Common use of Alterations Clause in Contracts

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made

Appears in 2 contracts

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

Alterations. Following the Commencement Date, Tenant Subtenant shall not make any changes, additions, alterations, additions or other improvements or additions to the Subleased Premises and Common Area by or attach on behalf of Subtenant (but not including Subtenant’s moveable trade fixtures or affix any articles thereto moveable items of personal property) (“Alterations”) without LandlordSublandlord’s prior written consent, which shall not be unreasonably withheld, conditioned withheld or delayed. All alterations, improvements, and additions the approval of Master Landlord if required by the terms of the Master Lease. At the time Subtenant requests approval from Sublandlord or Master Landlord, Subtenant must obtain the prior written approval of Master Landlord and Subtenant to any contractors and vendors performing work in the Premises Subleased Premises. Subtenant acknowledges that Master Landlord has a pre-approved list of contractors and vendors from which Subtenant must select its contractor and vendors. Sublandlord shall consent or object to any proposed Alterations within three business days after receipt of all materials required by this Sublease and the Master Lease. If Sublandlord does not consent or object to Subtenant’s proposed Alterations within the three business day period provided above, Sublandlord’s consent will be deemed given. Sublandlord may withhold its approval of any proposed Alterations if Subtenant is in default of any of its obligations under this Sublease at the time Subtenant requests Sublandlord’s approval; provided, however, if Subtenant cures the default within the applicable notice and cure periods set forth in this Sublease, Sublandlord shall reconsider Subtenant’s request for approval. Any Alterations to which Sublandlord and Master Landlord (other than the Laboratory Premisesif required) consent must be constructed and Common Area (as permitted by Landlord installed in accordance with this Paragraph(i) all requirements contained in the Master Lease, and (ii) any reasonable requirements imposed by Sublandlord to protect Sublandlord’s interest in the Master Lease and/or in the Subleased Premises. All such alterations, additions and improvements consented to by Sublandlord and Master Landlord (if required) will be made using new, first class materials and in a good and workmanlike manner. Subtenant shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approveobligated to diligently pursue the completion of all Alterations to the Subleased Premises. Any work approved by Landlord hereunder affecting the Laboratory Premises that has not been completed in a timely manner may be performedcompleted by Sublandlord or Master Landlord, at Tenant’s option, the expense of Subtenant. Such expense will be collectible as Additional Rent and will be paid by Tenant or Subtenant within 10 days after delivery of a statement for such expense. At its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense, Subtenant shall coordinate all work with a project manager approved by Sublandlord (and Master Landlord, if required), and Sublandlord shall have the right to review all progress in connection with such work. Any mechanics Sublandlord hereby approves ▇▇▇▇▇ ▇▇▇▇ LaSalle as Subtenant’s project manager. Subtenant shall be solely responsible for any and all expenses additional costs charged by Master Landlord (whether billed directly to Sublandlord or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building Subtenant) arising out of the approval or installation of the Alterations pursuant to the Master Lease, including without limitation legal expenses, architectural and engineering expenses. Where possible, Subtenant shall coordinate payment of all additional costs directly with Master Landlord. Subtenant will indemnify and hold Sublandlord, Master Landlord, the Subleased Premises, the Premises, and the Building free, clear and harmless of and from all mechanics’ liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work done for, or materials furnished to by or on behalf of TenantSubtenant. Prior to the commencement of any work (including, its contractors but not limited to, any maintenance, repairs, alterations, additions, improvements or subcontractors installations) in or to the Subleased Premises, by or for Subtenant, Subtenant will give Sublandlord written notice of the proposed work and the names and addresses of persons supplying labor and materials for the proposed work. Sublandlord and/or Master Landlord will have the right to post notices of non-responsibility or similar written notices on the Subleased Premises and the Premises in order to protect the same against any such liens. Upon termination of this Sublease, any Alterations to the Subleased Premises shall be dischargedremain in the Subleased Premises, bonded overand Subtenant shall not have the right to remove such Alteration, unless requested to do so in writing by Sublandlord at such time as Sublandlord’s consent is received, or otherwise satisfied by Tenant within ten days following Master Landlord to the earlier extent permitted under the Master Lease; provided, however, Sublandlord shall not require Subtenant to remove any Alterations or restore the Subleased Premises unless such restorations or removal is a requirement of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedMaster Landlord. If Tenant fails Subtenant is required to dischargeremove any improvements, bond overSubtenant shall, or otherwise satisfy any such lien, Landlord may do so at Tenant’s its sole cost and expense, restore the Subleased Premises to their condition prior to this Sublease, and restore the amount expended by Landlord, including reasonable attorneys’ fees, Subleased Premises in accordance with all terms and conditions in the Master Lease. Subtenant’s obligations under this section shall be paid by Tenant within 10 days following Tenant’s receipt survive expiration or earlier termination of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethis Sublease.

Appears in 2 contracts

Sources: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area or attach or affix any articles thereto the Business Park without Landlord’s 's prior written consent, consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, conditioned or delayedLandlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations. shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary: a. Tenant shall not be required to remove any improvement or fixture installed by Tenant in, on or about the Premises pursuant to Tenant's repair obligation under this Lease, and Tenant shall not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required. b. Tenant shall be entitled to remove Tenant's furniture, equipment, trade fixtures and additions other personal property at the expiration of the term, provided Tenant repairs all damages caused by such removal. c. Tenant shall be entitled to make alterations and utility installations in, on, under or about the Premises without consent of Landlord, so long as the cost of such alteration or utility installation does not (other than i) exceed the Laboratory Premisessum of $2,500; (ii) affect the structural or exterior portions of the Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. Tenant shall, however, provide Landlord fifteen (15) days prior advance written notice and copies of a description of the alteration along with building permit plans(s) and Common Area (as permitted by specifications to enable Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice to post any desired notices of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madenon-responsibility.

Appears in 2 contracts

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

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements no changes in or additions to the Demised Premises and Common Area or attach or affix of any articles thereto nature without Landlord’s prior written consent provided, however, that Tenant may make purely decorative changes such as painting and installation of partitions and carpeting without Landlord’s consent, which shall but upon notice to Landlord. Subject to the prior written consent of Landlord, not to be unreasonably withheldwithheld or delayed and to the provisions of this Article, conditioned or delayed. All Tenant at Tenant’s expense, may make non-structural alterations, improvementsinstallations, additions or improvements which do not affect utility services or plumbing and additions electrical lines, in or to the interior of the Demised Premises (other than the Laboratory Premises) using licensed and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or reputable contractors or mechanics first approved by Landlord, not to be unreasonably withheld or delayed. Landlord shall not charge Tenant any fee or other charge for the supervision of Tenant’s initial improvements. Tenant shall not be responsible for Landlord’s security costs, during normal business hours, during the construction of Tenant’s initial improvements or initial alterations and for Tenant’s initial move into the Building. All labor employed by Tenant shall be harmonious and compatible with the labor employed by Landlord and other tenants in the Building, it being agreed that if such labor shall be incompatible, Tenant shall forthwith on Landlord’s demand withdraw such labor from the Demised Premises. Tenant may use its own contractor(s), subject to Landlord’s prior reasonable approval thereof, for performing any work in and to or from the Demised Premises. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such ▇▇▇▇▇▇▇’▇ compensation, general liability, personal and property damage insurance as Landlord may require. As a condition to Tenant performing any work or alterations in or to the Demised Premises and prior to the commencement of any such work or alterations, Tenant shall furnish a contractor’s performance and payment bond guaranteeing lien free completion of the work or alterations and payment of obligations to its sub-contractors and suppliers. The amount, form and substance of such bond shall be reasonably acceptable to Landlord, providing for a direct right of action against the surety by a claimant, naming Landlord and its Superior Mortgagee as co-obligees, and shall be at Tenantunderwritten by a surety company authorized to do and doing business in the State of New York and with a “Best” rating of A, or better. Tenant shall not file any mechanic’s, laborer’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien, or suffer or permit any such lien for which Landlord has received a notice of intent to file or which has been be filed against the Premises and Common Area or Demised Premises, including the Building arising out or any part thereof by reason of work done forwork, labor, services, or materials furnished requested and/or supplies claimed to have been requested by or on behalf of Tenant; and if such lien shall at any time be so filed, its contractors or subcontractors within thirty (30) days after said filing Tenant shall cause said lien to be discharged, bonded over, or otherwise satisfied by Tenant within ten days following canceled and discharged of record. To the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If extent Tenant fails to dischargeremove any mechanic’s, laborer’s or materialman’s lien filed against the Demised Premises, including the Building or any part thereof within the time period set forth above, the same shall be deemed a default hereunder entitling Landlord to all rights and remedies pursuant to law and this Lease including without limitation the right to arrange to bond overor pay the amount of such claim upon which the lien is based and/or utilize the Security (as defined below) therefor and Tenant shall thereafter pay and be liable to Landlord for the amount so paid by Landlord, or otherwise satisfy any as additional rent, immediately upon demand, together with interest thereon at the highest rate permissible by law and all costs and expenses, including reasonable attorneys’ fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable by Tenant to Landlord may do so as additional rent upon demand of Landlord. The provisions of this paragraph shall survive the termination of this Lease. All fixtures and all paneling, partitions, equipment, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on Tenant’s behalf, shall be removed by Tenant on or prior to the Expiration Date. Landlord hereby requires Tenant, at Tenant’s expense, to remove all switching equipment and wiring and other equipment appurtenant thereto and the amount expended HVAC system prior to the expiration of this Lease. Notwithstanding anything contained herein to the contrary, the Improvements (as hereinafter defined) (i) are and remain the property of Landlord, (ii) shall be surrendered by Tenant together with the Demised Premises at the end of the term, in accordance with Article 24 hereof and in no event shall Tenant remove the Improvements. Upon Tenant’s removal of any furniture, fixtures, equipment and installations from the Demised Premises as aforesaid, Tenant shall immediately and at its expense, repair and restore the Demised Premises (and/or the Building, as the case may be) to the condition existing prior to installation and repair any damage to the Demised Premises or the Building due to such removal. All property to be removed by Tenant at the end of the term remaining in the Demised Premises after the Expiration Date shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or removed from the Demised Premises by Landlord, including reasonable attorneys’ feesat Tenant’s expense. Commencing on the first anniversary of the Commencement Date and continuing annually thereafter throughout the term of this Lease, Tenant shall submit to Landlord a structural inventory. Landlord shall also have the right, on an annual basis, to access the Demised Premises, subject to the provisions of Article 13 hereof, in order to review Tenant’s structural loading. Tenant has submitted all plans and specifications as Landlord shall require in connection with Tenant’s request for Landlord’s approval of the work Tenant requires to make to the Demised Premises suitable for its occupancy and use (“Initial Alteration Work”), and Landlord agrees to notify Tenant of its approval or disapproval within ten (10) business days of full execution hereof. All costs and expenses associated with the review of the Initial Alteration Work shall be paid by Tenant within 10 in accordance with the provisions of Article 43 of this lease. Subject to all applicable laws, and the provisions of this lease, Tenant may perform the Initial Alteration Work twenty four (24) hours per day, seven (7) days following per week. Tenant shall be required to use the Building’s Class E System contractor for all interfacing with the fire detection system as well as the electrical contractor for work in the Demised Premises. With respect to any proposed work, Tenant shall, submit (a) “load letter” evidencing Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeproposed floor and electrical loads and (b) final “as built” plans.

