Building caused by such removal as aforesaid. Tenant expressly agrees that if any of Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Property is not removed by Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it prior to the Premises. Tenant shall give Landlord written notice earlier of (i) the expiration (or earlier termination) of the Lease Term or (ii) the termination of Tenant’s intention to perform any Alterations on right of possession of the Premises, the same shall, at Landlord’s option, be deemed abandoned or become the property of Landlord surrendered with the Premises as a part thereof; provided, however, that Landlord shall have the right at least twenty Tenant’s expense to remove from the Premises any or all such items or to require Tenant to do the same, except as otherwise provided in this Section. If Tenant fails to return the Premises to Landlord as required by this Section, then Tenant shall pay to Landlord, all costs (20including a construction management fee) days prior to the commencement of incurred by Landlord in effectuating such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsreturn.
Appears in 2 contracts
Samples: Office Lease Agreement (IMARA Inc.), Office Lease Agreement (IMARA Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvementswill not paint, on decorate or change the terms and subject architectural treatment of any part of the exterior of the Premises or construct any changes to the conditions interior of Exhibit C. the Premises, without Landlord’s prior written approval thereto, and will promptly remove any paint, decoration, alteration, addition or changes applied or installed without Landlord’s approval or take such other action with respect thereto as Landlord directs. Tenant shall not make any structural alterations, additions or permit any Alterations in, on or about changes to the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayedPremises. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlordmay, at its sole optionown cost and expense erect shelves, maybins, howeverracks and removable (i.e., require as a condition not attached to the granting realty) trade fixtures (collectively “Trade Fixtures”) in the ordinary course of any its business provided such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs items do not alter the basic character of any intended improvements to the Premises, do not damage the Premises, may be removed without injury to insure Landlord against any liability for mechanics’ the Premises and materialmen’s liens the construction, erection and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance installation thereof complies with all applicable laws (including, but not limited to, The American With Disabilities Act, legal requirements and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease. If Landlord grants consent to any requested alterations, Tenant the alterations shall be solely responsible for the maintenance performed in a good, workmanlike and repair of lien free manner in accordance with all applicable legal requirements and any restrictions which may be imposed by Landlord as a condition to its consent. All alterations, changes, additions and all Alterations leasehold improvements made by it to the Premises. Tenant shall give or made by Landlord written notice of on Tenant’s intention behalf and all fixtures installed by Tenant which are not Trade Fixtures are herein collectively referred to perform any Alterations on as “Tenant Additions”, and shall be the Premises at least twenty (20) days prior property of Landlord. Such Tenant Additions shall not be removed by Tenant on, before or following expiration or termination of the Lease without Landlord’s consent except as may be required pursuant to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsSection 27.1.
Appears in 2 contracts
Samples: Standard Industrial Lease (TWC Holding Corp.), Standard Industrial Lease (Wornick CO Right Away Division, L.P.)
Alterations. Landlord hereby consents to certain 8.1 Save as set out below the Tenant Improvementsshall not, on the terms and subject other than in relation to the conditions Tenant’s Works:
8.1.1 alter or interfere with any part of Exhibit C. Tenant shall not the Building and/or the Retained Property;
8.1.2 make any addition or permit any Alterations in, on or about alteration to the Premises unless permitted by this Clause;
8.1.3 alter or interfere with the operation of any Conduits and/or Facilities which serve any part of the Retained Property without the prior written consent of the Landlord in the Landlord’s absolute discretion.
8.2 The Tenant shall not other than in relation to the Tenant’s Works:
8.2.1 erect any new building or structure on the Premises; and/or
8.2.2 make structural alterations or additions to the Building;
8.2.3 make an Internal Alteration which is not permitted without the Landlord’s consent pursuant to Clause 8.3 without in each such case the Landlord’s prior written consent in the Landlord’s absolute discretion.
8.3 The Tenant may without the consent of the Landlord make an Internal Alteration without requiring the Landlord’s consent provided that:
8.3.1 the Tenant shall provide full details in writing to the Landlord of such internal non-structural alterations and/or non-structural demountable partitioning prior to commencing such work or internal demountable partitioning; and
8.3.2 it does not interfere with the operation of any Conduits and/or Facilities (if any) which serve any part of the Retained Property, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in for the case avoidance of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of doubt any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing partitioning installed by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become remain a tenant’s fixture for all purposes of the property Lease.
8.4 The Landlord may before giving any consent under this Clause require:
8.4.1 the submission to the Landlord of drawings and specifications showing the proposed alteration; and
8.4.2 the execution of such licence to carry out the proposed alteration as the Landlord upon installation may reasonably require.
8.5 For the avoidance of doubt the Tenant is not permitted to place any satellite dishes on any part of the Building, other than a maximum of seven satellite dishes each with a maximum diameter of 90 cm, provided always that any such satellite dishes must be located on the fifth floor of the Building to be built as part of the Tenant’s Works, and shall must not be deemed Tenant’s Personal Property. Notwithstanding visible from ground level, and provided always that the Landlord may if reasonable in connection with the Retained Property (whether related to development or any other provisions matter) on giving the Tenant not less than 3 months’ notice require the removal of this Lease, Tenant shall be solely responsible for the maintenance all and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations satellite dishes from the Building and the relocation of the same to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.Block B.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (InterXion Holding N.V.)
Alterations. Landlord hereby consents to certain Tenant Improvementsmay make alterations, on the terms and subject improvements, additions, installations, or changes to the conditions Premises (any of Exhibit C. the preceding, “Alterations”) only if: (i) Tenant shall not make or permit any Alterations in, on or about the Premises without the prior first obtains Landlord’s written consent of Landlord(which consent may not unreasonably be withheld, and according to plans and specifications approved in writing conditioned, or delayed), (ii) Tenant complies with all conditions, which may be imposed by Landlord, including but not limited to Landlord’s selection of specific contractors or construction techniques (but Landlord may not unreasonably impose such restrictions), and (iii) Tenant pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which consent and approval reasonably may be incurred by Landlord in determining whether to approve any such Alterations. At least 30 days before making any Alterations, Tenant shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, submit to Landlord, at its sole optionin written form, mayproposed detailed plans of such Alterations. Tenant shall, however, require as a condition to the granting of before commencing any such consent, that Tenant provide to LandlordAlterations, at Tenant’s sole cost cost, (i) acquire (and expensedeliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a lien prompt and completion bond expeditious manner), (ii) provide Landlord with 10 days’ prior written notice of the date the installation of the Alterations is to commence, which notice must explicitly remind Landlord to post and record an appropriate notice of non-responsibility, and (iii) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of Tenant’s employees installing or involved with such Alterations (which insurance Tenant shall maintain in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure force until completion of the workAlterations). Except in All Alterations shall upon installation become the case property of Landlord and shall remain on and be surrendered with the Premises on termination of this Lease, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by at the partiestime Landlord consents to the Alteration, in which event, Tenant shall, at its sole cost and expensecost, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state on or local building, fire before the Expiration Date or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions earlier termination of this Lease, Tenant shall be solely responsible for repair and restore the maintenance and repair of any and all Alterations made by it Premises to the Premisescondition of the Premises prior to the installation of the Alterations which are to be removed. Tenant shall give Landlord written notice pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanics’ and materialmen’s lien’s resulting from or relating to any Alterations or other construction. The term “Alteration” does not include any of the following that are paid for and installed by Tenant and Tenant may remove any of the following that are paid for and installed by Tenant at any time: Tenant’s intention personal property, equipment, capital equipment, fume hoods, fume snorkels, de-ionized water skids, vacuum pumps, dehumidification units, uninterruptible power supplies, warehouse racks, parts racks, scientific research equipment, portable cold rooms, moveable unattached lunch room and office furnishings and equipment, telecommunications and data equipment (other than cabling), machine shop tools and portable equipment, portable glass wash equipment, equipment monitoring systems, air compressors and emergency generators (collectively, the “Equipment”). Notwithstanding the foregoing, if installation of any of the Equipment materially effects any of the improvements within the Project, the installation itself (but not the Equipment) is considered an Alteration and subject to perform any Alterations on the requirements of this Article 13. Landlord acknowledges that Landlord has no lien, right, claim, interest or title in or to the Equipment, except to the extent remaining at the Project after termination of this Lease. Tenant may grant a security interest in the Equipment. Within 14 days following Tenant’s written request, Landlord shall execute an acknowledgement of the foregoing in a commercially reasonable form for the benefit of the secured party under a security interest granted in accordance with the preceding sentence, allowing the secured party or equipment lessor access to the Premises at least twenty (20) days prior for removal of the Equipment, subject to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsLandlord’s reasonable restrictions.
Appears in 2 contracts
Samples: Sublease Agreement (Anadys Pharmaceuticals Inc), Lease Agreement (Phenomix CORP)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make alterations, repairs, additions or permit improvements or install any Alterations inCable (collectively referred to as “Alterations”) in the Premises, on or about without first obtaining the Premises without the prior written consent of Landlord, and according to plans and specifications approved Landlord in writing by Landlordeach instance, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except Notwithstanding the foregoing, Tenant shall have the right to make Cosmetic Alterations (as defined below) to the Premises without Landlord’s prior written approval. “Cable” shall mean and refer to any electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant or any party acting under or through Tenant. Prior to starting work on any Alterations, Tenant shall furnish Landlord with plans and specifications as applicable (which shall be in CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building and vertical Cable, as may be described more fully below); required permits and approvals; and evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord and naming as additional insureds the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole optionthe managing agent for the Building, mayand such other Additional Insured Parties (as defined in Section 13) as Landlord may reasonably designate for such purposes, and with respect to any Alterations costing in excess of $300,000.00, any security for performance in amounts reasonably required by Landlord. Landlord may designate specific contractors with respect to oversight, installation, repair, connection to, and removal of vertical Cable; provided, however, require Landlord hereby provides its approval of Comcast, Crown Castle and RMON Networks as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half Cable contractor (1½but not as service providers unless the same are existing service providers for the Building or are otherwise approved by Landlord) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Tenant Work and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations Cable shall be installed at clearly marked with adhesive plastic labels (or plastic tags attached to such Cable with wire) to show Tenant’s sole expense name, suite number, and the purpose of such Cable (except as expressly set forth in this Lease), in compliance with all applicable laws i) every 6 feet outside the Premises (specifically including, but not limited to, The American With Disabilities Actthe electrical room risers and any Common Areas), and (ii) at the termination point(s) of such Cable. Changes to the plans and specifications must also be submitted to Landlord for its approval. Landlord shall use reasonable efforts to either approve or deny Tenant’s request for approval of Alterations within ten (10) Business Days of receipt of written request by Xxxxxx. In the event that Landlord fails to respond within such ten (10) Business Day period, Tenant may deliver a second written notice, which second written notice shall include the following language in bold, 14-point font and all caps, “ATTENTION: FAILURE BY LANDLORD TO RESPOND WITHIN THREE (3) BUSINESS DAYS OF RECEIPT OF THIS NOTICE SHALL CONSTITUTE DEEMED APPROVAL BY LANDLORD OF THE SUBJECT OF THIS NOTICE” (any state or local buildingsuch second written notice with such required language in bold, fire or safety codes14-point font and all caps, ordinances or regulationsa “Deemed Approval Reminder”), the Rules and Regulations and the CC&R’s, by if Landlord fails to respond within three (3) Business Days of Landlord’s contractor unless otherwise agreed by the parties. All receipt of such Deemed Approval Reminder, then Landlord’s approval of such Alterations shall be done deemed granted. Alterations shall be constructed in a good and workmanlike manner conforming using materials of a first class quality or otherwise as reasonably approved by Landlord, and Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Tenant shall reimburse Landlord for any reasonable third-party expenses actually incurred by Landlord in quality and design connection with the Premises existing as review of Xxxxxx’s plans for Alterations and, except for Cosmetic Alterations, shall pay to Landlord or its managing agent a fee for Landlord’s administrative oversight and coordination of any Alterations equal to 2.5% of the Commencement Datehard costs of the Alterations. Upon completion, Tenant shall furnish “as-built” plans (in CAD format, if requested by Landlord) for Alterations, customary AIA completion affidavits, full and final waivers of lien, any applicable certificate of occupancy for the space affected by such Alterations, and shall not diminish any other items required under the value Building’s construction rules and regulations for closing out the particular work in question. Landlord’s approval of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and an Alteration shall not be deemed to be a representation by Landlord that the Alteration complies with Law or will not adversely affect any Building system. If any Alteration requires any change to the Base Building, any Building system, or any Common Area, then such changes shall be made at Tenant’s Personal Propertysole cost and expense and performed, at Landlord’s election, either by Xxxxxx’s contractor or a contractor engaged by Xxxxxxxx, provided that Tenant shall not be required to pay in excess of market rates. Notwithstanding the foregoing, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Base Building (defined in Section 5); and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this LeaseSection 8.01, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant extent applicable thereto, but for purposes of clarification, shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior not be subject to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations2.5% administrative fee.