Appears in 2 contracts

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

Alterations. Following After the Commencement Date, Tenant shall not make or permit any changesAlterations in, additionson or about the Premises, alterationsexcept for nonstructural Alterations that do not impact the Building systems nor exceed One Thousand Dollars ($1,000.00) in cost, improvements or additions to without the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consentconsent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing Tenant shall not, conditioned or delayedwithout the prior written consent of Landlord, make any: (i) Alterations to the exterior of the Building; (ii) Alterations to and penetrations of the roof of the Building; and (iii) Alterations visible from outside the Premises, including the Common Area, to which Landlord may withhold Landlord’s consent on wholly aesthetic grounds. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Alterations shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be installed at Tenant’s sole expense expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and at such times workmanlike manner conforming in quality and in such manner design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be and become the property of Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may upon installation and shall not be performed, at deemed Tenant’s optionPersonal Property; provided, by however, that if Landlord informed Tenant or at the time of its contractors or mechanics (which shall approval of any Alterations that Tenant would be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent required to file or which has been filed against remove such Alterations from the Premises and Common Area at the expiration or the Building arising out sooner termination of work done forthis Lease, or materials furnished to or on behalf of Tenantthen Tenant shall, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, remove such Alterations from the Premises at the expiration or sooner termination of this Lease and restore the amount expended by LandlordPremises to their condition existing prior to the installation of such Alterations. Notwithstanding any other provision of this Lease, including reasonable attorneys’ fees, Tenant shall be paid solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant within 10 days following shall give Landlord written notice of Tenant’s receipt intention to perform work on the Premises at least twenty (20) days prior to the commencement of such work to enable Landlord to post and record a ▇▇▇▇ from Landlord. All alterations, improvements, Notice of Nonresponsibility or additions, whether temporary or permanent in character, madeother notice deemed proper before the commencement of any such work.

Appears in 2 contracts

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

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements (collectively, “Alterations”) in or additions to the Premises and Common Area or attach or affix any articles thereto Demised Premises, except pursuant to Exhibit “D”, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned delayed or delayedconditioned. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Tenant shall be done only by Landlord or utilize contractors or mechanics reasonably approved by Landlord. Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord, and shall be at Tenant agrees to carry, and to cause Tenant’s sole expense contractors and at sub-contractors to carry such times workmen’s compensation, general liability, personal and in such manner property damage insurance as Landlord may reasonably approverequire. Any work approved Upon completion of any Alterations, Tenant shall deliver to Landlord one set of “as-built” plans and specifications therefor. All fixtures and all paneling, partitions, and like Alterations (but not FF&E Work, including therein any racking or railing system installed by Landlord hereunder affecting Tenant which Tenant shall remove upon the Laboratory Premises may be performedexpiration or earlier termination of the Lease), at Tenant’s optioninstalled in the Demised Premises, either by Tenant or its contractors by Landlord on Tenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises upon the expiration or mechanics earlier termination of the Lease, unless Landlord, by notice to Tenant given no later than 20 days prior to the Expiration Date of this Lease (or within 20 days after the earlier termination hereof), elects to have them removed by Tenant, in which event, the same (except for, Tenant’s Work, Landlord’s Work, done pursuant to Exhibit D, but including other Alterations [unless at the time of Tenant’s request for approval of installation, Landlord advises Tenant in writing that such Alterations need not be removed upon expiration or earlier termination of this Lease, and, if after Tenant’s written notice to Landlord to request such determination, if Landlord does not so advise Tenant of the requirement of removal of all or any of such Alterations, Tenant shall not be required to remove such Alterations at the expiration or earlier termination of this Lease], and furniture, fixtures and equipment installed by or for Tenant, in connection with Tenant’s occupancy of the Demised Premises) shall be reasonably approved removed from the Demised Premises by Tenant. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the Demised Premises or upon removal of other installations as may be required by Landlord), Tenant shall immediately and at its expense, repair and restore the Demised Premises to the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Demised Premises or the Property due to such removal. All property that was permitted or required to be removed by Tenant at the end of the Term but which remains in the Demised Premises for 10 business days after Tenant vacates the Demised Premises shall be deemed abandoned and may, at Tenantthe election of Landlord, either be retained as Landlord’s sole cost and expense. Any mechanics property or materialman’s lien for which may be removed from the Demised Premises by Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 2 contracts

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

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s 's prior written consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. All Tenant shall perform any such alterations, improvementsadditions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the same without cost to Landlord. Subject to Section 13 below, Tenant shall repair any damage to the Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than the Laboratory Premises) Tenant's trade fixtures, modular furniture, equipment and Common Area (as permitted by Landlord in accordance with this Paragraphpersonal property) shall be done only by Landlord or contractors or mechanics approved by become Landlord, 's property and shall be remain at the Premises as of the expiration or earlier termination of the Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the contrary, all of Tenant’s sole expense 's furniture, equipment, trade fixtures, supplies and at such times personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, removed from the Premises by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madetime.

Appears in 2 contracts

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

Alterations. Following Other than the Commencement Dateconstruction of the Project, Tenant which shall not make any changesbe governed by the provisions of Article III hereof, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without LandlordBorrowers shall obtain Lender’s prior written consentconsent to any material alterations to any Improvements, which consent shall not be unreasonably withheld, conditioned or delayed. All alterationsNotwithstanding the foregoing, improvementsLender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on any Borrower’s financial condition, and additions the value of the applicable Property or the Net Operating Income, provided that such alterations (a) are made in connection with tenant improvement work performed pursuant to the Premises terms of any Lease, (b) do not materially adversely affect any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements and the aggregate cost thereof does not exceed the Alteration Threshold Amount, or (c) are performed in connection with the Restoration of a Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement. To the extent Lender’s prior written approval is required pursuant to this Section 5.1.22, Lender shall have fifteen (15) Business Days from receipt of written request and any and all reasonably required information and documentation relating thereto in which to approve or disapprove such request and such written request shall state thereon in bold letters of 14 point font or larger that action is required by Lender. If Lender fails to approve or disapprove the request within such fifteen (15) Business Days, Lender’s approval shall be deemed given. Should Lender fail to approve any such request, Lender shall give Borrowers written notice setting forth in reasonable detail the basis for such disapproval. In no event shall Lender require any “consent fee” as a condition to any required approval. If the total unpaid amounts due and payable with respect to alterations to the Improvements at any Property (other than such amounts to be paid or reimbursed by tenants under the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this ParagraphLeases) shall be done only at any time exceed the Alteration Threshold Amount, Borrowers shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrowers’ obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned to any Securities or any class thereof in connection with any Securitization, (D) a Letter of Credit, or (E) a completion and performance bond issued by Landlord or contractors or mechanics approved by Landlord, and an Approved Bank. Such security shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting an amount equal to the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier excess of the date Landlord receives total unpaid amounts with respect to alterations to the Improvements on the applicable Property (1) notice of intent other than such amounts to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid or reimbursed by Tenant within 10 days following Tenant’s receipt tenants under the Leases) over the Alteration Threshold Amount and during the continuance of a ▇▇▇▇ an Event of Default, Lender may apply such security from Landlord. All time to time at the option of Lender to pay for such alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 2 contracts

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

Alterations. Following the Commencement Date, 3. Tenant shall not make no changes in or to demised premises of any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto nature without Landlord’s Owner's prior written consent. Subject to prior written consent of Owner and to the provisions of this articles, which shall not be unreasonably withheldTenant at Tenant's expense, conditioned or delayed. All may make alterations, improvementsinstallations, additions or improvement which are nonstructural and additions which do not affect utility services or plumbing and electrical lines, in or to the Premises (other than the Laboratory Premises) and Common Area (as permitted interior of demised premises by Landlord in accordance with this Paragraph) shall be done only by Landlord or using contractors or mechanics first approved by LandlordOwner. Tenant shall, before making any alterations, installations, additions or improvement, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall be at deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant’s sole expense 's contractors and at sub-contractors to carry such times ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and in such manner property damage insurance as Landlord Owner may reasonably approverequire. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s If any mechanic's lien for which Landlord has received a notice of intent to file or which has been is filed against the Premises and Common Area demised premises, or the Building arising out building of which the same forms a part, for work claimed to have done for, or materials furnished to or on behalf of to, Tenant, its contractors whether or subcontractors not done pursuant to this article, the same shall be discharged, bonded over, or otherwise satisfied discharged by Tenant within ten days following thereafter, at Tenant's expense, bu filling the earlier bond required by law. All fixtures and all paneling, partitions, railing and installations, installed in the premises at any times, either by Tenant or by Owner in Tenant's behalf, shall, upon installations, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later then twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expirations of the date Landlord receives (1) notice lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to dischargetrade fixtures, bond overmoveables office furniture and equipment, or otherwise satisfy but upon removal of any such lienfrom the premises or upon removal of other installations as may be requires by Owner. Tenant shall immediately and at its expense, Landlord repair and restore the premises to the condition existing prior ro installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may do so be removed from the premises by Owner at Tenant’s 's expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 2 contracts

Sources: Store Lease (Learners World Inc), Store Lease (Learners World Inc)

Alterations. Following the Commencement Date, Tenant Pledgor shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlordobtain Lender’s prior written consentconsent to any alterations to any Improvements, which consent shall not be unreasonably withheldwithheld except with respect to alterations that could reasonably be expected to have a material adverse effect on Pledgor’s or Mortgage Borrower’s financial condition, conditioned the value of the related Individual Property, the Collateral or delayedthe Net Operating Income. All alterationsNotwithstanding the foregoing, improvementsLender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on Pledgor’s or Mortgage Borrower’s financial condition, and additions the value of the related Individual Property, the Collateral or the Net Operating Income, provided that such alterations are made in connection with (a) tenant improvement work performed pursuant to the Premises terms of any Lease executed in accordance with the terms hereof and the Mortgage Loan Agreement, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements, or (c) alterations performed in connection with the Restoration of the related Individual Property in accordance with the terms and provisions of this Agreement and the Mortgage Loan Agreement. If the total unpaid amounts with respect to alterations to the Improvements at the related Individual Property (other than such amounts to be paid or reimbursed by tenants under the Laboratory PremisesLeases) shall at any time exceed the Alteration Threshold for such Individual Property (the “Threshold Amount”), Pledgor shall promptly deliver or cause to be delivered to Lender as security for the payment of such amounts and Common Area as additional security for Pledgor’s obligations under the Loan Documents any of the following: (as permitted A) cash, (B) U.S. Obligations, (C) other securities having a rating reasonably acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned in connection with any Securitization, or (D) a completion bond or letter of credit issued by Landlord a financial institution having a rating by S&P of not less than A-1+ if the term of such bond or letter of credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is reasonably acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned in connection with any Securitization. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the applicable Individual Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Threshold Amount and applied from time to time at the option of Lender to pay for such alterations or to terminate any of the alterations and restore the related Individual Property to the extent necessary to prevent any material adverse effect on the value of the related Individual Property. Notwithstanding the foregoing, Pledgor shall be relieved of its obligation to deposit the security for certain alterations described above provided Mortgage Borrower is required to and does deliver such security to Mortgage Lender in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, the Mortgage Loan Documents and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has Lender received a notice of intent evidence acceptable to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier Lender of the date Landlord receives (1) notice delivery of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madesecurity.

Appears in 2 contracts

Sources: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Alterations. Following Tenant shall make no changes in or to be demised premises of any nature without Owner's prior written consent. Subject to the Commencement Dateprior written consent of Owner and to the provisions of this article, Tenant shall at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not make affect utility services or plumbing and electrical lines, in or to the interior of, the demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any changesalterations, additions, alterations, improvements installations or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, at its expense, obtain all permits, approvals and additions to the Premises certificates required by any governmental or quasi-governmental bodies and (other than the Laboratory Premisesupon completion) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, certificates of final approval thereof and shall be at deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant’s sole expense 's contractors and at sub-contractors to carry such times ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and in such manner property damage insurance as Landlord Owner may reasonably approverequire. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s If any mechanic's lien for which Landlord has received a notice of intent to file or which has been is filed against the Premises and Common Area demised premises, or the Building arising out building of which the same forms a part, for work claimed to have done for, or materials furnished to or on behalf of to, Tenant, its contractors whether or subcontractors not done pursuant to this article, the same shall be discharged, bonded over, or otherwise satisfied discharged by Tenant within ten days following thereafter, at Tenant's expense, by filing the earlier bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the date Landlord receives (1) notice lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to dischargetrade fixtures, bond overmoveable office furniture and equipment, or otherwise satisfy but upon removal of any such lienfrom the premises or upon removal of other installations as may be required by Owner, Landlord Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may do so be removed from the premises by Owner at Tenant’s 's expense, . Alterations and the amount expended additions made by Landlord, including reasonable attorneys’ fees, Tenant shall be paid owned by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madefor depreciation purposes.

Appears in 2 contracts

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

Alterations. Following 15.1 Tenant agrees that it shall not make or allow to be made any alterations, physical additions, or improvements in or to the Commencement DatePremises without first obtaining the written consent of Landlord in each instance. As used herein, the term “Minor Alteration” refers to an alteration that (a) does not affect the outside appearance of the Building and is not visible from the Common Areas, (b) is non-structural and does not impair the strength or structural integrity of the Building, and (c) does not materially or adversely affect the mechanical, electrical, HVAC or other systems of the Building. Landlord agrees not to unreasonably withhold its consent to any Minor Alteration. Landlord’s consent to any other alteration may be conditioned, given, or withheld in Landlord’s reasonable discretion. Notwithstanding the foregoing, Landlord consents to any repainting, recarpeting, or other purely cosmetic changes or upgrades to the Premises, so long as (i) the aggregate cost of such work is less than $25,000.00 in any twelve-month period, (ii) such work constitutes a Minor Alteration (iii) no building permit is required in connection therewith, and (iv) such work conforms to the then existing Building standards. At the time of said request, Tenant shall not make any changessubmit to Landlord plans and specifications of the proposed alterations, additions, or improvements; and Landlord shall have a period of not less than fifteen (15) days therefrom in which to review and approve or disapprove said plans; provided that if Landlord determines in good faith that Landlord requires a third party to assist in reviewing such plans and specifications, Landlord shall instead have a period of not less than thirty (30) days in which to review and approve or disapprove said plans. Tenant shall pay to Landlord upon demand the cost and expense of Landlord in (A) reviewing said plans and specifications, and (B) inspecting the alterations, additions, or improvements to determine whether the same are being performed in accordance with the approved plans and specifications and all laws and requirements of public authorities, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. In any instance where Landlord grants such consent, and permits Tenant to use its own contractors, laborers, materialmen, and others furnishing labor or materials for Tenant’s construction (collectively, “Tenant’s Contractors”), Landlord’s consent shall be deemed conditioned upon each of Tenant’s Contractors (1) working in harmony and not interfering with any laborer utilized by Landlord, Landlord’s contractors, laborers, or materialmen; and (2) furnishing Landlord with evidence of acceptable liability insurance, worker’s compensation coverage, and if at any time such entry by one or more persons furnishing labor or materials for Tenant’s work shall cause such disharmony or interference, the consent granted by Landlord to Tenant may be withdrawn immediately upon written notice from Landlord to Tenant. If Tenant is using Tenant’s Contractors for Tenant’s construction, the contract with such Tenant’s Contractor(s) shall provide for a guaranteed maximum price or a stipulated sum as the contract amount and shall be fully executed and delivered by Tenant and Tenant’s Contractor(s) prior to the commencement of construction. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of alterations, additions, or improvements and for final approval thereof upon completion, and shall cause any alterations, additions, or improvements to be performed in compliance therewith and with all Applicable Laws (including without limitation, California Energy Code, Title 24) and all requirements of public authorities and with all applicable requirements of insurance bodies. All alterations, additions, or improvements shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to be better than (a) the original installations of the Building, or (b) the then standards for the Comparable Building. Upon the completion of work and upon request by Landlord, Tenant shall provide Landlord copies of all waivers or releases of lien from each of Tenant’s Contractors. No alterations, modifications, or additions to the Project or the Premises and Common Area shall be removed by Tenant either during the Term or attach upon the Expiration Date or affix the Termination Date without the express written approval of Landlord. Tenant shall not be entitled to any articles reimbursement or compensation resulting from its payment of the cost of constructing all or any portion of said improvements or modifications thereto without unless otherwise expressly agreed by Landlord in writing. 15.2 Landlord’s approval of Tenant’s plans for work shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules, and regulations of governmental agencies or authorities, including, but not limited to, the Americans with Disabilities Act. Landlord may, at its option, at Tenant’s expense, require that Landlord’s contractors be engaged for any work upon the integrated Building mechanical or electrical systems or other Building or leasehold improvements. 15.3 At least five (5) days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the proposed work and the names and addresses of Tenant’s Contractors. During any such work on the Premises, Landlord, or its representatives, shall have the right to go upon and inspect the Premises at all reasonable times, and shall have the right to post and keep posted thereon building permits and notices of non-responsibility or to take any further action which Landlord may deem to be proper for the protection of Landlord’s interest in the Premises. 15.4 During such times as Tenant is performing work or having work or services performed in or to the Premises, Tenant shall require its contractors, and their subcontractors of all tiers, to obtain and maintain commercial general liability, automobile, workers compensation, employer’s liability, builder’s risk, and equipment/property insurance in such amounts and on such terms as are customarily required of such contractors and subcontractors on similar projects. The amounts and terms of all such insurance are subject to Landlord’s written consentapproval, which approval shall not be unreasonably withheld. The commercial general liability and auto insurance carried by Tenant’s contractors and their subcontractors of all tiers pursuant to this section shall name Landlord, conditioned or delayed. All alterations, improvementsLandlord’s managing agent, and additions to the Premises (such other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner persons as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent request from time to file or which has been filed against the Premises and Common Area or the Building time as additional insureds with respect to liability arising out of or related to their work done foror services (collectively, “Additional Insureds”). Such insurance shall provide primary coverage without contribution from any other insurance carried by or for the benefit of Landlord, Landlord’s managing agent, or materials furnished other Additional Insureds. Such insurance shall also waive any right of subrogation against each Additional Insured. Tenant shall obtain and submit to or on behalf Landlord, prior to the earlier of Tenant, its (i) the entry onto the Premises by such contractors or subcontractors or (ii) commencement of the work or services, certificates of insurance evidencing compliance with the requirements of this section. All of such alterations shall be discharged, bonded over, or otherwise satisfied insured by Tenant within ten days following the earlier pursuant to Article 13 of this Lease immediately upon completion thereof. 15.5 Tenant’s initial improvement of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, Premises shall be paid governed by Tenant within 10 days following Tenant’s receipt Exhibit C and not the provisions of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethis Article 15 (other than Section 15.4).

Appears in 2 contracts

Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions Any Alterations to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense, and made in compliance with all applicable Laws and all reasonable requirements requested by Landlord. Any mechanics Prior to starting work, Tenant shall furnish Landlord with: (1) plans and specifications (which shall be in CAD format if requested by Landlord); (2) either (a) the name of the general contractor Tenant plans to use or materialman’s lien (b) a statement in writing that Tenant intends to act as its own general contractor for which the Alterations and that Tenant shall compy with all requirements and obligations applicable to the general contractor pursuant to this Lease and the Work Letter; (3) a list of contractors and/or subcontractors Tenant intends to use; (4) required permits and approvals; (5) evidence of contractors and subcontractors insurance in amounts reasonably required by Landlord has received a notice of intent to file or which has been filed against and naming Landlord, the Premises and Common Area or managing agent for the Building and such other persons or entities as Landlord may reasonably request, as additional insureds; and (6) any security for payment in performance and amounts reasonably required by Landlord. If any Alteration requires the removal of asbestos, an appropriate asbestos disposal plan, identifying the proposed disposal site of all such asbestos, must be included with the plans and specifications provided to Landlord. Landlord and ▇▇▇▇▇▇ agrees to use the procedure and timing set forth in the Work Letter attached to this Lease to submit and respond to the Alterations plans and specifications in the same manner as the Tenant Improvement plans and specifications. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s contractors shall not be required so long as they are licensed and bonded in the state of California and complete all Alterations in a workmanlike manner. ▇▇▇▇▇▇▇▇’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any Alteration (a “Coordination Fee”) equal to five percent (5%) of the total costs of the Alteration, to the extent the costs of the Alteration is equal to or less than $100,000; or four percent (4%) of the costs of the Alteration to the extent that the costs of the Alteration is in excess of $100,000. In no event shall the Coordination Fee exceed more than $250,000 in any calendar year. Upon completion, Tenant shall furnish Landlord with all completion conditions described in Exhibit G. Landlord will notify Tenant at the time of Landlord’s consent to any such Alterations as to whether Landlord requires their removal at Tenant’s cost at the end of the Term. If Landlord is deemed to consent to the Alteration because it failed to timely respond to ▇▇▇▇▇▇’s reminder notice for consent to the Alterations, Tenant may, but shall not be obligated to, remove the Alterations at the expiration of the Term. All Alterations shall be made in a good and workmanlike manner, in accordance with the terms of Exhibit G and ▇▇▇▇▇▇▇▇’s then-current guideline for construction. Tenant shall maintain appropriate liability and builders’ risk insurance throughout the construction. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all claims for injury to or death of persons or damage or destruction of property arising out of work done foror relating to the performance of any Alterations, or materials furnished to Limited Improvements and Tenant Improvements performed by or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following any liens recorded against the earlier title of the date property, except to the extent such claims are caused by the gross negligence or willful misconduct of Landlord receives (1) notice of intent or Landlord Related Parties. Under no circumstances shall Landlord be required to file a lien pay, during the 60447235.v9 Term any ad valorem or (2) notice that the lien has been filed. If other Taxes on such Alterations, Limited Improvements and Tenant fails Improvements, Tenant hereby covenanting to discharge, bond over, or otherwise satisfy any pay all such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madetaxes when they become due.