Appears in 2 contracts
Samples: Office Lease Agreement (Klaviyo, Inc.), Office Lease Agreement (Klaviyo, Inc.)
Alterations. Landlord hereby consents Except for non-structural Alterations that (i) do not exceed $25,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, roof, ceiling or walls, other than minor penetrations for wall hangings, fastenings to certain Tenant Improvementsthe floor or similar items not affecting the Building Systems, and (v) do not require work on the terms and subject to roof or within the conditions of Exhibit C. walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in, on in or about to the Premises without the prior written consent of first obtaining Landlord, and according to plans and specifications approved in writing by Landlord’s consent, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, With respect to any Alterations that do not require Landlord, at its sole option, may, however, require as a condition to the granting of any such ’s consent, that Tenant shall nonetheless provide written notice thereof to Landlord, at describing in reasonable detail the nature of the Alteration. With respect to any Alterations made by or on behalf of Tenant (where the Alteration requires Landlord’s consent): (i) not less than ten (10) days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s sole cost contractors and expensesubcontractors have adequate insurance coverage (based on reasonable industry standards) naming Landlord and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a lien good and completion bond workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in an amount equal not to one exceed $2,500 in connection with Landlord’s third party costs in connection with the review of Tenant’s plans and one-half (1½) times any specifications, and all estimated costs of any intended improvements supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, the cost of which exceeds $100,000.00, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, to insure Landlord against provided that the installation and removal of them will not affect any liability for mechanics’ and materialmen’s liens and to insure completion structural portion of the workProperty, any Building System or any other equipment or facilities serving the Building or any occupant. Except Notwithstanding anything to the contrary in this Lease, at the case expiration or termination of this Lease, Tenant shall not be required to remove the Tenant Improvements Improvements, excluding wiring and cabling which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, shall be required to remove at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in Subject to this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this LeaseSection 12, Tenant shall be solely responsible for have the maintenance and repair of any and all Alterations made by it right to install a security system in the Premises, provided that Tenant provides Landlord with the code or other access to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationssecurity system.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Neuronetics, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make (or permit to be made) any Alterations inchange, on addition or about improvement to the Premises (including, without limitation, the attachment of any fixture or equipment) (collectively, the “Alterations” and individually, an “Alteration”) unless such Alteration: (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials; (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses; (c) is made with the prior written consent of LandlordLandlord not to be unreasonably withheld, and according conditioned or delayed; (d) is made pursuant to plans and specifications approved in writing in advance by Landlord; (e) with respect to any Alterations the cost of which is expected to exceed One Hundred Thousand Dollars ($100,000.00), is made after Tenant has provided to Landlord such reasonable indemnification and/or bonds requested by Landlord, which consent and approval shall not be unreasonably withheldincluding, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expensewithout limitation, a lien performance and completion bond in an such form and amount equal as may be satisfactory to one Landlord to protect against claims and one-half (1½) times any liens for labor performed and all estimated costs of any intended improvements to the Premisesmaterials furnished, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure the completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed any Alteration; (f) is carried out by persons reasonably approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may reasonably require, with Landlord named as an additional insured; and (g) is done only at such time and in such manner as Landlord may reasonably specify. Landlord shall notify Tenant of its consent or disapproval of any such proposed Alterations within ten (10) business days after Landlord’s receipt of Tenant’s request therefor, together with all final plans and specifications for such work. Notwithstanding the partiesforegoing to the contrary, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All may make non-structural Alterations shall be installed at Tenant’s sole expense to the interior of the Premises (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations)collectively, the Rules and Regulations and the CC&R’s, by “Acceptable Changes”) without Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Dateconsent, and shall not diminish the value of the Project. All Alterations made by provided that (i) Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it delivers to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on such Acceptable Changes (the Premises “Acceptable Change Notice”) at least twenty fifteen (2015) days prior to the commencement thereof, (ii) the cost of each such Alterations to enable Landlord to post Acceptable Change does not exceed $25,000.00 per job, and record an appropriate Notice the aggregate cost of Non-responsibility all Acceptable Changes does not exceed $50,000.00 in any consecutive twelve (12) month period, (iii) such Acceptable Changes shall be performed by or on behalf of Tenant in compliance with the other provisions of this Article 11, (iv) such Acceptable Changes do not require the issuance of a building permit or other notice deemed proper before governmental approval, (v) such Acceptable Changes do not affect the commencement structural components of the Building or any mechanical, plumbing, electrical, HVAC and/or life-safety systems of the Building, (vi) such Acceptable Changes are not visible from or affect any area located outside the Premises, and (vii) such Acceptable Changes shall be performed by qualified contractors and subcontractors which normally and regularly perform similar work in the Complex or other first-class office and retail complexes in the Cottonwood sub-market of Salt Lake City, Utah (collectively, the “Comparable Buildings”). Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of any such Alterations, and shall pay to Landlord all actual, out-of-pocket costs incurred by Landlord in connection with such Alterations. Except as otherwise provided hereinbelow, all such Alterations (including all articles attached to the floor, wall or ceiling of the Premises) shall become the property of Landlord. Landlord may, at Landlord’s election, cause such Alterations to be (A) surrendered with the Premises as part thereof at the termination or expiration of the Term of this Lease, without any payment, reimbursement or compensation therefor, or (B) removed by Tenant, at Tenant’s expense, on or prior to the termination or expiration of the Term of this Lease, with all damage caused by such removal repaired by Tenant; provided, however, with respect to Alterations made or caused to be made by Tenant with Landlord’s consent, Tenant shall have no obligation to remove such Alterations unless at the time Landlord approved the final working drawings for any such Alterations (or, with respect to any Acceptable Change, no later than thirty (30) days after Landlord’s receipt of the Acceptable Change Notice applicable thereto), Landlord, by written notice to Tenant, identified those Alterations which Landlord would require Tenant to remove at the expiration or earlier termination of the Term of this Lease, in which event Tenant shall remove such identified Alterations on or before the expiration of the Term of the Lease and repair any damage resulting from such removal. Tenant shall reimburse, indemnify, defend and hold harmless Landlord from and against all costs, liens, claims, damages, losses, liabilities and expenses, including reasonable attorneys’ fees, which may arise out of, or be connected in any way with, any such Alterations. Within thirty (30) days following the imposition of any lien resulting from any such Alterations, Tenant shall cause such lien to be released of record by payment of money or posting of a proper bond.
Appears in 2 contracts
Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make alterations, repairs, additions or permit improvements or install any Alterations in, on Cable in or about to the Premises (collectively referred to as “Alterations”) without first obtaining the prior written consent of Landlord, and according to plans and specifications approved Landlord in writing by Landlordeach instance, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in , provided that (1) the case outside appearance or the strength of the Tenant Improvements which are Building shall not be affected; and (2) the subject structural parts of the Initial InstallationBuilding and the proper functioning of the Building shall not be adversely affected. However, Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, at wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the structure of the Building or require a building permit; and (d) the cost of such Alterations (or a related series of Alterations) does not exceed $25,000.00. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. All non-Cosmetic Alterations, including, without limitation, the Initial Alterations, shall be performed by a licensed General Contractor approved by Landlord in its sole optiondiscretion, mayeach charging commercially competitive rates, provided, however, require Landlord may designate specific contractors with respect to specific structural items. Prior to starting any non-Cosmetic Alterations, including, without limitation, the Initial Alterations, Tenant shall furnish Landlord, for its approval, the proposed plans and specifications; names of proposed contractors and sub-contractors; required permits and approvals; evidence of contractor’s and subcontractor’s insurance (including workers’ compensation insurance) in amounts reasonably required by Landlord and naming Landlord as a condition an additional insured; and any security for performance in amounts reasonably required by Landlord. Changes to the granting of any such consent, that Tenant provide plans and specifications must also be submitted to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the workits approval. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done constructed in a good and workmanlike manner conforming manner, in accordance with all applicable Laws and using new materials of a quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Projectreasonably approved by Landlord. All Alterations made by Tenant shall be and become the property reimburse Landlord for any sums paid by Landlord for third party examination of Landlord upon installation and shall not be deemed Tenant’s Personal Propertyplans for Alterations. Notwithstanding any other provisions of this LeaseIn addition, Tenant shall be solely responsible pay Landlord a fee for the maintenance Landlord’s oversight and repair coordination of any and all non-Cosmetic Alterations made by it equal to 10% of the Premises. Tenant shall give Landlord written notice cost of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Nonnon-responsibility or other notice deemed proper before the commencement of any such Cosmetic Alterations.
Appears in 2 contracts
Samples: Commercial Lease Agreement, Commercial Lease Agreement (Video Display Corp)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit any Alterations in, on or about have the Premises without the prior written consent of Landlord, and according right to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlordmake, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements alterations, modifications, additional installations, substitutions, improvements, renovations or betterments made at or to the Premises, to insure Landlord against or any liability for mechanics’ part thereof, from and materialmen’s liens and to insure after the completion of the work. Except Initial Construction (collectively, “ALTERATIONS”, but excluding the addition, renewal and replacement of FF&E), subject to the requirements set forth in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shallthis Section 3.2.