Appears in 2 contracts

Sources: Lease Agreement (Astra Space, Inc.), Lease Agreement (Astra Space, Inc.)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions If Lessee desires to construct and install Alterations (“Alterations”) to the Premises during the Lease term, Lessee shall submit a space plan therefor (“Alterations Space Plan”) that includes a scope of work prepared by Lessee’s architect for Lessor’s approval in accordance with the terms of this Paragraph 10.A(1) and Common Area in accordance with the Approval Standards (defined below). Lessor shall approve or attach disapprove of the Alterations Space Plan by delivering written notice to Lessee within fifteen (15) business days of its receipt of the Alterations Space Plan, and if Lessor shall fail to approve or affix any articles thereto without Landlord’s prior written consentdisapprove of the Alterations Space Plan within such fifteen (15) business day period, Lessor shall be deemed to have approved of the Alterations Space Plan. If Lessor approves of the Alterations Space Plan (or is deemed to have approved of the Alterations Space Plan), Lessee shall prepare final construction drawings (the “Alterations Construction Drawings”) for the Alterations (if deemed necessary by Lessee and Lessor). Lessor shall have the right to object to the Alterations Construction Drawings based upon the following two (2) criteria only: (i) the scope of the Alterations has materially changed from the scope of the Alterations depicted in the Alterations Space Plan or (ii) the Alterations fail to satisfy the Approval Standards. The Alterations Construction Drawings shall be delivered to Lessor for its approval based upon the above-mentioned criteria only, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvementsLessor shall deliver its approval or disapproval to Lessee in writing within ten (10) business days following its receipt of the Alterations Construction Drawings, and additions if Lessor shall fail to approve or disapprove of the Premises Alterations Construction Drawings within such ten (other than the Laboratory Premises10) and Common Area (as permitted by Landlord in accordance with this Paragraph) business day period, Lessor shall be done only by Landlord or contractors or mechanics deemed to have approved by Landlordof the Alterations Construction Drawings. In the event Lessor shall disapprove of the Alterations Construction Drawings, Lessor shall provide Lessee with Lessor's written objections thereto in reasonable detail and Lessee shall promptly revise the Alterations Construction Drawings to address Lessor's objections. The foregoing procedure shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approverepeated until Lessor approves of (or is deemed to have approved of) the Alterations Construction Drawings. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier Upon completion of the date Landlord receives (1) notice Alterations, Lessee shall deliver to Lessor one set of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, as-built drawings for the Alterations in both hard copy and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeelectronic format.

Appears in 2 contracts

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

Alterations. Following Subsequent to the Commencement Datecompletion of any Landlord’s Work pursuant to Section 2, Tenant shall not attach any fixtures, equipment or other items to the Premises, or paint or make any other additions, changes, additions, alterations, repairs or improvements or additions (collectively hereinafter “alterations”) to the Premises and Common Area Premises, Building or attach or affix any articles thereto Property without Landlord’s prior written consent, which shall with respect to alterations to the Premises will not be unreasonably withheld, conditioned or delayeddelayed so long as Tenant is not then in default of this Lease (beyond any applicable cure period). All alterationsIf Landlord consents to any alteration, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord may post notices of nonresponsibility in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approvelaw. Any work approved by alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, except that Landlord hereunder affecting may, but subject to the Laboratory Premises may be performednext grammatical sentence, at Tenant’s option, by within thirty (30) days before the expiration or earlier termination hereof elect in writing to require Tenant to remove any or its contractors or mechanics (which shall be reasonably approved by Landlord), all alterations at Tenant’s sole cost and expense. Any mechanics At the time Tenant submits plans for requested alterations to Landlord for Landlord’s approval, Tenant may request Landlord to identify which alterations Landlord will require Tenant to remove at the termination of or materialman’s lien for which expiration of this Lease, and Landlord has received a notice shall make such identification simultaneous with its approval (if any) of intent the alterations. If Landlord elects to file or which has been filed against require removal of alterations, then at its own and sole cost Tenant shall restore the Premises to substantially the same the condition (reasonable wear and Common Area tear and damage from fire or other insured casualty excepted) existing prior to the installation of such alteration or improvement, before the last day of the term. Notwithstanding anything contained in this Lease to the contrary, Landlord’s consent shall not be required for (i) any interior decorative changes such as partitioning, carpeting, installation of shelves, painting, wallpapering, or for (ii) any non-structural alterations which do not affect the Building’s structure or the Building arising out of work done forSystems and Equipment, or materials furnished to or on behalf of Tenantprovided, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier that any of the date foregoing in either (i) or (ii) above do not require a building permit and do not cost more than $10,000.00 in any one particular instance (collectively, “Cosmetic Alterations”). Tenant shall provide Landlord receives with at least fifteen (115) days advance notice of intent any proposed Cosmetic Alterations. Except as expressly set forth to file a lien or (2) notice that the lien has been filed. If contrary above, Tenant fails shall otherwise comply with the provisions of this Section 10 with respect to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at TenantCosmetic Alterations in the same manner as if they were alterations requiring Landlord’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeconsent hereunder.

Appears in 2 contracts

Sources: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)

Alterations. Following After the Commencement Date, Tenant shall not make or permit any changesAlterations in, additionson or about the Premises without the prior written consent of Landlord, alterationswhich consent shall not be unreasonably withheld, improvements conditioned or additions delayed; provided, however, that Landlord’s consent shall not be required for any nonstructural Alterations to the interior of the Building that do not exceed Two Hundred Fifty Thousand and no/100ths Dollars ($250,000.00) in cost per year and do not affect the roof of the Building or the Building Systems, so long as Tenant provides Landlord with prior notice of any such Alterations (“Permitted Alterations”). If Tenant desires to make any Alterations to the Premises other than Permitted Alterations, Tenant shall submit the proposed plans and Common Area or attach or affix any articles thereto without specifications for such Alterations to Landlord for Landlord’s prior written consentreview and approval, which approval shall not be unreasonably withheld, conditioned or delayed. All alterationsIf Landlord fails to notify Tenant in writing of Landlord’s approval or disapproval of any Alterations shown on such plans and specifications within ten (10) business days after Landlord’s receipt of such documents from Tenant, improvements, and additions then Landlord shall be deemed to have approved such Alterations. Tenant shall complete any Alterations to the Premises (other than at Tenant’s sole expense, in compliance with all applicable Laws, including any permit requirements, by a licensed contractor, and in a good and workmanlike manner conforming in quality and design with the Laboratory Premises) Premises existing as of the Commencement Date. Landlord acknowledges that, subject to Tenant’s receipt of all necessary governmental approvals, Tenant will have the right to install a reasonable number of electric vehicle charging stations in the parking area of the Outside Areas pursuant to plans and Common Area (as permitted by Landlord specifications subject to Landlord’s approval in accordance with this Paragraph) Paragraph 12. All Alterations made by or for Tenant shall be done only by and become the property of Landlord upon the expiration or contractors or mechanics approved by Landlord, earlier termination of this Lease and shall not be at deemed Tenant’s sole expense and at such times and in such manner as Personal Property; provided, however, that Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedmay, at TenantLandlord’s option, by require Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord)to remove, at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and any or all Alterations installed by or for Tenant from the amount expended Premises at the expiration or sooner termination of this Lease. If Tenant requests that Landlord make a determination of whether Landlord will require Tenant to remove any Alterations upon the termination of this Lease, then Landlord shall notify Tenant of Landlord’s election within ten (10) business days after Tenant’s request for such determination by Landlord. If Landlord fails to notify Tenant in writing within such ten (10) day period that Landlord will require such removal, including reasonable attorneys’ feesthen Landlord shall be deemed to have elected not to require Tenant to remove such Alterations. In no event, however, shall Tenant be paid required to remove the Tenant Improvements from the Premises. 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 provision of this Lease, Tenant within 10 days following Tenant’s receipt shall be solely responsible for the maintenance and repair of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeany Alterations made by it to the Premises.

Appears in 2 contracts

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

Alterations. Following Construction by Tenant of Alterations shall be governed by the Commencement Datefollowing: A. Except as set forth below, Tenant shall not make construct any changesTenant Alterations or otherwise alter, additionsimprove, alterationsmodify, improvements or additions perform any work of improvement to the Premises and Common Area or attach or affix any articles thereto without Landlord’s 's prior written consentapproval. However, Tenant shall be entitled, without Landlord's prior approval, to make Tenant Alterations (i) which do not affect the structural or exterior parts or water tight character of the Building, and (ii) the reasonably estimated cost of which, plus the original cost of any part of the Premises removed or materially altered in connection with such Tenant Alterations, together do not exceed the Permitted Tenant Alterations Limit per work of improvement. In the event Landlord's approval for any Tenant Alterations is required, Tenant shall not construct the Tenant Alterations until Landlord has approved in writing the plans and specifications therefor. Such Tenant Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant Alterations (whether Landlord's consent is required or not) shall be constructed by a licensed contractor in accordance with all Laws (including the ADA) using new materials of good quality. B. Tenant shall not commence construction of any Tenant Alterations until (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least five days' prior written notice of its intention to commence such construction, and (iv) if requested by Landlord, Tenant has obtained contingent liability and broad form builders' risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the proposed construction not covered by insurance carried pursuant to the Lease. C. All Tenant Alterations shall remain the property of Tenant during the Lease Term but shall not be unreasonably withheldaltered or removed from the Premises except with Landlord's advance written permission. At the expiration or sooner termination of the Lease Term, conditioned or delayed. All alterations, improvementsall Tenant Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord's property, and additions Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant to remove any Tenant Alterations, Tenant shall so remove such Tenant Alterations prior to the Premises expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant Alterations with respect to which the following is true: (other than i) Tenant was required, or elected, to obtain the Laboratory Premisesapproval of Landlord to the installation of the Leasehold Improvement in question; (ii) and Common Area (as permitted by at the time Tenant requested Landlord's approval, Tenant requested of Landlord in accordance with this Paragraphwriting that Landlord inform Tenant of whether or not Landlord would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term; and (iii) shall be done only by at the time Landlord or contractors or mechanics approved by granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the Lease Term. D. Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting 's consent to the Laboratory Premises construction of Tenant Alterations may be performedwithheld in Landlord's sole discretion. Landlord's consent to construction of Tenant Alterations and Landlord's approval of plans and specifications for Tenant Alterations shall not create any responsibility or liability on Landlord's part in regard to the completeness, at Tenant’s optioncompetency, by design sufficiency, or compliance with Law of such Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area Alterations or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, plans and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madespecifications therefor.

Appears in 2 contracts

Sources: Lease (Harmonic Inc), Lease (Harmonic Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Within a reasonable time period following Landlord’s prior receipt of a written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, request by Tenant or its contractors or mechanics (which shall be reasonably approved by given the availability of Landlord)’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. Any mechanics or materialmanIn the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s lien behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for which purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord has received a notice is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of intent Landlord by the terms of this Lease, to file or which has been filed against the Premises and Common Area or extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building arising out of work done for, or materials furnished to or on behalf caused by the acts of Tenant, its Tenant Related Parties and their respective contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedand vendors. If Tenant fails to discharge, bond over, or otherwise satisfy make any such lienrepairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may do so at Tenant’s expensemake the repairs, and Tenant shall pay the amount expended by Landlordreasonable cost of the repairs, including together with a reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt administrative charge not to exceed to 10% of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethe cost of the repairs.

Appears in 2 contracts

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

Alterations. Following Except for cosmetic alterations and projects that do not exceed $50,000.00 during any calendar year of the Commencement DateTerm, that do not require a permit from the City of Irvine and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall not make any changesno alterations, additions, alterationsdecorations, or improvements or additions (collectively referred to as “Alterations”) to the Premises and Common Area or attach or affix any articles thereto without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. All alterationsdelayed as long as the proposed Alterations do not affect the structural, improvementselectrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and additions utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, provided that, for projects that do not exceed $100,000.00, Landlord shall not require Tenant to post a lien or completion bond. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 3% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect and/or engineers to review Tenant’s architectural, mechanical and electrical plans, and the reasonable cost of that review shall be reimbursed by Tenant Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures, furniture, office/telephone equipment, computers and other personal property shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 45 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements made by Tenant with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable and Landlord shall advise Tenant as to which Alteration or any portion thereof shall be deemed a Required Removable within 10 days after receipt of Tenant’s request. If Landlord fails to respond to any request for consent within the 10 day period set forth in the preceding sentence, Tenant shall have the right to provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, arising from that removal and shall be at Tenant’s sole expense restore the affected area to its pre-existing condition, reasonable wear and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madetear excepted.

Appears in 2 contracts

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

Alterations. Following the Commencement Date, Tenant shall not demolish, replace or alter the structural portions of the Building, or make any changesaddition thereto or expansion thereof, additionsor materially alter the roof or exterior of the Building, alterations, improvements or additions to without the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall consent (such consent not to be unreasonably withheld, conditioned or delayeddelayed (a “Material Alteration”). All In the event of any Material Alteration or Work (as defined below) costing more than One Hundred Thousand and No/100 Dollars ($100,000.00) in a calendar year period, Tenant shall provide Landlord with advance written notice thereof and Landlord shall have twenty (20) days from receipt of such notice to deliver notice to Tenant (a “Removal Notice”) of its election to require Tenant to, at the expiration of the Lease Term, restore the Premises to the condition existing prior to such Work or Material Alteration. If Tenant desires to undertake any such alterations which require Landlord’s consent, it shall notify Landlord in writing of the proposed alterations, improvementswhich notice shall include copies of the plans and specifications relating thereto and Landlord agrees to exercise commercially reasonable efforts to respond thereto within thirty (30) days after the date of the request. Landlord agrees to state with specificity any objections it has to the proposed plans and specifications. In all cases, and additions Tenant shall comply with the following requirements with respect any alterations, modifications or similar activities undertaken with respect to the Premises (“Work”), whether subject to the foregoing consent requirement or not: (a) All Work, when completed, shall be of such a character as not to materially reduce the value of the Premises below its value immediately before construction of such Work was commenced; (b) All Work shall be undertaken with reasonable diligence (subject to Force Majeure, as hereinafter defined) and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and the Restrictions; (c) No Work shall impair the safety or structural integrity of the Building; (d) All Work shall be completed free of liens for work, services, labor and materials supplied or claimed to have been supplied to the Premises (except as otherwise provided by law); (e) No Work shall be undertaken without obtaining the insurance required by Section 6.01 hereof; and (f) No Work shall be undertaken until Tenant shall have procured and paid for, insofar as the same may be required from time to time, all permits and authorizations of all governmental authorities for such Work. 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. At termination of this Lease, all Work that is a Material Alteration (other than the Laboratory Premises) Trade Fixtures and Common Area (as permitted by Landlord in accordance with this ParagraphPersonal Property) shall be done only by become the property of Landlord or contractors or mechanics approved by Landlord, and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease. All of the Work may at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may option be performed, at Tenant’s option, removed by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlordunless a Removal Notice was delivered to Tenant as provided above), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 2 contracts

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

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements permit alterations in or additions to the Leased Premises unless and Common Area or attach or affix any articles thereto without Landlord’s prior written consentuntil the plans have been approved by Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. All alterationsAs a condition of such approval, improvementsLandlord 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 additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by property of Landlord, and shall not be at removed by Tenant’s sole expense . Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and at such times building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in such manner as Landlord may reasonably approve. Any work approved this Lease shall be construed to constitute a consent by Landlord hereunder affecting to the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expensecreation of any lien. Any mechanics or materialman’s If any lien for which Landlord has received a notice of intent to file or which has been is filed against the Leased Premises and Common Area for work claimed to have been done for or the Building arising out of work done for, or materials material claimed to have been furnished to or on behalf of Tenant, its contractors Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or subcontractors alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien. Notwithstanding anything contained herein to the contrary, Tenant shall be dischargedhave the right, bonded overwithout Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expenseelectrical systems, and the amount expended by aggregate cost of which does not exceed Fifty Thousand Dollars ($50,000.00) per project for a total project cost not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) per year, provided that Tenant gives Landlord fifteen (15) business days prior written notice of any such alteration, along with copies of all plans and specifications relating thereto and complies with Landlord, including 's reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeand customary procedures.

Appears in 2 contracts

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

Alterations. Following the Commencement Date, Tenant Borrower shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s obtain Lender's prior written consent, which consent shall not be unreasonably withheld, conditioned withheld or delayed. All alterations, improvements, and additions to any alterations to the Premises Improvements, the cost of which is reasonably anticipated to exceed $1,000,000 (the "THRESHOLD AMOUNT") or that will have a material adverse effect on Borrower's financial condition, the use, operation or value of the Trust Property or the net operating income with respect to the Trust Property, other than (a) tenant improvement work performed pursuant to the Laboratory Premisesterms of any Lease executed on or before the date hereof, (b) tenant improvement work performed pursuant to the terms and Common Area provisions of a Lease executed after the date hereof and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (as permitted it being understood that the foregoing provision shall not require Lender's consent to Tenants' exterior signage pursuant to any Lease approved by Landlord Lender in accordance with the terms and provisions of this ParagraphDeed of Trust) or (c) alterations performed in connection with the restoration of the Trust Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Deed of Trust. If Lender fails to respond to a request for consent under this paragraph 7 within ten (10) Business Days of receipt thereof, such consent shall be done only deemed granted, provided that such request shall have been accompanied by Landlord all information requested by Lender or contractors or mechanics approved by Landlord, reasonably necessary for Lender to evaluate such request and shall have clearly stated, in 14 point type or greater, that if Lender fails to respond to such request within ten (10) Business Days, Lender's consent shall be at Tenant’s sole expense and at deemed to have been granted. If Lender refuses to grant such times and consent, Lender shall specify in writing the reasons for such manner as Landlord may reasonably approverefusal. Any work approved approval by Landlord hereunder affecting Lender of the Laboratory Premises may be performedplans, at Tenant’s option, by Tenant specifications or its contractors working drawings for alterations of the Trust Property shall not create responsibility or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or liability on behalf of TenantLender for their completeness, its contractors design, sufficiency or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedtheir compliance with applicable laws. If Tenant fails to discharge, bond over, or otherwise satisfy Lender may condition any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s approval upon receipt of a ▇▇▇▇ certificate of compliance with applicable laws from Landlord. All alterationsan independent architect, improvementsengineer, or additions, whether temporary or permanent in character, madeother person reasonably acceptable to Lender. If the total unpaid amounts due and payable with

Appears in 2 contracts

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

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area or attach or affix any articles thereto without the prior written consent of Landlord. Notwithstanding the foregoing, Tenant shall have the right to install mechanical systems that are non-structural in nature for Tenant’s operations so long as Tenant obtains Landlord’s prior written consentapproval of same and Tenant complies with all terms and conditions of this Paragraph 6. Additionally, which Tenant shall not remove such mechanical systems at the expiration or earlier termination of the Lease and restore the Premises to their original condition if Landlord informs Tenant at any time during the term of the Lease of this requirement. Any alterations, additions or improvements performed by Tenant shall be unreasonably withheld, conditioned or delayedin accordance with all of the terms and conditions of this Paragraph 6. All alterations, improvements, work to be performed by Tenant under this Paragraph 6 shall be performed in accordance with plans and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted specifications approved in advance by Landlord and in compliance with all applicable codes, rules, regulations, ordinances and laws by licensed contractors who are approved in advance by Landlord and who carry policies of workers’ compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be designated as an additional insured on such certificates. Tenant shall furnish to Landlord written evidence of security to assure Landlord that all work performed pursuant to this Paragraph shall be free and clear of all mechanic’s liens or other liens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord Entities harmless from and against any and all costs (including attorneys’ fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the work performed in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at . Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole own cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice , may erect such shelves, bins machinery and trade fixtures as it desires provided that (a) such items do not alter the basic character of intent to file or which has been filed against the Premises and Common Area or the Building arising out building and/or improvements of work done forwhich the Premises arc a part, (b) such items do not overload or materials furnished damage the same, (c) such items may be removed without injury to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expensePremises, and (d) the amount expended by construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlordspecifications and requirements. All alterations, improvements, or additions, whether temporary improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or permanent before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, installations, removals and restoration shall be performed in character, madea good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the Building and other improvements situated on the Premises or of which the Premises are a part.