(i) Tenant, at its sole cost and expense, shall obtain all necessary permits and governmental inspections certificates from Governmental Authorities for the commencement and approvals required in connection with prosecution of any Alterations. All Alterations shall and final approval from Governmental Authorities and upon completion, promptly deliver copies of the same to Landlord and cause any Alterations to be installed at Tenant’s sole expense (except as expressly set forth in this Lease), performed in compliance with all applicable laws (including, but not limited to, The American With Disabilities ActLegal Requirements and requirements of Permitted Leasehold Mortgagees and insurers of the Premises, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming manner, using materials and equipment at least equal in quality and design with to the original quality of the installations at the Premises existing that are being replaced.
(ii) The Landlord (solely in its capacity as the owner of the Commencement DateSites) shall reasonably cooperate with Tenant in obtaining the permits and approvals required to be issued by Governmental Authorities in connection with construction on the Premises, including Alterations, required pursuant to the terms of this Lease and any necessary utility access agreements, shall not diminish the value of the Project. All Alterations sign any application reasonably made by Tenant which is required in order to obtain such permits and approvals and utility access agreements and shall be provide Tenant with any information and/or documentation not otherwise reasonably available to Tenant (if available to the Landlord) which is necessary to procure such permits and become approvals and utility access agreements. Tenant shall reimburse the property Landlord, within ten (10) days after the Landlord’s demand accompanied by reasonably sufficient documentation, for any reasonable out-of-pocket cost or expense incurred by the Landlord in connection with Landlord’s assistance in obtaining the permits and approvals and utility access agreements. Notwithstanding anything to the contrary contained in the foregoing sentence, for so long as an Affiliate of Landlord upon installation and owns, directly or indirectly, an equity interest in Tenant, Landlord shall not be deemed entitled to any such reimbursement from Tenant other than as provided in the Partnership Agreement.
(iii) No Alteration materially affecting the structural portions, roofs or the heating, air conditioning, elevator, plumbing, electrical, sanitary, mechanical or other service or utility systems of such Property shall be undertaken except under the supervision of a licensed architect or licensed professional engineer.
(iv) The costs of all Alterations shall be borne by Tenant.
(v) Landlord and Tenant acknowledge and agree that any Alterations shall be subject to the approval rights of the Theme Park Owner with respect to Creative Aspects (as defined in the Resort Agreement) as set forth in the Resort Agreement; provided, that to the extent there is any conflict arising out of Landlord’s Personal Property. Notwithstanding any other provisions approval rights pursuant to clause (i) or (ii) of this LeaseSection 3.2(c) and the Theme Park Owner’s approval rights pursuant to the Resort Agreement as required thereby, Tenant and Landlord acknowledge and agree that the rights of the Theme Park Owner shall be solely responsible for the maintenance govern and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationscontrol.
Appears in 2 contracts
Samples: Ground Lease, Ground Lease (Universal City Travel Partners)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms The following provisions regarding alterations shall supplement and subject be in addition to the conditions provisions of Exhibit C. Tenant the Prime Lease regarding alterations:
(i) SUBLESSEE'S ALTERATIONS. Sublessee shall not make any alterations, additions or permit any Alterations in, on other physical changes in or about the Subleased Premises, or other alterations to prepare the Subleased Premises for its use (collectively, "ALTERATIONS"), other than decorative Alterations such as painting, wall coverings and floor coverings (collectively, "DECORATIVE ALTERATIONS"), without Sublessor's (and if required by the Prime Lease, Landlord's) prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordconsent, which may be withheld in Sublessor's and/or Landlord's sole discretion. Sublessor will not unreasonably withhold its consent to Alterations so long as such Alterations (i) are non-structural and approval shall do not be unreasonably withheldaffect the building systems, conditioned or delayed. Except in (ii) are performed by contractors approved by Sublessor and/or Landlord to perform such Alterations, (iii) affect only the case Subleased Premises and are not visible from outside of the Tenant Improvements which Subleased Premises or the Building, (iv) do not affect the certificate of occupancy issued for the Building or the Subleased Premises, (v) are consistent with the subject design, construction and equipment of the Initial InstallationBuilding, Landlord, at its sole option, may, however, require as a condition to the granting of (vi) do not adversely affect any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure service furnished by Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required or Sublessor in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense the operation of the Building, (except as expressly set forth in this Lease), vii) are in compliance with all applicable laws the terms of the Prime Lease and (includingviii) are consented to by Landlord pursuant to the terms of the Prime Lease. Notwithstanding anything to the contrary herein, but not limited to, The American With Disabilities Act, all alterations by Sublessee shall be architecturally similar to the existing improvements in the building in Sublessor's reasonable judgment and all construction materials and laboratory furnishings shall be of equal or greater quality than those currently existing in the Building and any state or local building, fire or safety codes, ordinances or regulations), the Rules fume hoods and Regulations and the CC&R’s, biosafety cabinets installed by Landlord’s contractor unless otherwise agreed by the parties. All Alterations Sublessee shall be done in a good and workmanlike manner conforming in quality and design with from the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationssame manufacturer.
Appears in 2 contracts
Samples: Sublease Agreement (Amicus Therapeutics Inc), Sublease Agreement (Amicus Therapeutics Inc)
Alterations. Landlord hereby consents agrees to certain Tenant install at Landlord’s cost and expense, the improvements described in EXHIBIT C attached hereto (the “Improvements”), on all of which shall be and remain the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent property of Landlord, . Landlord shall perform such work diligently in a good and according to workmanlike manner in substantial conformance with the plans and specifications attached as EXHIBIT C (including the drawings, schedules, specifications and AutoCAD Files referenced therein) or otherwise approved by Tenant, and in accordance with all applicable governmental laws, rules, regulations and other requirements. Landlord will apply for and obtain all permits, licenses and certificates necessary for installation of the Improvement described in EXHIBIT C. All other improvements, alterations, additions, partitions, fixtures, removals and restoration to the Leased Premises (the “Tenant’s Improvements”) shall be installed at the cost and expense of Tenant (which cost shall be payable on demand as Rent to Landlord), but only if such improvements, alterations, partitions, fixtures, removals and/or restorations are: (i) approved in writing advance by LandlordLandlord in writing, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except ; (ii) made in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord; (iii) performed in accordance with and in compliance with all governmental laws, ordinances, rules and regulations; (iv) made or performed only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld); and (v) performed in a good workmanlike manner and diligently prosecuted and so as not to damage the case structure or structural qualities of the Building. Notwithstanding the foregoing, Tenant shall have the right, upon prior written notice to Landlord but without Landlord’s consent, to make any Tenant’s Improvements to the Leased Premises which are do not affect the subject structure and the mechanical, electrical, plumbing and life safety systems of the Initial InstallationBuilding and do not exceed Twenty-Five Thousand and 00/100 Dollars ($25,000.00) in aggregate in any consecutive twelve (12) month period. All Tenant’s Improvements shall be and remain the property of Tenant during the Term of this Lease, Landlord, at its sole option, mayprovided, however, require that, unless Landlord otherwise elects as a condition to the granting of any such consenthereinafter provided, that Tenant provide to Landlord, at all said Tenant’s sole cost and expenseImprovements shall, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs upon the expiration or termination of any intended improvements to this Lease, or the earlier vacation of the Leased Premises, become and be deemed to insure be the property of Landlord against any liability for mechanics’ and materialmen’s liens title thereto shall pass to Landlord under this Lease as by a xxxx of sale without further act or deed on the part of Tenant and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost Landlord’s request, promptly execute and expensedeliver such bills of sale or other documents or instruments as Landlord may deem necessary or desirable to evidence the foregoing. Notwithstanding anything to the contrary contained in the foregoing, obtain Tenant shall remove all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense Improvements (except and any wiring and cabling or similar improvements installed by Tenant as expressly set forth part of the initial Improvements or as part of the initial Tenant’s Improvements) and restore the Leased Premises to its condition prior to the installation or construction thereof by the date of expiration of this Lease or in the event of the earlier vacation of the Leased Premises or termination of this Lease), unless, at the time of Landlord’s approval, or if Landlord’s approval is not required, at the time of original installation, Landlord agreed in compliance with all applicable laws (includingwriting that such removal was not required. Tenant shall, prior to any such construction or work, provide such assurances to Landlord, including but not limited to, The American With Disabilities Actwaivers of lien, surety company performance bonds and any state or local buildingpersonal guaranties of individuals of substance, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations as Landlord shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as require to assure payment of the Commencement Datecosts thereof and to protect Landlord against any loss from any mechanics’, laborers’, materialmen’s or other liens. Tenant hereby indemnifies and shall not diminish the value of the Project. All Alterations made by Tenant shall be saves Landlord harmless from and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of against any and all Alterations made loss, liability, damage, penalty, cost, expense or fee (including, without limitation, court costs and reasonable attorneys’ fees) incurred by it or asserted against Landlord as a result of the existence or threat of any lien against the Building, Leased Premises or Property. At Landlord’s request, Tenant will notify any contractors, subcontractors and materialmen performing work on, or supplying materials for, the Leased Premises that Tenant is not acting as the agent of Landlord in connection with any such work and/or shall post signs on the Leased Premises to that effect. All risk of loss with respect to the Premises. Tenant Tenant’s Improvements during the Term hereof shall give Landlord written notice be the sole responsibility of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Connecture Inc), Lease Agreement (Connecture Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements(a) Except as otherwise set out in Section 5.1(f), on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit to be made any Alterations in, on or about the Premises without the Landlord's prior written consent consent. Reference is made to Exhibit "G" hereto, which contains the Tenant Design and Construction Standards applicable to the Building, which is incorporated by reference in this Lease. Landlord reserves the right to make reasonable changes and additions thereto.
(1) Prior to making any such Alterations, Tenant shall (i) submit to Landlord two (2) sets of Landlord, and according to detailed plans and specifications approved in writing by (including layout, architectural, electrical, mechanical and structural drawings) that comply with all Requirements for each proposed Alteration, and Tenant shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, (ii) at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and 's expense, obtain all necessary permits permits, approvals and governmental inspections certificates required by any Governmental Authorities, and approvals required (iii) furnish to Landlord duplicate original policies or certificates thereof of worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors, in connection with such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents, any Lessor and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the "as built" plans and specifications for such Alterations. All Alterations shall be installed made and performed in accordance with the plans and specifications therefor as approved by Landlord, all Requirements, Restrictive Covenants, and the Rules and Regulations. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage, title retention or security agreement. In addition, any such Alteration for which the cost of labor and materials (as estimated by Landlord's architect, engineer or contractor) is in excess of Seventy-Five Thousand Dollars ($75,000.00), either individually or in the aggregate with any other Alteration constructed in any twelve (12) month period, shall be performed only under the supervision of a licensed architect satisfactory to Landlord.
(2) Landlord reserves the right to disapprove any plans and specifications in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information; provided, however, that Landlord shall be reasonable in its exercise of these rights. Additionally, Landlord shall be deemed to have approved Tenant's plans and specifications if Landlord fails to respond to Tenant's plans and specifications within fifteen (15) days of Landlord's receipt thereof. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Requirements, Restrictive Covenants or otherwise.