Appears in 2 contracts

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

Alterations. Following the Commencement Date, 11.1 Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Demised Premises and Common Area or attach or affix any articles thereto (collectively, the "Alterations") without Landlord’s the prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by consent of Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting except for the Laboratory Premises installation of unattached, movable trade fixtures which may be performedinstalled without drilling, cuffing or otherwise defacing the Demised Premises. Tenant shall furnish complete plans and specifications to Landlord at Tenant’s optionthe time it requests Landlord's consent to any Alterations if the desired Alterations (i) will affect the Industrial Complex's mechanical, by Tenant electrical, plumbing, or its contractors life safety systems or mechanics services, or (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice ii) will affect any structural component of intent to file or which has been filed against the Demised Premises and Common Area or the Building arising out of work done forIndustrial Complex, or materials furnished to (iii) will require the filing of plans and specifications with any governmental or on behalf of Tenant, its contractors quasi-governmental agency or subcontractors shall be discharged, bonded overauthority, or otherwise satisfied (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 following after the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt rendition of a ▇▇▇▇ from 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. Tenant shall give Landlord not 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 shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant 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. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Industrial Complex in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this lease, except Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. 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 alterationsconstruction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, improvementslien-free and in compliance with all governmental requirements and Regulations, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Industrial Complex. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work, 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 construction work within the Demised Premises, Tenant shall, prior to the commencement of such work, require said general contractor to execute and deliver to Landlord a waiver and release of any and all claims against Landlord and liens against the Industrial Complex to which such contractor might at any time be entitled. The delivery of the waiver and release of 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 encumbrance upon the reversionary or other estate of Landlord, or additionsany interest of Landlord in the Demised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, whether 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 remodeling, including Tenant's tolerating temporary or permanent inconveniences (and even the temporary removal of Tenant's signs in characterorder to facilitate such remodeling, madeas it may relate to the exterior of the Demised Premises).

Appears in 2 contracts

Sources: Industrial Complex Lease (Ariba Inc), Sublease (Ariba Inc)

Alterations. Following Tenant shall be permitted to make, at its sole cost and expense, non-structural alterations and additions to the Commencement Dateinterior of the Premises without obtaining Landlord’s prior written consent provided the cost of same does not exceed Seventy-Five Thousand Dollars ($75,000.00) per project and does not exceed a total of Three Hundred Thousand Dollars ($300,000.00) in any twenty-four (24) month period (the “Permitted Improvements”). Notwithstanding Landlord’s consent may not be required, Tenant shall notify Landlord in writing at least ten (10) days in advance of such alterations or additions comprising the Permitted Improvements so that Landlord may post a Notice of Non-Responsibility on the Premises. Except for the Permitted Improvements, Tenant shall not install any signs, fixtures, improvements, nor make or permit any changes, additions, alterations, improvements other alterations or additions (collectively, with the Permitted Improvements, “Alteration(s)”), to the Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consentconsent of Landlord, which shall not be unreasonably withheld, conditioned or delayeddelayed so long as the proposed Alterations do not affect the structural or exterior portions of a Building. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as If any such Alteration is expressly permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, Tenant shall deliver at least ten (10) days’ prior notice to Landlord, from the date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility. In all events, Tenant shall obtain all permits or other governmental approvals and all Private Restriction approvals prior to commencing any of such work and deliver a copy of same to Landlord. All Alterations shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense, and shall be installed by a licensed contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the ADA), Private Restrictions and Rules and Regulations. Any mechanics or materialman’s lien for Tenant shall keep the Premises, and the property on which Landlord has received a notice of intent to file or which has been filed against the Premises are situated and Common Area or the Building Project free from any liens arising out of any work done forperformed, or materials furnished to or obligations incurred by or on behalf of Tenant. Tenant shall, its contractors or subcontractors shall be dischargedprior to construction of any and all Alterations, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expenseprovide additional insurance as reasonably required, and the amount expended by also such assurances to Landlord, including reasonable attorneys’ feeswithout limitation, shall be paid by Tenant within 10 days following Tenant’s receipt waivers of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madelien.

Appears in 1 contract

Sources: Lease Agreement (Linkedin Corp)

Alterations. Following the Commencement Date, Tenant shall not make or permit any changes, additions, alterations, decorations, additions or improvements of any kind or additions nature to the Premises and Common Area or attach the Project, whether structural or affix any articles thereto nonstructural, interior, exterior or otherwise (“Alterations”) without Landlord’s the prior written consentconsent of Landlord, which shall said consent not to be unreasonably withheld. Landlord may impose any reasonable conditions to its consent, conditioned or delayed. All alterationsincluding, improvements, without limitation: (i) delivery to Landlord of written and additions unconditional waivers of mechanic’s and materialmen’s liens as to the Project for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations; (ii) prior approval of the plans and specifications and contractors) with respect to the Alterations and any other documents and information reasonably requested by Landlord; (iii) supervision by Landlord’s representative of the Alterations; and (iv) proof of worker’s compensation insurance and commercial general liability insurance in such amounts and meeting such requirements as requested by Landlord. The Alterations shall conform to the requirements of Landlord’s and Tenant’s insurers and of the federal, state and local governments having jurisdiction over the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord shall be performed in accordance with the terms and provisions of this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times Lease and in such a good and workmanlike manner befitting a first class office building. If the Alterations are not performed as herein required, Landlord may reasonably approve. Any work approved by Landlord hereunder affecting shall have the Laboratory Premises may be performedright, at TenantLandlord’s option, by to halt any further Alterations, or to require Tenant to perform the Alterations as herein required or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against require Tenant to return the Premises to its condition before such Alterations. Subject to Section 12.4 herein, all Alterations and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additionsfixtures, whether temporary or permanent in character, mademade in or upon the Premises either by Tenant or Landlord, will immediately become Landlord’s property and, at the end of the Term will remain on the Premises without compensation to Tenant, Notwithstanding the foregoing. Tenant shall have the right, without Landlord’s consent, to perform in the Premises nonstructural Alterations, provided such Alterations (i) do not affect the Building’s mechanical, electrical, plumbing, HVAC or fire, life safety systems; (ii) such Alterations do not increase the Building assessed value for tax purposes; (iii) such Alterations do not alter the architectural integrity of the Building; (iv) such Alterations do not require a building permit; (v) such Alterations are not visible from the exterior of the Premises; (vi) the cost of such Alterations do not exceed $20,000.00 in any one Calendar Year; and (vii) Tenant has provided Landlord with prior written notice of such Alterations.

Appears in 1 contract

Sources: Commercial Office Lease (Wells Real Estate Investment Trust Ii Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises. Tenant shall furnish complete plans and Common Area 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 attach Building’s Structure; (ii) will require the filing of plans and specifications with any governmental or affix quasi-governmental agency or authority; (iii) will cost in excess of Ten Thousand Dollars ($10,000.00); or (iv) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any articles thereto without building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a ▇▇▇▇ for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense (subject to reimbursement from the Allowance pursuant to the terms of Section 3(c) above) by a contractor approved in writing by Landlord, such approval not to be unreasonably withheld. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, which Tenant shall not use any portion of the Common Areas either within or without the Project, in connection with the making of any Alterations. If the Alterations which Tenant causes to be unreasonably withheldconstructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project, conditioned or delayed. All alterationsin order to comply with any applicable Laws, improvements, then Tenant shall reimburse Landlord upon demand for all costs and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted expenses incurred by Landlord in accordance making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this ParagraphLease, unless Landlord requires the removal of such Alterations. 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 the expiration date or earlier termination of the Lease), remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults and cabling, if applicable) and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. All construction work done by Tenant within the Premises shall be done only by Landlord or contractors or mechanics approved by Landlordperformed in a good and workmanlike manner with new materials of first-class quality, lien-free and shall be at Tenant’s sole expense and at such times in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project. Tenant agrees to indemnify, defend and hold Landlord may reasonably approveharmless 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. Any work approved 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 hereunder affecting Landlord, nor Landlord’s acceptance, that the Laboratory Premises may same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be performedsolely responsible for ensuring all such compliance. All voice, at Tenant’s optiondata, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractors or mechanics (which contractor shall be reasonably approved by Landlord(A) plenum rated and/or have a composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (B) labeled every 3 meters with Tenant’s name and origination and destination points; (C) installed in accordance with all EIA/TIA standards and the National Electric Code; and (D) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may request. The routing plan shall be available to Landlord and its agents at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeupon request.

Appears in 1 contract

Sources: Industrial Lease Agreement (Parametric Sound Corp)

Alterations. Following 9.1. Tenant shall not perform any Alterations in and to the Commencement DateDemised Premises without first obtaining Landlord's consent, which consent shall not be unreasonably withheld provided that the proposed Alteration is consistent with the Permitted Use. Tenant acknowledges and agrees that it shall not be unreasonable for Landlord to condition its consent to any Tenant request to perform Alterations on Tenant and Landlord entering into an amendment to this Lease providing for an increase in the Fixed Rent and additional rent payable by Tenant hereunder. Before commencing any Alterations which have been approved by Landlord, Tenant shall, at its expense: 9.2.1. cause drawings and specifications for any Alteration if required by Legal Requirements, thereafter to be filed with and approved by all Governmental Authorities having jurisdiction; and 9.2.2. obtain all approvals and permits which may be required by all Governmental Authorities for such Alterations; and 9.2.3. deliver to Landlord copies of such plans, drawings and specifications which are filed and approved, as well as copies of all such permits and approvals. 9.2. All Alterations shall be done in a good and workmanlike manner and in compliance with Legal Requirements, Insurance Requirements and the terms of this Lease. 9.3. Throughout the Term, Tenant shall not make suffer or permit any changesliens to stand against the Demised Premises or any part thereof, additionsby reason of any work, alterationslabor, improvements services or additions materials done for, or supplied, or claimed to have been done for, or supplied to, Tenant. If any contractor's, construction, mechanic's, laborer's or materialmen's lien is filed against the Demised Premises and Common Area for work done or attach materials furnished to Tenant, Tenant shall cause such lien to be discharged at its sole expense whether by payment, release, bond, deposit, order of a court of competent jurisdiction or affix any articles thereto without Landlord’s prior written consentotherwise, which within thirty (30) days after receiving notice of the filing thereof. If Tenant shall fail to vacate or release such lien within such thirty (30) day period, Landlord may, but shall not be unreasonably withheldobligated to, conditioned vacate or delayedrelease the same, but solely by posting a bond or other security in the manner prescribed by law. All alterationsTenant may contest the validity or amount of any such lien, improvementsprovided that it shall cause such lien to be bonded such that it would be deemed discharged of record. If Landlord shall so discharge a lien which is the obligation of Tenant, and additions Tenant shall pay to Landlord all actual, out-of-pocket costs incurred by Landlord pursuant to the foregoing provisions of this Section 9.3, including Landlord's reasonable attorneys' fees and actual, out-of-pocket costs, expenses and disbursements incurred in connection therewith. Nothing contained herein shall imply any consent or agreement on the part of Landlord to subject Landlord's estate or interest in the Demised Premises (to liability under any construction, mechanic's or other than lien law, whether or not the Laboratory performance or the furnishing of such work, labor, services or materials to Tenant or anyone holding the Demised Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) , or any part thereof, through or under Tenant, shall be done only by Landlord or contractors or mechanics approved have been consented to by Landlord. 9.4. In connection with the rights granted to Tenant under this Article 9 (and Articles 5 and 8 hereof), and shall be at Landlord agrees to reasonably cooperate with Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against , including the Premises execution and Common Area or the Building arising out of work done fordelivery, or materials furnished to or on behalf upon request of Tenant, its contractors of such instrument or subcontractors shall be dischargedinstruments, bonded overapplications, agreements, or otherwise satisfied other consents for performing any work permitted by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond overthis Lease, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent other thing required in character, madeconnection therewith.