(c) Alterations shall be performed at Tenant’s sole 's expense and at such times and in such manner as Landlord may from time to time reasonably designate, unless, at the time of the Alterations, Tenant is the only occupant of the Building and Building No. 2, in which event, Tenant may control the times and manner (except but always in accordance with all Requirements) to perform the Alterations. All Alterations shall become a part of the Building and shall be Landlord's property from and after the installation thereof and may not be removed or changed without Landlord's consent. Notwithstanding the foregoing, however, Landlord, upon notice given at least sixty (60) days prior to the Expiration Date or upon such shorter notice as expressly set forth is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any specified Alterations (other than those comprising part of Building Standard Condition) and to repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. All Tenant's Property shall remain the property of Tenant and, unless Landlord and Tenant shall agree otherwise, on or before the Expiration Date shall, at Tenant's cost, be removed from the Premises by Tenant, and Tenant shall repair and restore in a good and workmanlike manner to Building Standard Condition (reasonable wear and tear excepted) any damage to the Premises or the Building caused by such removal. The provisions of this Section 5.1(c) shall survive the expiration or earlier termination of this Lease).
(1) All Alterations shall be performed, at Tenant's sole cost and expense, by contractors, subcontractors or mechanics approved by Landlord in Landlord's reasonable discretion.
(2) Notwithstanding the foregoing, with respect to any Alteration affecting any Building Systems, (i) Tenant, if required by Landlord, shall employ Landlord's or the Manager's designated contractor, and (ii) the Alteration shall, if required by Landlord, at Tenant's expense, be designed by either Landlord's or the Manager's engineer.
(1) Any mechanic's lien filed against the Premises or the Real Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be canceled or discharged by Tenant, at Tenant's expense, within twenty (20) days after such lien shall be filed, by payment or filing of the bond required by law, and Tenant shall indemnify and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(2) If Tenant shall fail to discharge such mechanic's lien within the aforesaid period, then, in compliance addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanic's lien by the lienor and to pay the amount of the judgment, if any, in favor of the lienor, with interest, costs and allowances.
(3) Any amount paid by Landlord for any of the aforesaid charges and for all applicable laws expenses of Landlord (including, but not limited to, The American With Disabilities Actattorneys' fees and disbursements) incurred in defending any such action, discharging said lien or in procuring the discharge of said lien, with interest on all such amounts at the maximum legal rate of interest then chargeable to Tenant from the date of payment, shall be repaid by Tenant within ten (10) days after written demand therefor, and any state all amounts so repayable, together with such interest, shall be considered Additional Rent.
(f) Notwithstanding anything to the contrary set forth in this Article V, Tenant, without Landlord's consent, is permitted to make Alterations to the Premises which relate only to the cosmetic appearance, nonstructural components, and/or non-load-bearing portions of the Premises (and which do not affect the structural and/or load-bearing elements of the Building or local building, fire or safety codes, ordinances or regulationsthe Building Systems), provided such Alterations do not cost, in the Rules aggregate, more than Seventy-Five Thousand Dollars ($75,000.00) during any twelve (12) month period during the Term.
Section 5.2. Tenant shall reimburse Landlord, within five (5) Business Days after demand therefor, for any reasonable out-of-pocket expense incurred by Landlord for reviewing the plans and Regulations specifications for any Alterations or inspecting the progress of completion of the same.
Section 5.3. Landlord, at Tenant's expense, and upon the CC&R’srequest of Tenant, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the provisions of the applicable Requirements shall require that Landlord join in such application) and shall otherwise cooperate with Tenant in connection therewith, provided that Landlord shall not be obligated to incur any cost or expense or liability in connection therewith.
Section 5.4. Tenant shall furnish to Landlord copies of records of all Alterations and of the cost thereof within fifteen (15) days after the completion of such Alterations.
Section 5.5. TENANT HEREBY ACCEPTS THE PREMISES "AS IS, WHERE IS," AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS OTHERWISE SET FORTH IN THIS LEASE.
Section 5.6. Tenant shall not, at any time prior to or during the Term, directly or indirectly employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if such employment would unreasonably interfere or cause any unreasonable conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Building by Landlord’s contractor unless otherwise agreed , Tenant or others, or of any other property owned by Landlord. In the partiesevent of any such unreasonable interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Building immediately.
Section 5.7. All Alterations During the course of any Alteration and any construction by Landlord, whether on the Land or on any real property adjacent to the Land, Landlord and Tenant shall be done in a good and workmanlike manner conforming in quality and design cooperate with the Premises existing as of the Commencement Dateeach other, and shall not diminish the value of the Project. All Alterations made by Tenant shall be cause their contractors and become the property of Landlord upon installation subcontractors to cooperate, so as to minimize interruption and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsinterference with each other's construction activities.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Harrahs Entertainment Inc), Lease Agreement (Harrahs Entertainment Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. (a) Tenant shall not make make, or permit to be made, any Alterations inalterations, on additions or about improvements (“Alterations”) to the Premises Premises, or any part thereof, without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld. Normal repair and maintenance work, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installationincluding painting and re-carpeting, Landlord, at its sole option, may, however, require as a condition shall not be deemed to be an Alteration to the granting of any such consent, that Tenant provide Premises. Any Alterations to Landlord, the Premises shall be at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent.
(b) All Alterations, including, but not limited to, The American With Disabilities Actheating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and any state or local buildingtubes, fire or safety codeshot water heaters, ordinances or regulations)fixed partitioning, the Rules drapery, wall covering and Regulations paneling, built-in cabinet work and the CC&R’scarpeting installations made by Tenant, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design together with the Premises existing as all property that has become an integral part of the Commencement DateBuilding, and shall not diminish the value of the Project. All Alterations made by Tenant shall at once be and become the property of Landlord upon installation Landlord, and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions trade fixtures, but are subject to removal as provided herein.
(c) Tenant shall not be required to remove the Tenant Improvements from the Premises at the expiration or sooner termination of this Lease, nor shall Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it required to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform remove any Alterations on from the Premises at least twenty the expiration or sooner termination of this Lease unless, with respect to any such Alterations, (20i) days prior Landlord notified Tenant in writing at the time of Landlord’s consent to any such Alterations that Tenant would be required to remove such Alterations from the commencement Premises at the expiration of the Term, or (ii) Tenant made such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any Premises without Landlord’s prior written consent where such Alterationsconsent is required.
Appears in 2 contracts
Samples: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)
Alterations. Landlord hereby consents 6.1 Except for those, if any, specifically provided for in Exhibit B to certain Tenant Improvementsthis Lease, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit suffer to be made any Alterations alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on on, or about to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, Landlord which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except When applying for such consent (if required) or providing such notice (if Landlord’s consent is not required as hereinafter provided), Tenant shall, if reasonably requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Notwithstanding the foregoing, Landlord’s consent shall not be required (but prior written notice from Tenant to Landlord shall be required) with respect to alterations which (i) are not structural in nature, (ii) are not visible from the case exterior of the Tenant Improvements which are the subject Building, (iii) do not affect or require modification of the Initial InstallationBuilding’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) do not have an aggregate cost of more than One Hundred Thousand Dollars ($100,000.00) in any consecutive twelve (12) month period.
6.2 If Landlord’s consent is required pursuant to Section 6.1, any such alteration, addition or improvement by Tenant shall be made by using, at Tenant’s option, either Landlord’s contractor or a contractor reasonably approved by Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, a lien Tenant shall be responsible for and completion bond in an amount equal to one and one-half (1½) times hold Landlord harmless from any and all estimated delays, damages and extra costs suffered by Landlord as a result of any intended improvements dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event, Landlord may require that Tenant pay Landlord the construction management fee charged to Landlord by Landlord’s property management company not to exceed five percent (5%) of the cost of such work plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due twenty (20) days after Landlord’s demand. Tenant shall not be obligated to pay such fees in connection with the Landlord’s Work performed pursuant to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required Work Letter attached as Exhibit B hereto or in connection with any Alterationswork performed by Tenant to prepare the Premises for its initial occupancy. All Alterations Tenant shall be installed required to remove or restore any alterations, additions or improvements performed by Tenant unless, simultaneously with any such written consent of Landlord (if required) or notice to Landlord (if Landlord’s consent is not required) of such alteration, addition or improvement, Landlord provides Tenant with a written statement that the alteration, addition or improvement being performed does not need to be removed or restored by Tenant at the end of the Term. In the event that Landlord fails to notify Tenant within ten (10) business days of Tenant’s sole expense request for Landlord’s consent (except as expressly set forth if required) or notice to Landlord (if Landlord’s consent is not required) of any alteration, addition or improvement whether such alteration, addition or improvement needs to be removed or restored at the end of the Term, then such failure shall constitute a determination by Landlord that such alteration, addition or improvement does not need to be removed or restored at the end of the Term.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in this Lease), in compliance accordance with all applicable laws (includinggovernment laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, The American With Disabilities Actnotices of non-responsibility, waivers of lien, surety company performance bonds and any state or local building, fire or safety codes, ordinances or regulations), the Rules funded construction escrows and Regulations to protect Landlord and the CC&RBuilding and appurtenant land against any loss from any mechanic’s, by Landlordmaterialmen’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good or other liens (provided, however, that such surety company performance bonds and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and funded construction escrows shall not be deemed Tenant’s Personal Property. Notwithstanding required by Landlord so long as (a) Tenant is not then in default under this Lease beyond any other provisions applicable notice and core period, (b) Landlord has not applied the Security Deposit or drawn on the letter of credit as a result of a default by Tenant under this LeaseLease beyond any applicable notice and cure period, and (c) such set of alterations, additions or improvements by Tenant shall be solely responsible for do not exceed One Hundred Thousand Dollars ($100,000.00) in the maintenance and repair of any and all Alterations made by it to the Premisesaggregate). Tenant shall give pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord written notice may, as a condition to its consent to any particular alterations or improvements which Tenant would be required to remove or restore at the end of Tenant’s intention the Term, require Tenant to perform any Alterations on deposit with Landlord the Premises at least twenty (20) days prior amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations, additions or improvements and restoring the Premises; but only to the commencement extent that the reasonably estimated costs of removal and restoration of such Alterations alteration, addition or improvement exceed seventy five percent (75%) of the Security Deposit to enable be held by Landlord to post and record an appropriate Notice at the end of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsTerm.