Appears in 1 contract

Sources: Lease (Terra Tech Corp.)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations to the Premises and Common Area or attach or affix any articles thereto the Business Park without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant may make non-structural alterations costing less than $15,000 per event without Landlord’s consent. Regardless of whether Landlord’s consent for alteration is required, conditioned or delayedTenant must provide Landlord at least fifteen (15) business days prior to the commencement of any alteration with a complete description of each such alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All alterationsalterations made by Tenant, improvements, and additions whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (other than 30) days before or thirty (30) days after expiration of the Laboratory Term, elect to require Tenant to remove some or all some or all of the alterations which Tenant may have made to the Premises) and Common Area (as permitted . If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in accordance its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. If requested by Tenant at the time of Tenant’s request for approval of alterations or improvements, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said alterations or improvements upon expiration or termination of the Lease. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with this Paragraph) shall be done only a contractor approved by Landlord or contractors or mechanics for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord, . Tenant shall pay all costs for such construction and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against keep the Premises free and Common Area or the Building arising out clear of work done for, or materials furnished to or on behalf of all mechanics’ liens which may result from construction by Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Sources: Standard NNN Lease (Pixelworks Inc)

Alterations. Following the Commencement Date, 17.1 Tenant shall not make any changes, additions, no alterations, additions or improvements (hereinafter in this section, “improvements”) in or additions to the Premises and Common Area or attach or affix any articles thereto costing more than $10,000.00 without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, Tenant shall deliver to Landlord final plans and specifications and working drawings for the improvements, and additions Landlord shall have ten (10) days thereafter to grant or withhold its consent. If Landlord does not notify Tenant of its decision within the Premises ten (other than the Laboratory Premises10) and Common Area (as permitted by days, Landlord in accordance with this Paragraph) shall be done deemed to have given its approval. 17.2 If a permit is required to construct the improvements, Tenant shall deliver a completed, signed-off inspection card to Landlord within thirty (30) days of completion of the improvements, and shall promptly thereafter obtain and record a notice of completion and deliver a copy thereof to Landlord. 17.3 The improvements shall be constructed only by Landlord or licensed contractors or mechanics approved by Landlord, and which approval shall not be at Tenant’s sole expense and at unreasonably withheld. Any such times and contractor must have in force a general liability insurance policy of not less than $1,000,000 or such manner higher limits as Landlord may reasonably approverequire, which policy of insurance shall name Landlord as an additional insured. Any Tenant shall provide Landlord with a copy of the contract with the contractor prior to the commencement of construction. 17.4 Tenant agrees that any work approved 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 except when minimally necessary for building reconfiguration work. 17.5 Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, permits, approvals, 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 provide Landlord hereunder affecting with “as-built” plans showing any change in the Laboratory Premises may be performedwithin thirty (30) days after completion. 17.6 Before commencing any work (other than interior non-structural alterations, additions or improvements), Tenant shall give Landlord at least five (5) days’ prior written notice of the proposed commencement of such work and, for any such work which exceeds $25,000.00 in cost, if required by Landlord, secure at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably own cost and expenses a completion and lien indemnity bond approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall approval will not be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeunreasonably withheld.

Appears in 1 contract

Sources: Sublease (Salmedix Inc)

Alterations. Following After the Commencement Date, Tenant shall not make or permit any changesAlterations in, additionson or about the Premises, alterations, improvements except for network wiring within the Premises or additions nonstructural Alterations (which shall not include any modifications to the Premises and Common Area mechanical or attach or affix electrical systems of the Building, nor any articles thereto penetration of the Building's roof) not exceeding Twenty-Five Thousand Dollars ($25,000.00) in cost during any period of twelve (12) consecutive months, without Landlord’s the prior written consentconsent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing Tenant shall not, conditioned or delayedwithout the prior written consent of Landlord, make any: (i) Alterations to the exterior of the Building; (ii) Alterations to the roof of the Building; and (iii) Alterations visible from outside the Building, to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. All alterationsAlterations shall be installed at Tenant's sole expense, improvementsin compliance with all applicable laws, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) a licensed contractor, shall be done only by Landlord or contractors or mechanics approved by Landlordin a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant shall be at and become the property of Landlord upon installation and shall not be deemed Tenant’s sole expense and at 's Personal Property; provided, however, that Landlord shall notify Tenant upon Landlord's consent to such times and in such manner as Landlord may reasonably approve. Any work approved Alterations by Landlord hereunder affecting the Laboratory Premises may (or if Landlord's consent is not required, upon written request by Tenant) whether Tenant will be performedrequired to remove, at Tenant’s option's expense, by such Alterations from the Premises at the expiration or sooner termination of this Lease and to return the Premises to their condition as of the Commencement Date of this Lease, normal wear and tear excepted and subject to the provisions of Paragraph 23. With respect to any ------------ Alterations as to which Landlord's consent is not required, Landlord may require Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord)to remove, at Tenant’s sole cost 's expense, such Alterations from the Premises at the expiration or earlier termination of this Lease; provided, that upon Tenant's written request prior to making such Alterations, Landlord shall notify Tenant whether Tenant will be so required to remove such Alterations from the Premises. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and expenserepair of any and all Alterations made by it to the Premises. Any mechanics or materialman’s lien for which Tenant shall give Landlord has received a written notice of intent Tenant's intention to file or which has been filed against perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and Common Area record a Notice of Nonresponsibility or other notice deemed proper before the Building arising out commencement of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madework.

Appears in 1 contract

Sources: Lease (Supportsoft Inc)

Alterations. Following the Commencement Date, Tenant shall not at any time during the Term of this Lease make any changesopenings in the roof or exterior walls of the Building or make any Tenant alteration, additions, alterations, improvements addition or additions improvement to the Premises and Common Area or attach or affix any articles thereto portion thereof (collectively "Alterations") without Landlord’s in each instance, the prior written consent, consent of Landlord; which consent shall not be unreasonably withheld, conditioned provided, however, upon notice to, but without the consent of Landlord, Tenant shall have the right to make any Alterations where same are non-structural, do not require openings on the roof or delayed. All alterationsexterior walls of the Building, improvementsdo not affect any Building system, and additions do not exceed TWENTY FIVE THOUSAND AND NO/100 ($25,000.00) DOLLARS in the aggregate in any twelve (12) month period. No Alteration to the Premises (other than the Laboratory Premises) and Common Area (as permitted for which Landlord's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord in accordance with this Paragraph) Article IX hereof, protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done only in a good and workmanlike manner in compliance with any applicable governmental law, statute, ordinance or regulation. Upon completion of any Alteration by Tenant hereunder, Tenant shall furnish Landlord or contractors or mechanics approved by Landlord, and shall be at with a copy of the "as built" plans covering such construction. Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except Landlord, its agents, employees or contractors. Any mechanics or materialman’s lien Before commencing any Alterations for which Landlord has received Landlord's approval is required hereunder: (a) plans and specifications therefor, prepared by a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ feeslicensed architect, shall be paid submitted to and approved by Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant within 10 days following Tenant’s receipt shall furnish to Landlord an estimate of a ▇▇▇▇ from Landlord. All alterationsthe cost of the proposed work, improvements, or additions, whether temporary or permanent in character, madecertified by the architect who prepared such plans and specifications;

Appears in 1 contract

Sources: Industrial Building Lease (Neoforma Com Inc)

Alterations. Following Tenant shall not make or suffer to be made any alterations, additions, changes, or improvements in, on or to the Leased Premises or any part thereof (collectively "Alterations") without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed; and any Alterations, except for Tenant's movable furniture and equipment and for those items described on Exhibit "G" hereto (the "Tenant's Removables List") (including any items that Tenant may add to the Tenant's Removables List after the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without with Landlord’s prior written 's consent, which consent shall not be unreasonably withheld), conditioned shall immediately become Landlord's property and, at the end of the Lease Term, shall remain on the Leased Premises without compensation to Tenant. In the event Landlord consents to the making of any such Alterations, the same shall be made by Tenant, at Tenant's sole cost and expense, and in accordance with all applicable laws, statutes, ordinances, rules and regulations, public and private, and all requirements of Landlord's and Tenant's insurance policies. If Landlord fails to respond to Tenant's written request for consent to Alterations within ten (10) days after the date of such written request (with respect to Alterations which do not involve structural changes to the Building) or within thirty (30) days after the date of Tenant's request (with respect to Alterations which do involve structural changes to the Building), then Landlord shall be deemed to have consented to such Alterations. Any contractor or person selected by Tenant to make the same, and all subcontractors, must first be approved in writing by Landlord, which approval shall not be unreasonably withheld or delayed. All alterationsUpon the expiration or sooner termination of the Lease Term, improvementsTenant shall upon demand by Landlord, at Tenant's sole cost and additions to expense, forthwith and with all due diligence remove any or all Alterations made by or for the Premises account of Tenant (other than the Laboratory Premises) initial Leasehold Improvements and Common Area (as permitted by Landlord any refurbishment improvements constructed in accordance with this Paragraph) shall be done only Lease), designated by Landlord or contractors or mechanics approved by Landlordto be removed, and Tenant shall be at Tenant’s sole expense forthwith and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedwith all due diligence, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for , repair and restore the Leased Premises to the condition in which Landlord has received a notice of intent they existed prior to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier 's construction of the date Landlord receives (1) notice of intent Alterations, except for normal wear and tear and except to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any extent such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, maderestoration would constitute waste.