Appears in 2 contracts
Alterations. Landlord hereby consents to certain Except as otherwise provided in this Section, Tenant Improvementsshall make no alterations, on the terms and subject additions, fixtures or improvements ("ALTERATIONS") to the conditions of Exhibit C. Tenant shall not make Premises or permit any Alterations in, on or about the Premises Building without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole and according to plans absolute discretion. In the event that any requested Alteration would result in a change from Landlord's building standard materials and specifications approved for the Project ("STANDARD IMPROVEMENTS"), Landlord may withhold consent to such Alteration in writing by Landlordits sole and absolute discretion. In the event Landlord so consents to a change from the Standard Improvements (such change being referred to as a "NON-STANDARD IMPROVEMENT"), Tenant shall be responsible for the cost of replacing such Non-Standard Improvement with the applicable Standard Improvement ("REPLACEMENTS") which consent and approval Replacements shall be completed prior to the Expiration Date or earlier termination of this Lease. Landlord shall not unreasonably withhold its consent to any Alterations which cost less than One Dollar ($1.00) per square foot of the improved portions of the Premises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be unreasonably withheldvisible from adjoining sites), conditioned or delayed. Except (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises or any change to any structural or mechanical systems of the Premises, or (iv) fail to comply with any applicable governmental requirements or require any governmental permit as a prerequisite to the construction thereof, or (v) result in the case Premises requiring building services beyond the level normally provided to other tenants, or (vi) interfere in any manner with the proper functioning of, or Landlord's access to, any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (vii) diminish the value of the Tenant Improvements which are Premises including, without limitation, using lesser quality materials than those existing in the subject of the Initial InstallationPremises, Landlord, at its sole option, may, however, require as a or (viii) alter or replace Standard Improvements. Landlord may impose any condition to the granting of any such its consent, including but not limited to a requirement that Tenant provide to Landlord, at Tenant’s sole cost the installation and/or removal of all Alterations and expense, Replacements be covered by a lien and completion bond satisfactory to Landlord in an its sole and absolute discretion and requirements as to the manner and time of performance of such work. Landlord shall in all events, whether or not Landlord's consent is required, have the right to approve the contractor performing the installation and removal of Alterations and Replacements and Tenant shall not permit any contractor not approved by Landlord to perform any work on the Premises or on the Building. Tenant shall obtain all required permits for the installation and removal of Alterations and Replacements and shall perform the installation and removal of Alterations and Replacements in compliance with all applicable laws, regulations and ordinances, including without limitation the Americans with Disabilities Act, all covenants, conditions and restrictions affecting the Project, and the Rules and Regulations as described in Article XVII Tenant understands and agrees that Landlord shall be entitled to a supervision fee in the amount equal of five percent (5%) of the cost of the Alterations. Under no circumstances shall Tenant make any Alterations or Replacements which incorporate any Hazardous Materials, including without limitation asbestos-containing construction materials into the Premises, the Building or the Common Area. If any governmental entity requires, as a condition to one any proposed Alterations by Tenant, that improvements be made to the Common Areas, and one-half (1½) times any and all estimated costs of any intended if Landlord consents to such improvements to the Common Areas (which consent may be withheld in the sole and absolute discretion of Landlord), then Tenant shall, at Tenant's sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors, architects and engineers as Landlord may require in its sole and absolute discretion. Any request for Landlord's consent to any proposed Alterations shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant's architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the work proposed by Tenant and consented to by Landlord modify the basic floor plan of the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, then Tenant shall, at its sole cost and expense, obtain furnish Landlord with as-built drawings and CAD disks compatible with Landlord's systems and standards. Unless Landlord otherwise agrees in writing, all necessary permits Alterations made or affixed to the Premises, the Building or to the Common Area (excluding moveable trade fixtures and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense furniture), including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as expressly set forth otherwise provided in this Leasethe Work Letter), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions surrendered with the Premises at the end of the Term; except that Landlord may, by notice to Tenant given either prior to or following the expiration or termination of this Lease, require Tenant shall be solely responsible for to remove by the maintenance Expiration Date, or sooner termination date of this Lease, or within ten (10) days following notice to Tenant mat such removal is required if notice is given following the Expiration Date of sooner termination, all or any of the Alterations installed either by Tenant or by Landlord at Tenant's request, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), and to repair of any and all Alterations made by it damage to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on , the Building or the Common Area arising from that removal and restore the Premises at least twenty (20) days to their condition prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any making such Alterations.
Appears in 1 contract
Alterations. Landlord hereby consents to certain Section 12.01. Tenant Improvementsmay not, on at any time during the terms and subject Term, without Landlord's prior written consent, make any alterations to the conditions Premises which in Landlord's good faith judgment may (i) adversely affect the structure or the safety of Exhibit C. the Building, (ii) adversely affect the electrical, HVAC, plumbing or mechanical systems or the functioning thereof, (iii) be seen from the exterior of the Building or from any of the common or public areas thereof or (iv) fall to comply with applicable Legal Requirements. Landlord agrees not to unreasonably withhold its consent to any proposed alteration which requires Landlord's consent solely by reason of clause (iii) in the preceding sentence. If Tenant desires to make any alterations in or to the Premises, Tenant shall, prior to beginning any such work, deliver to Landlord all plans or drawings and specifications therefor. whether or not Landlord's approval is required for such alterations. If specifications therefor, whether or not Landlord approval is required pursuant to the first sentence of this Section 12.01, Tenant shall not make pay to Landlord the charge reasonably and actually incurred by Landlord in having third-party consultants (e.g., engineers or permit any Alterations inarchitects) review and approve such plans and specifications. Tenant may proceed to the construction of the alterations provided that (i) Tenant has received Landlord's approval thereof, on or about if required pursuant to the Premises without the prior written consent first sentence of Landlordthis Section 12.01, and according to (ii) the alterations are in strict compliance with the plans and specifications submitted to Landlord and with the provisions of this Article 12. Tenant shall procure at its own expense such governmental approvals and permits as may be required for such alterations. At Tenant's expense, Landlord shall join in submitting Tenant's plans for any necessary governmental approval, if required by applicable law. All alterations shall be made at Tenant's expense by contractors which have been approved in writing by Landlord, Landlord (which consent and approval shall not be unreasonably delayed or withheld). All such construction, conditioned alterations, and maintenance work done by, or delayed. Except for, Tenant shall (A) be performed in a such manner as to maintain harmonious labor relations, (B) not alter the case exterior appearance of the Tenant Improvements which are Building or the subject common and public areas thereof, (C) not affect the structure or the safety of the Initial InstallationBuilding, Landlord(D) comply with all building, at its sole optionsafety, mayfire, howeverplumbing, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installationelectrical, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits other codes and governmental inspections and approvals required in connection with any Alterations. All Alterations shall insurance requirements, (E) be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, completed promptly and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Datemanner, and shall not diminish (F) be performed in compliance with Article 13 hereof.
Section 12.02. After the value completion of any alterations to the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this LeasePremises, Tenant shall be solely responsible deliver to Landlord either (i) a certificate signed by Tenant stating that such alterations have been completed in accordance with the plans and specifications previously delivered to Landlord or (ii) a copy of "as-built" plans and specifications with respect to such alterations.
Section 12.03. No alterations, leasehold improvements, and other physical additions made or installed by or for the maintenance and repair of any and all Alterations made by it Tenant in or to the Premises. Tenant Premises shall give Landlord written notice of Tenant’s intention to perform any Alterations on be removed during the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsTerm except in accordance with Section 20.02.
Appears in 1 contract
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make any alterations, improvements, additions, installations, or permit changes of any nature in or to the Premises (any of the preceding, "Alterations") unless either (A) such Alterations do not exceed $25,000 per work of improvement (and $100,000 in the aggregate during the Term), and do not affect the Building structure or mechanical systems ("Permitted Alterations"), or (B) (i) Tenant first obtains Landlord's written consent, (ii) Tenant complies with all conditions which may be reasonably imposed by Landlord, including but not limited to Landlord's selection of construction techniques (provided, however, Tenant shall have the right to use a contractor of Tenant's selection, subject to Landlord's prior written approval, which approval will not unreasonably be withheld), and (iii) Tenant pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in determining whether to approve any such Alterations. At least 30 days prior to making any Alterations inthat are not Permitted Alterations, on or about the Premises without the prior written consent of Tenant shall submit to Landlord, in written form, proposed detailed plans of such Alterations, which Landlord shall approve, or indicate changes required for Landlord's approval, within 15 days following Landlord's receipt thereof. If Landlord fails to provide such response within such 15-day period, Landlord shall be deemed to have approved such plans. Tenant shall, prior to the commencement of any Alterations that are not Permitted Alterations, at Tenant's sole cost, (i) acquire (and according deliver to plans Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant's sole cost, in a prompt and specifications approved expeditious manner), (ii) obtain and deliver to Landlord (unless this condition is waived in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except ) a letter of credit in the case amount of the Tenant Improvements which are the subject stipulated sum of the Initial Installationcost of the proposed Alterations, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, or a lien and completion bond in an amount equal to one and one-half (1½) times any and all 150 percent of the estimated costs cost of any intended improvements to the Premisesproposed Alterations, to insure Landlord against any liability for mechanics’ and materialmen’s ' liens and to insure completion of the work. Except in the case , (iii) provide Landlord with 10 days' prior written notice of the Tenant Improvements which are date the subject installation of the Initial InstallationAlterations is to commence, so that Landlord can post and record an appropriate notice of non-responsibility, and unless otherwise agreed (iv) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of Tenant's employees installing or involved with such Alterations (which insurance Tenant shall maintain in force until completion of the Alterations). All Alterations shall upon installation become the property of Landlord and shall remain on and be surrendered with the Premises on the Expiration Date or earlier termination of this Lease, except that Landlord may, at its election, require Tenant to remove any or all of the Permitted Alterations, by so notifying Tenant in writing by at least 60 days prior the partiesExpiration Date or on or before the earlier termination of this Lease, in which event, Tenant shall, at its sole cost cost, on or before the Expiration Date or within 60 days after Landlord's earlier written notice requiring removal of the Permitted Alterations, repair and expenserestore the Premises to the condition of the Premises prior to the installation of the Permitted Alterations which are to be removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanics' and materialmen's lien's resulting from or relating to any Alterations or other construction. Tenant may, obtain all necessary permits at its election, contest the correctness or validity of any such lien provided that (a) immediately on demand by Landlord, Tenant procures and governmental inspections records a lien release bond, issued by a corporation satisfactory to Landlord and approvals required authorized to issue surety bonds in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth the state in this Lease)which the Premises are located, in compliance with all applicable laws (includingan amount equal to 150 percent of the amount of the claim of lien, but not limited to, The American With Disabilities Actwhich bond meets the requirements of California Civil Code Section 3143 or any successor statute, and any state or local building(b) Landlord may, fire or safety codesat its election, ordinances or regulations)require Tenant to pay Landlord's attorneys' fees and costs in participating in such an action. Notwithstanding the foregoing, the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as Tenant's removal of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and Excluded Improvements shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of Alterations subject to this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (Section 20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Neurocrine Biosciences Inc)
Alterations. Landlord hereby consents to certain Tenant Improvementsshall make no alterations, on the terms and subject additions or improvements (collectively, "ALTERATIONS") to the conditions of Exhibit C. Tenant shall not make Premises (including, without limitation, roof and wall penetrations) or permit any Alterations in, on or about the Premises part thereof without obtaining the prior written consent of Landlord in each instance; provided, however, that Landlord, and according to plans and specifications approved in writing by Landlord, which 's prior consent and approval shall not be unreasonably withheldrequired for any Alterations that are interior, conditioned cosmetic changes costing less than $25,000 in each instance that do not require issuance of a building permit ("PERMITTED ALTERATIONS"). Such consent may be granted or delayed. Except withheld in the case of the Tenant Improvements which are the subject of the Initial InstallationLandlord's reasonable discretion, Landlord, at its sole option, mayprovided, however, require that notwithstanding the foregoing, Landlord may withhold its consent in its sole and absolute discretion, to any Alteration that would cause a Design Problem (defined below). Landlord may impose as a condition to the granting of any such consent, that Tenant provide to consent such requirements as Landlord, at acting consistently with Institutional Owner Practices, may deem necessary or desirable, including, without limitation that: (a) Landlord shall be furnished with working drawings for Landlord's approval before work commences; (b) Landlord shall reasonably approve the contractor by whom the work is to be performed; (d) Tenant or Tenant’s sole cost 's contractor shall obtain adequate course of construction and expense, a lien general liability insurance shall be in place and completion bond in naming Landlord as an amount equal to one additional insured under the contractor's liability and one-half property insurance policies; (1½e) times any and all estimated costs of any intended improvements Tenant shall comply with Landlord's instructions relating to the Premises, manner in which the work is to insure be performed. Tenant shall reimburse Landlord against for all out-of-pocket costs and expenses incurred by Landlord for any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals architectural or engineering services reasonably required in connection with any Alterations (including, without limitation, Landlord's review of the plans, specifications and budget for purposes of determining whether to grant consent to any proposed Alterations) and, if and to the extent reasonable (taking into account the nature of the Alterations proposed), for out-of-pocket costs incurred for third party supervision of the construction of Alterations. All Alterations shall such alterations, additions or improvements must be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done performed in a good and workmanlike and first-class manner conforming in quality compliance with all Applicable Laws and design with the Premises existing as diligently prosecuted to completion. Tenant shall deliver to Landlord, (i) prior to commencement of such work, a copy of the Commencement Datebuilding permit and/or any other required governmental approvals or consents with respect thereto, and shall not diminish the value and, (ii) immediately upon completion of the Projectwork, a certificate of occupancy, if applicable. All Alterations made Should Tenant make any alterations without Landlord's prior written consent, or without satisfaction of any of the conditions established by Tenant Landlord in conjunction with granting such consent, Landlord shall be have the right, in addition to and become the property without limitation of any right or remedy Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of may have under this Lease, at law or in equity, to require Tenant to remove all or some of the alterations, additions or improvements at Tenant's sole cost and restore the Premises to the same condition as existed prior to undertaking, constructing or installing the alterations, additions or improvements or if Tenant shall fail to do so, Landlord may cause such removal or restoration to be solely responsible for performed at Tenant's expense and the maintenance and repair of cost thereof shall be Rent to be paid by Tenant to Landlord immediately upon demand. Landlord shall have the right, by notice provided to Tenant at the time it grants its consent to any Alteration (or at any time with respect to any Permitted Alterations) to require Tenant, at Tenant's expense, to remove any and all Alterations made by it and to restore the PremisesPremises to its prior condition upon the expiration or sooner termination of this Lease. Tenant shall give notify Landlord written notice of Tenant’s intention to perform any Alterations on the Premises in writing at least twenty ten (2010) business days prior to the commencement of any such Alterations work in or about the Premises, and Landlord shall have the right at any time and from time to enable Landlord time to post and record an appropriate maintain notices of non-responsibility in or about the Premises. Upon completion of any Alterations, Tenant agrees to cause a timely Notice of Non-responsibility Completion to be recorded in the office of the Recorder of the County of Riverside in accordance with the provisions of Section 3093 of the Civil Code of the State of California or other notice any successor statute, and Tenant shall deliver to the Building management office, within thirty (30) days following completion of the Alterations, a reproducible copy of the "as built" drawings of the Alterations. For purposes of this Lease, a "DESIGN PROBLEM" shall be deemed proper before the commencement to exist if any portion of any such Alterations:
(i) adversely affects the exterior appearance of the Premises, (ii) adversely affects the Building Operating Systems, (iii) would be reasonably likely to adversely affect the structural soundness of any of the structural elements of the Building, (iv) requires Landlord to provide additional services (above and beyond those normally provided) to the Premises, (iv) could result in a higher frequency of (or more severe) injuries to persons and/or damage to property, (v) fails to comply with any Applicable Laws.
Appears in 1 contract
Samples: Lease Agreement (Emerson Radio Corp)
Alterations. Xxxxxx agrees to accept the Premises in its current “as-is” condition, and Landlord hereby consents to certain Tenant Improvements, on the terms and subject makes no representations or warranties of any kind as to the conditions suitability of Exhibit C. the Premises for any purpose whatsoever or as to the physical condition thereof (including, without limitation, the environmental condition) or otherwise, except as otherwise expressly provided in this Lease. Nothing contained herein shall obligate Landlord to make any changes or alterations in the Premises. Tenant shall not make any additions or permit any Alterations in, on or about alterations to the Premises without the Landlord’s prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordconsent, which may be withheld in Landlord’s sole discretion. In the event that Landlord shall consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the partiesalterations, Tenant shall, shall make such alterations at its sole cost and expense, obtain expense subject in all necessary cases to the following conditions:
(i) Tenant shall procure and pay for all required permits and governmental inspections authorizations of all municipal authorities and approvals required in connection with government subdivisions having jurisdiction over the Premises prior to undertaking any Alterations. All Alterations alteration;
(ii) Tenant shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and make any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done alteration promptly in a good and workmanlike manner conforming and in quality compliance with all applicable covenants, permits and design with the Premises existing as of the Commencement Dateauthorizations, building and zoning laws, and shall not diminish all other laws, ordinances, orders, rules, regulations and requirements of all municipal authorities and government subdivisions having jurisdiction over the value Premises;
(iii) prior to commencement of the Project. All Alterations made by Tenant shall be and become the property construction of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Leasealteration, Tenant shall cause to be solely responsible for furnished to Landlord from Tenant and Xxxxxx’s contractors certificates of general commercial liability and worker’s compensation insurance, naming Landlord and its designees as additional insured and otherwise reasonably satisfactory to Landlord together with proof of all required licenses. Landlord shall have the maintenance and repair of any and all Alterations made by it right to inspect the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement construction of such Alterations to enable alterations at any time, and the same shall be performed in accordance with such reasonable rules and regulations as Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsmay impose.
Appears in 1 contract
Samples: Lease Agreement
Alterations. Landlord hereby consents (a) Tenant will not make or suffer to certain be made any alterations, additions or improvements in excess of $1,000, excluding the initial Tenant Improvements, on (collectively “Alterations”) to or upon the terms and subject to the conditions of Exhibit C. Tenant shall not make Premises, Building, or permit any Alterations inpart thereof, on or about the Premises attach any fixtures or equipment thereto, without the prior first obtaining Landlord’s written consent of Landlord, and according to plans and specifications approved in writing by Landlordapproval, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in Any Alterations to or upon the case of the Premises shall be made by Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expenseexpense and any contractor selected by Tenant to make the same shall be subject to Landlord’s reasonable prior written approval. All such Alterations permanent in character, a lien and completion bond made in an amount equal to one and one-half (1½) times any and all estimated costs or upon the Premises either by Tenant or Landlord, may at the option of any intended improvements to Landlord, become Landlord’s property and, at the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion end of the workterm or any extension hereof, shall remain on the Premises without compensation to Tenant unless Landlord requests that Tenant remove any such Alterations. Except in Notwithstanding the case above, Tenant’s work stations and other items of personal property shall remain Tenant’s property.
(b) Any Alterations shall, when completed, be of such a character as not to lessen the value of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any AlterationsPremises or improvements as may be located thereon. All Any Alterations shall be installed at Tenant’s sole expense (except as expressly set forth made promptly, in this Lease)a workmanlike manner, and in compliance with all applicable laws (includingpermits, but not limited to, The American With Disabilities Actbuilding and zoning laws, and with all other laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and offices. The costs of any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with paid by Tenant, so that the Premises existing as be free of liens for services performed, labor and material supplied or claimed to have been supplied. Before any Alterations shall be commenced, Tenant shall pay any increase in premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to the Commencement Date, construction of such Alterations and shall not diminish the increased value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 1 contract
Alterations. Landlord hereby consents (a) Tenant will not make or suffer to certain be made any alterations, additions or improvements in excess of $1,000, excluding the initial Tenant Improvements, on (collectively "Alterations") to or upon the terms and subject to the conditions of Exhibit C. Tenant shall not make Premises, Building, or permit any Alterations inpart thereof, on or about the Premises attach any fixtures or equipment thereto, without the prior first obtaining Landlord's written consent of Landlord, and according to plans and specifications approved in writing by Landlordapproval, which consent and approval shall not be unreasonably withheld, conditioned withheld or delayed. Except in Any Alterations to or upon the case of the Premises shall be made by Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s 's sole cost and expenseexpense and any contractor selected by Tenant to make the same shall be subject to Landlord's reasonable prior written approval. All such Alterations permanent in character, a lien and completion bond made in an amount equal to one and one-half (1½) times any and all estimated costs or upon the Premises either by Tenant or Landlord, may at the option of any intended improvements to Landlord, become Landlord's property and, at the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion end of the workterm or any extension hereof, shall remain on the Premises without compensation to Tenant unless Landlord requests that Tenant remove any such Alterations. Except in Notwithstanding the case above, Tenant's work stations and other items of personal property shall remain Tenant's property.
(b) Any Alterations shall, when completed, be of such a character as not to lessen the value of the Tenant Improvements which are the subject of the Initial InstallationPremises or such improvements as may be located thereon, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Any Alterations shall be installed at Tenant’s sole expense (except as expressly set forth made promptly and in this Lease)a good workmanlike manner, and in compliance with all applicable laws (includingpermits, but not limited to, The American With Disabilities Actbuilding and zoning laws, and with all other laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and offices. The costs of any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All such Alterations shall be done in a good and workmanlike manner conforming in quality and design with paid by Tenant, so that the Premises existing as are free of liens, for services performed, labor and material supplied or claimed to have been supplied. Before any Alterations shall be commenced, Tenant shall pay any increase in premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to the Commencement Date, construction of such Alterations and shall not diminish the increased value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
Appears in 1 contract
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. The Tenant shall not make or permit any Alterations innot, on or about the Premises without the prior written consent approval of the Landlord, make any installations, alterations, additions, partitions, repairs or improvements in or to the Leased Premises, including, without limitation, doing anything which might affect the roof or any structural portion or portions of the Building (the "Structure") or the electrical, mechanical, lighting, heating, ventilating, air-conditioning, sprinkler, fire protection or other systems therein (the "Systems"). The Tenant's request for approval shall be in writing and according to plans accompanied by an adequate description of the contemplated work, and where appropriate, working drawings and specifications approved in writing therefor; the Landlord's costs of having its architects, engineers or others examine such drawings and specifications shall be payable by Landlordthe Tenant upon demand as Additional Rent. All such work shall be done at the Tenant's cost by competent, which consent reputable and approval duly licensed contractors/workmen. All such work shall not be unreasonably withheld, conditioned or delayed. Except in subject to inspection by and the case reasonable supervision of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost Landlord and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth performed in this Lease), in compliance accordance with all applicable laws and any reasonable conditions (including, including but not limited to, The American With Disabilities Actto a reasonable supervision fee of the Landlord to be paid by the Tenant) and regulations imposed by the Landlord, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done completed in a good and workmanlike manner conforming and with reasonable diligence in quality and design accordance with the Premises existing as approvals given by the Landlord. The Landlord may require that any work which might affect the roof or the Structure (or any part thereof) or the Systems (or any part thereof) be done, at the Landlord's option, by (i) the Landlord's contractors or workmen or (ii) contractors or workmen engaged by the Tenant but first approved by the Landlord. Any connections of apparatus to the base electrical, plumbing, heating, ventilating or air-conditioning systems shall be deemed to be an alteration within the meaning of this Section. The Tenant shall, at its own cost and before commencement of any work, obtain all necessary building or other permits and keep same in force. The Tenant shall not be required by the foregoing provisions of this Section to obtain the prior written consent of the Commencement DateLandlord for minor, non-structural alterations and shall installations (collectively the "Work") by the Tenant to the Building if all of the following conditions apply:
(a) the Work does not diminish cost more than $20,000.00 in total to complete;
(b) the Work does not require a building permit, work permit or other permit from any governmental authority;
(c) the Work does not affect the roof, the Structure or the Systems, or any part thereof; and
(d) the Work does not result in a diminution in the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such AlterationsBuilding.
Appears in 1 contract
Samples: Lease (Hydrogenics Corp)
Alterations. Landlord hereby consents 6.1 Except for those, if any, specifically provided for in Exhibit B to certain Tenant Improvementsthis Lease, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit suffer to be made any Alterations inalterations, on additions, or about the Premises without the prior written consent of Landlordimprovements, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Actthe attachment of any fixtures or equipment in, on, or to the Premises or any part thereof, without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed). When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Lxxxxxxx’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, and (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems.
6.2 In the event Landlord consents to the making of any state such alteration, addition or local building, fire or safety codes, ordinances or regulations)improvement by Tenant, the Rules and Regulations and the CC&R’s, same shall be made by using either Landlord’s contractor unless otherwise agreed or a contractor reasonably approved by Landlord, in either event at Txxxxx’s sole cost and expense. In any event Landlord may charge Tenant a construction management fee not to exceed three percent (3%) of the parties. All Alterations shall be done cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually and reasonably incurred by Landlord in a good and workmanlike manner conforming in quality and design connection with the Premises existing as of proposed work and the Commencement Datedesign thereof, and shall not diminish the value of the Project. with all such amounts being due thirty (30) days after Lxxxxxxx’s demand.
6.3 All Alterations made alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and become regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the property additional insurance required under Article 11 in such case, and also, if reasonably required by Landlord, shall provide notices of non-responsibility and lien waivers as reasonably necessary to protect Landlord and the Building and the land upon installation and shall not be deemed Tenantwhich the Building is located against any loss from any mechanic’s, materialmen’s Personal Property. Notwithstanding any or other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premisesliens. Tenant shall give pay in addition to any sums due pursuant to Article 4 any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord written notice may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of Tenant’s intention to perform any Alterations on removing such alterations or improvements and restoring the Premises at least twenty (20) days prior Premises, to the commencement of such extent required under Section 26.2 with respect to those Alterations that Landlord will require Tenant to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsremove.
Appears in 1 contract
Samples: Lease Agreement (Adams Golf Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. 15.1 The Tenant shall not make any external or permit any Alterations in, on or about structural alteration to the Premises Property and shall not make any opening in any structure of the Property without the prior written consent of Landlord’s consent, and according such consent:
(a) not to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld; and
(b) to be provided on the basis that the Landlord has all suitable authority to grant such consent, conditioned for example, has obtained any further consents which may be required from third parties
15.2 The Tenant shall not install any Service Media on the exterior of the Property nor alter the route of any Service Media at the Property without the consent of the Landlord such consent not to be unreasonably withheld or delayeddelayed subject to clause 8.6
15.3 The Tenant may carry out alterations and additions which are non-structural being alterations and additions required in order to accommodate Service Users under the terms of the AASC Contract subject to:
(a) re-instating in accordance with clause 16; and
(b) compliance with clauses 16 and 18
15.4 In the event that the Tenant wishes to use the Property as an HMO and in connection with an application for an HMO Licence under clause 18.5 or otherwise, the Tenant shall be entitled to make all non-structural alterations and additions to the Property without obtaining consent from the Landlord, such alterations and additions being limited to those required to comply with the relevant Local Authority’s regulations and requirements including obtaining an HMO licence if so required. Except Any structural alterations shall be in accordance with 15.1 above.
15.5 In order to facilitate the case functions of the Tenant Improvements which are the subject of Tenant shall be at liberty to fit the Initial Installation, following without further consent from the Landlord, at its sole option, may, however, require as :
(a) a condition master key system to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and facilitate access for all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case approved representatives of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense including sub-contractors
(except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in b) a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it secure key box system to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of facilitate such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.access
Appears in 1 contract
Samples: Lease Agreement
Alterations. Landlord hereby consents to certain 23.1 The Tenant Improvementscovenants that it will not make, on the terms and subject install or erect in or to the conditions of Exhibit C. Tenant shall not make Leased Premises any installations, alterations, additions or permit any Alterations in, on or about partitions without first submitting the Premises without drawings and specifications to the Landlord and obtaining the Landlord's prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordeach instance, which consent and approval shall not be unreasonably withheld. Furthermore, conditioned the Tenant must obtain the Landlord's prior written consent to any change or delayed. Except changes, in such drawings or specifications submitted as aforesaid, subject to the case payment of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition cost to the granting Landlord of having its architects approve of such changes, prior to proceeding with any work based on such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the workdrawings or specifications. Except in the case of Such work may be performed by contractors engaged by the Tenant Improvements which are for the subject initial installation of the Initial Installationleasehold improvements only but, and unless otherwise agreed in each case, under written contract, approved in writing by the parties, Tenant shallLandlord and subject to all reasonable conditions which the Landlord may impose. The Landlord may nevertheless, at its option, thereafter require that the Landlord's contractors be engaged for any mechanical, electrical work or other leasehold improvement at the Tenant's sole cost cost, together with a sum equal to fifteen percent (15%) of such costs representing the Landlord's overhead and expenseadministrative costs. Without limiting the generality of the foregoing, obtain all necessary permits and governmental inspections and approvals required any work performed by or for the Tenant shall be performed by competent workmen whose labour union affiliations are not incompatible with those of any workmen who may be employed in connection with any Alterationsthe Building by the Landlord, its contractors or sub-contractors. All Alterations such installations, alterations, additions, changes and work performed by or for the Tenant shall conform to all building by-laws and shall conform to all federal, provincial and municipal rules and regulations, if any, then in force affecting the Leased Premises, the Building and the Lands and such installations, alterations, additions, changes and work performed by or for the Tenant shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done completed in a good and workmanlike manner. The Tenant covenants that the Tenant will not suffer or permit during the term hereof any construction or other liens for work, labour services or materials ordered for or by the Tenant or for the cost of which the Tenant may be in any way obligated to attach to the Leased Premises or to the Building and that whenever and so often as any such liens shall attach or claims therefor shall be filed, the Tenant shall forthwith procure the discharge thereof by payment or by giving security or in such other manner conforming in quality as is or may be required or permitted by law, failing which the Landlord may do so (BY PAYING INTO COURT ONLY) at the Tenant's sole risk and design with expense and the Premises existing as Tenant shall forthwith pay all of the Commencement Date, Landlord's costs and shall not diminish the value expenses in connection therewith along with an administration fee equal to fifteen percent (15%) of the Project. All Alterations made by Tenant shall Landlord's costs and expenses in connection therewith.
23.2 The Landlord hereby reserves the right at any time and from time to time to make changes in, additions to, subtractions from or rearrangements of the Building (EXCLUDING THE LEASED PREMISES) including, without limitation, all improvements at any time thereon to the Common Areas and all entrances and exits thereto; to grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or parts of the Common Areas; to close all or any portion of the Common Areas to such extent as may in the opinion of the Landlord be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair necessary to prevent accrual of any and all Alterations made by it rights to any persons therein and/or to make changes or additions to the Premisespipes, conduits, utilities and other necessary building services in the Leased Premises which serve other premises and/or the Building. Tenant In addition to its other rights to relocate herein at any time or times, the Landlord shall give Landlord written notice have the right to make any changes in, additions to, deletions from or relocations of Tenant’s intention to perform any Alterations on part of the Premises at least twenty Development (20EXCLUDING THE LEASED PREMISES) days including prior to the commencement of such Alterations the Term, the Landlord may alter or relocate any part or parts of the Common Areas. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE LANDLORD SHALL NOT PREVENT ACCESS TO OR THE USE OF THE LEASED PREMISES BY TENANT AND TENANT'S EMPLOYEES AND INVITEES.
23.3 The Tenant acknowledges that portions of the Building, the Common Areas and/or the Development may be under construction during the Term, and that after the Commencement Date, the Landlord will minimize interference with the Tenant's use of AND ACCESS TO the Leased Premises. PROVIDED LANDLORD MINIMIZES INTERFERENCE WITH THE TENANT'S USE OF AND ACCESS TO THE LEASED PREMISES, the Tenant shall not have any right to enable object to or to make any claim on account of the exercise by the Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsof its rights under this Section 23, notwithstanding any change in the size of the Common Areas, the Building and/or the Development any nuisance, inconvenience or loss to, interference with or obstructions, interruption, dislocation or suspension of any utilities or the use of the Common Areas, the Building and/or the Development.
23.4 RENT AND ADDITIONAL RENT SHALL ABATE FOR THE PERIOD DURING WHICH TENANT, ACTING REASONABLY, IS UNABLE TO CARRY ON BUSINESS IN ALL OR PART (IN WHICH CASE THE ABATEMENT WILL HE ON A PRORATA BASIS) OF THE LEASED PREMISES AS A RESULT OF LANDLORD'S ALTERATIONS OR CONSTRUCTION 24. GLASS AND OVERLOADING
Appears in 1 contract
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make any alterations, additions or permit any Alterations inimprovements (collectively, on or about “Alternations”) to the Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld. Notwithstanding the foregoing, conditioned Tenant shall not be obligated to receive the written consent of Landlord for interior alterations to the Premises if said alterations do not in any way affect the Building's structure or delayed. Except Building Systems, do not exceed the total amount of Twenty-Five Thousand Dollars ($25,000) in the case aggregate in any calendar year, and Tenant is not required by applicable Law to obtain a permit to perform such alteration (collectively, “Permitted Alterations”). Landlord shall not be required to notify Tenant of whether it consents to any Alterations until it (a) bas received plans and specifications therefor which are sufficiently detailed to allow construction of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition work depicted thereon to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done performed in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Datemanner, and (b) has had a reasonable opportunity to review them, but thereafter, Landlord shall not diminish promptly respond to such request for consent. If the value alteration, addition or improvement will affect the Building's structure, or the Building Systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of the Project. All Alterations made by Tenant shall be any plans and become the property of Landlord upon installation and specifications shall not be deemed Tenant’s Personal Propertya representation that the plans or the work depicted thereon will comply with applicable Law or he adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Notwithstanding Upon completion of any other provisions of this LeaseAlterations, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the basic character of the Premises or the Building; (2) do not overload or damage the same; and (3) may be solely responsible for the maintenance and repair of any and all Alterations made by it removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all Alterations shall he Landlord's property when installed in the Premises. Notwithstanding the foregoing, upon Tenant's request, at the time Tenant seeks Landlord's consent to an Alteration, Landlord agrees to indicate in writing whether it will require such Alteration to be removed upon the expiration or earlier termination of the Lease, and Tenant shall give Landlord written notice of Tenant’s intention not be required to perform any Alterations on remove Permitted Alterations. All work performed by Tenant in the Premises at least twenty (20) days prior including that relating to the commencement installations, repair, replacement, or removal of such Alterations any item) shall be performed in accordance with Law and with Landlord's specifications and requirements, in a good and workmanlike manner, and so as not to enable Landlord to post and record an appropriate Notice of Non-responsibility damage or other notice deemed proper before alter the commencement of Building's structure or the Premises. In connection with any such Alterations, other than Permitted Alterations, Tenant shall pay to Landlord an administration fee of 2% of all costs incurred for such work. Before the end of the Term, Tenant shall have the right to remove its trade fixtures provided that Tenant, at Tenant's expense, shall be obligated to repair any damage to the Building caused by such removal (including floor damage and wall damage) and shall be obligated to remove or make flush any bolts in the floor of the Building.
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Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. (a) Tenant shall not make any alterations, additions or permit any Alterations in, on improvements to the Leased Premises (whether or about not the Premises same may be structural in nature) without the Landlord's prior written consent of Landlord, and according to plans and specifications approved in writing by Landlordconsent, which consent and approval shall not be unreasonably withheld, conditioned and all alterations, additions or delayed. Except in improvements made by either party hereto to the case Leased Premises, except movable office furniture and equipment installed at Tenant's expense, shall, at the option of the Tenant Improvements which are Landlord, be considered the subject property of Landlord and remain upon and be surrendered with the Leased Premises at the expiration of the Initial Installation, Landlord, at its sole option, mayterm hereof provided, however, require as a condition Tenant shall be obligated to the granting of any such consent, that Tenant provide remove Tenant's Improvements to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and be Removed unless otherwise agreed to by Landlord. If the Landlord so elects, the Tenant shall remove all such alterations, additions and improvements at the expiration of the term of this Lease so as to yield the Leased Premises in writing the condition required by the partiesParagraph 8 hereof, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Actany and all equipment, HVAC system(s), conduits, cables, and any state other alterations installed by or local building, fire or safety codes, ordinances or regulations), the Rules on behalf of Tenant.
(b) Subject to Landlord's review and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as approval of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease's plans, Tenant shall be solely responsible for granted, at no additional cost, the maintenance right to install, maintain, and repair replace from time to time a satellite dish/GPS receiver on the roof of the Building. Such installation is subject to Tenant obtaining, at Tenant's sole cost and expense, all necessary federal, state, and local permits and licenses, and any additional rights of easements required in connection therewith.
(c) In the event Tenant desires to make future alternations in the Leased Premises, Tenant shall provide written notice specifying such requested alterations, together with plans and all Alterations made by it to the Premisesspecifications. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of not make any such Alterationsalterations without Landlord's written consent which consent shall not be unreasonably withheld.
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Alterations. Landlord hereby consents to certain (a) Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall will not make or permit suffer to be made any Alterations inalterations, on additions or about improvements in excess of $1,000, excluding the Premises Tenant Improvements (collectively, “Alterations”), to or upon the Premises, Building, or any part thereof, or attach any fixtures or equipment thereto, without the prior first obtaining Landlord’s written consent of Landlord, and according to plans and specifications approved in writing by Landlordapproval, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except In this connection, promptly following the request of Tenant, Landlord shall review any plans and specifications for any such Alterations and, as and to the extent so approved by Landlord, cooperate with Tenant in the case construction, installation and/or completion of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition such Alterations. Subject to the granting of foregoing, any such consent, that Alterations to or upon the Premises shall be made by Tenant provide to Landlord, at Tenant’s sole cost and expenseexpense and any contractor selected by Tenant to make the same shall be subject to Landlord’s prior written approval, a lien and completion bond which shall not be unreasonably withheld, conditioned or delayed. All such Alterations permanent in an amount equal to one and one-half (1½) times any and all estimated costs character, made in or upon the Premises either by Tenant or Landlord, may at the option of any intended improvements to Landlord, become Landlord’s property and, at the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion end of the workterm or any extension hereof, shall remain on the Premises without compensation to Tenant unless Landlord requests that Tenant remove any such Alterations at the time written approval therefor is granted. Except in Notwithstanding the case foregoing, Tenant’s work stations, other items of movable furnishings, trade fixtures, furniture, and personal property shall remain Tenant’s property.
(b) Any Alterations shall, when completed, be of such a character as not to lessen the value of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any AlterationsPremises or such improvements as may be located thereon. All Any Alterations shall be installed at Tenant’s sole expense (except as expressly set forth made promptly and in this Lease)a good workmanlike manner, and in compliance with all applicable laws (includingpermits, but not limited to, The American With Disabilities Actbuilding and zoning laws, and with all other laws, ordinances, orders, rules, regulations and requirements of all federal, state and municipal governments, departments, commissions, boards and offices. The costs of any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All such Alterations shall be done in a good and workmanlike manner conforming in quality and design with paid by Tenant, so that the Premises existing as are free of liens, for services performed, labor and material supplied or claimed to have been supplied. Before any Alterations shall be commenced, Tenant, at its option, shall pay any increase in premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to the Commencement Date, construction of such Alterations and shall not diminish the increased value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterations.
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Samples: Commercial Lease (Control4 Corp)
Alterations. Landlord hereby consents 12.01 Tenant may at any time and from time to certain time, so long as Tenant Improvementsis not in default under this Lease beyond applicable notice and cure periods, on at its expense and without Landlord’s consent, make additions, alterations or improvements (including the terms construction of a separate additional building) in and subject to the conditions Premises in an amount not to exceed One Hundred Thousand Dollars ($100,000) on any one occasion in a lien free basis and with notice of Exhibit C. Tenant such action to Landlord at least thirty (30) days prior to commencing such activity (hereinafter collectively referred to as “Alterations”), provided that the fair market value of the Premises shall not make be diminished thereby. Additions, alterations or permit improvements to the Premises, including construction of a separate building, in amounts exceeding One Hundred Thousand Dollars ($100,000) on any Alterations in, on or about the Premises without the prior written consent of one occasion shall require Landlord, and according to plans and specifications approved in writing by Landlord’s consent, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Except Landlord shall have no right, except upon the request of or express prior written approval by Tenant (which approval may be witheld in the case of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord, at Tenant’s sole cost and expensediscretion), a lien and completion bond in an amount equal to one and one-half construct additions, alterations or improvements (1½) times any and all estimated costs including without limitation construction of any intended improvements additional buildings or improvements) upon the Premises. Upon expiration or earlier termination of the Term, Tenant shall not be required to remove or restore any Alterations, provided that Tenant shall be entitled to remove any Alterations if Tenant restores the Premises to its condition prior to such Alterations.
12.02 Tenant shall cause any Alterations performed by it to be performed in a good and workmanlike manner, using materials and equipment at least equal in quality and class to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion existing components of the workBuilding. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, shall obtain all necessary permits and certificates for final governmental inspections and approvals required in connection with any approval of the Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, but not limited to, The American With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, by Landlord’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for obtaining a certificate of occupancy for all Alterations, and shall observe and comply with all applicable provisions of the maintenance laws granting construction liens for persons providing goods or services for the improvement of real estate.
12.03 Tenant shall defend, indemnify and repair hold harmless Landlord against, and at Tenant’s expense, shall procure the satisfaction or discharge of record of any construction liens resulting from Alterations contracted for by Tenant within sixty (60) days after the filing thereof; or in lieu thereof, Tenant may procure (for Landlord’s benefit) a bond or other protection against any such lien or encumbrance. If and all Alterations made by it to in the event Landlord reasonably determines that any such lien if left undischarged would place Landlord’s interest in the Premises unreasonably at risk, or cause a material default under Landlord’s mortgage of the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty , then upon not less than ten (2010) days prior notice to Tenant, Landlord may itself bond off such lien and invoice the commencement cost of such Alterations bond to enable Landlord to post and record an appropriate Notice Tenant, payable as Additional Rent with the next installment of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsminimum annual rent falling due.
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Alterations. Landlord hereby consents 6.1 Except for those, if any. specifically provided for in Exhibit B to certain Tenant Improvementsthis Lease, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit suffer to be made any Alterations alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on on, or about to the Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld. When applying for such consent, conditioned or delayedTenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Except Landlord’s consent shall not be required with respect to alterations which (i) are not structural in nature, (ii) are not visible from the case exterior of the Tenant Improvements which are the subject Building, (iii) do not affect or require modification of the Initial InstallationBuilding’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question. In connection with Landlord’s consent to any such alterations, additions or improvements, at its sole optionthe time of Tenant’s request for consent, may, however, require as a condition Landlord shall indicate to Tenant whether or not Tenant will be required to remove same pursuant to Section 26.2.
6.2 In the event Landlord consents to the granting making of any such consentalteration, that Tenant provide to addition or improvement by Tenant, the same shall be made by using Landlord’s contractor, contractor previously approved by Landlord or other contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. For any alteration, addition or improvement requiring Landlord’s consent, Landlord may charge Tenant a lien and completion bond in an amount equal construction management fee not to one exceed two and one-half percent (1½2.5%) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the cost of such work to review plans, coordinate and monitor construction of such proposed work. Except , such amounts being due twenty (20) days after Landlord’s demand.
6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in the case of the Tenant Improvements which are the subject of the Initial Installationaccordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost prior to construction, provide the additional insurance required under Article 11 in such case, and expensealso all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense (except as expressly set forth in this Lease), in compliance with all applicable laws (including, including but not limited to, The American With Disabilities Actnotices of non-responsibility and waivers of lien, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations to protect Landlord and the CC&RBuilding and appurtenant land against any loss from any mechanic’s, by Landlordmaterialmen’s contractor unless otherwise agreed by the parties. All Alterations shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any or other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premisesliens. Tenant shall give Landlord written notice of Tenant’s intention pay in addition to perform any Alterations on the Premises at least twenty (20) days prior sums due pursuant to the commencement of such Alterations Article 4, any increase in real estate taxes attributable to enable Landlord to post and record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any such Alterationsalteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4.
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