Appears in 1 contract

Sources: Office Lease Agreement (Visual Numerics Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changesalteration, additionsaddition or improvement in, alterations, improvements to or additions to upon the Premises and Common Area or attach or affix any articles thereto (“Alteration”) without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld with respect to proposed Alterations which (i) are not structural in nature, (ii) do not affect the Base Building Components, (iii) are, in Landlord’s opinion, compatible with the Building and the balance of the Real Property and the Building’s mechanical, plumbing, electrical, heating/ventilation/air conditioning, communication, security and fire and other life safety systems (collectively, the “Building Systems”), and (iv) in Landlord’s opinion will not interfere with the use and occupancy of any other portion of the Building or the Real Property by any other tenant or permitted occupant thereof. Tenant shall give Landlord not less than ten (10) days’ prior written consentnotice of any Alteration Tenant desires to make. Any Alterations as to which Landlord shall consent shall be made only by contractors approved in advance, in writing by Landlord, which approval shall not be unreasonably withheld; provided, conditioned however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform any work relating to or delayedaffecting the Building Systems or the Base Building Components. All alterations, improvements, Tenant shall comply with all Legal Requirements applicable to each Alteration and additions shall deliver to Landlord complete set of “as built” plans and specifications for each Alteration. Any work to the Premises balance of the Building or Real Property related to or affected or triggered by Tenant’s Alterations shall be performed by Tenant at Tenant’s expense (other than or, at Landlord’s election, Landlord may perform such work at Tenant’s expense). Tenant shall be solely responsible for maintenance and repair of all Alterations made by Tenant. Tenant shall pay Landlord on demand (whether prior to or during the Laboratory Premisescourse of construction) an amount (the “Alteration Fee”) equal to five percent (5%) of the first One Hundred Thousand Dollars ($100,000.00) of the total cost of each Alteration and Common Area two and one-half percent (2 1/2%) of the portion of the total cost of each Alteration in excess of One Hundred Thousand Dollars ($100,000.00) (and for purposes of calculating the Alteration Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) as permitted compensation to Landlord for miscellaneous costs incurred by Landlord in accordance connection with this Paragraph) the Alteration. In addition, ▇▇▇▇▇▇ shall be done only reimburse Landlord for all third party fees paid by Landlord in connection with reviewing the proposed Alterations (whether or not the proposed Alterations are ultimately approved by Landlord or contractors or mechanics made by ▇▇▇▇▇▇), including, without limitation, ▇▇▇▇▇▇▇▇’s architectural and engineering fees. All Alterations shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall be at Tenantcomply with Landlord’s sole expense construction procedures and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien requirements for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished (including Landlord’s requirements relating to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier insurance and contractor qualifications and scheduling of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madework).

Appears in 1 contract

Sources: Net Lease (Renovis Inc)

Alterations. Following the Commencement Date, Tenant shall not make or allow to be made any changesalterations, additions, or improvements to the Premises, either at the inception of this Lease or subsequently during the Term, without obtaining the prior written consent of Landlord. With respect to any alterations, additions, or improvements approved by Landlord, Tenant shall, at Landlord's election, remove such alterations, additions or additions improvement at Tenant's expense prior to expiration of the Premises Term or earlier termination of the Lease and Common Area or attach or affix repair any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayeddamage caused by said removal. All alterations, improvementsadditions and improvements shall remain the property of Tenant until termination of this Lease, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) at which time they shall be done only by and become the property of Landlord if Landlord so elects; provided, however, that Landlord may, at Landlord's option, upon written notice to Tenant on or contractors or mechanics approved by Landlordbefore ninety (90) days after termination of the Lease, and shall be at require that Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option's expense, immediately remove any or all alterations, additions, and improvements made by Tenant and restore the Premises to their condition existing prior to the construction of any such alterations, additions or its contractors improvements. If Tenant fails to timely remove such alterations, additions or mechanics (which shall improvements or Tenant's trade fixtures, equipment or furniture, Landlord may keep and use them or remove any of them and, in the case of trade fixtures, equipment or furniture, cause them to be reasonably approved by Landlord)stored or sold accordance with applicable law, all at Tenant’s 's sole cost and expense. Any mechanics The terms of the preceding two sentences shall survive the termination of the Lease. Tenant shall deliver to Landlord full and complete plans and specifications of all such alterations, additions or materialman’s lien for which improvements, and no such work shall be commenced by Tenant until Landlord has received given its written approval thereof and Tenant has acquired all applicable permits therefore required by governmental authorities. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant and reviewed or approved by Landlord are safe or that the same comply with any Regulations. Further, Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold Landlord harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a notice result of intent any defects in design, materials or workmanship resulting from Tenant's alterations, additions or improvements to file the Premises. All repairs, alterations, additions, and restoration by Tenant hereinafter required or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors permitted shall be discharged, bonded over, done in a good and workmanlike manner and in compliance with all Regulations and requirements of the insurers of the Building. Tenant shall reimburse Landlord for Landlord's reasonable charges and expenses for reviewing and approving or otherwise satisfied disapproving plans and specifications and any other documents for any alterations proposed by Tenant. Tenant shall require that any contractors used by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file be licensed and carry a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any commercial general liability insurance policy in such lien, amounts as Landlord may do so at Tenant’s expense, and reasonably require. Landlord may require proof of such insurance prior to commencement of any work on the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madePremises.

Appears in 1 contract

Sources: Lease (Circuit Research Labs Inc)

Alterations. Following SECTION 9.01. Tenant agrees that it will make no structural alterations to the Commencement Datebuilding or buildings now or hereafter erected upon the Demised Premises or construct any additional improvements on the Demised Premises without the prior written consent of Landlord, Tenant which consent shall not make any changes, additions, alterations, improvements be unreasonably withheld or additions to the Premises and Common Area or attach or affix any articles thereto without delayed. Landlord’s prior written consentconsent shall not be required in instances of non-structural alterations to the Demised Premises or in instances where structural alterations are required by an automobile manufacturer(s) as a condition of continuing the dealership franchise, but Tenant shall provide prior written notice of any such alteration prior to the commencement of any work. Tenant further agrees that it will not make any other alterations or improvements which would change the character of said building or buildings, or which would weaken or impair the structural integrity, or lessen the value of said building or buildings. SECTION 9.02. Provided Tenant has obtained in the prior written consent of Landlord in accordance with the terms of Section 9.01 hereof if such consent is required, Tenant is granted the right, at its own cost, to make such alterations, additions, enlargements and improvements in and to the building or buildings now or hereafter erected upon the Demised Premises as it may deem desirable for its use, but subject, however, to the following provisions: (a) The same shall be performed in a first-class workmanlike manner. (b) Tenant shall cause such plans and specifications to be prepared and will furnish copies thereof to Landlord prior to the commencement of such alterations and, in instances where Landlord’s prior consent is required pursuant to Section 9.01 above, no work shall be done except in accordance with plans and specifications approved by Landlord, such approval not to be unreasonably withheld or delayed. Landlord shall be deemed to have approved any plans and specifications submitted by Tenant if Landlord does not disapprove the same within fifteen (15) business days. Tenant further agrees that, before the commencement of any such alterations, it will file such plans and specifications with, and obtain the approval thereof by, all municipal or other governmental departments or authorities having jurisdiction thereof. Copies of all such approvals, authorizations, permits and consents of governmental authorities shall be delivered to and retained by Landlord. Landlord shall execute and deliver to Tenant such consents by Landlord as may be required by any such departments or authorities, it being understood, however, that any such consent or consents by Landlord shall not operate or be construed as a consent by Landlord for the purpose of filing any lien or making any charge of any kind whatsoever against either Landlord or the Demised Premises or as a representation or warranty that such plans and specifications will comply with any applicable laws or regulations. (c) such alteration work shall be done subject to, and in accordance with, all applicable laws, rules, regulations, and other requirements of all governmental authorities having jurisdiction thereof and of the local Board of Fire Underwriters or of any similar body. (d) Tenant shall procure and maintain such insurance as Landlord may reasonably require in connection with such alteration work. (e) Tenant shall promptly pay and discharge all costs, expenses, damages and other liabilities which may arise in connection with or by reason of such alteration work. (f) Tenant shall pay the amount of any increase in premiums on insurance policies occasioned by the making of any such alterations. (g) Except in instances of non-structural alterations to the Demised Premises, Tenant’s contractor must be approved by Landlord, which approval shall not be unreasonably withheld, conditioned withheld or delayed. (h) Upon the completion by Tenant of such alteration work, Tenant shall furnish to Landlord (in form and substance reasonably acceptable to Landlord) contractor’s affidavits, full and final waivers of liens, and receipted bills covering all labor and materials expended and used in connection with the performance of such alteration work. SECTION 9.03. All alterations, improvements, such alterations made by Tenant shall immediately be and additions to become part of the Premises (other than realty and the Laboratory Premises) sole and Common Area (as permitted by absolute property of Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall remain upon and be surrendered with the Demised Premises at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant expiration or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice other termination of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethis Lease.

Appears in 1 contract

Sources: Lease Agreement (Asbury Automotive Group Inc)

Alterations. Following the Commencement Date(a) Subject to Tenant's covenants in Section 17, Tenant may, at its expense, at any time after written notice to Landlord and Permitted Beneficiary of its plans (which notice shall include a description of and the plans and specifications for the proposed additions or alterations), but without the consent of such parties other than the approval of the plans and specifications therefor, make Permitted Alterations to the Premises, provided, that (i) all Permitted Alterations are architecturally consistent with existing Improvements, as verified by an architect's certificate addressed to Landlord and Permitted Beneficiary, from a nationally recognized architectural firm; (ii) such actions shall be performed in a good and workmanlike manner; (iii) such Permitted Alterations shall be expeditiously completed in compliance with all laws, ordinances, rules, regulations and requirements applicable thereto, (iv) whether or not any subletting or assignment regarding any portion of the Premises has occurred, any such Permitted Alterations, whether performed by any sublessee or assignee, or by Tenant, shall not make violate or be inconsistent with any changesof the Use Restrictions, and (v) Tenant is otherwise in compliance with the provisions of this Lease. Tenant shall promptly pay all costs and expenses of each Permitted Alteration, discharge all liens arising therefrom and procure and pay for all permits and licenses required in connection therewith. (b) Subject to Tenant's covenants contained in Section 17, Tenant may, at its expense, but only with Landlord's and Permitted Beneficiary's prior written consent, construct upon the Premises additions to or alterations, substitutions or replacements of the Improvements, other than Permitted Alterations, upon compliance with all the terms and conditions set forth in subsection 11(a). Landlord's and Permitted Beneficiary's written consent may be withheld or denied in the exercise of such parties' sole and absolute discretion, and shall be granted only if such parties are able to obtain the opinion of such parties' respective tax counsel that such additions, alterations, improvements substitutions or additions replacements by Tenants (other than Permitted Alterations) will not result in Tenant obtaining an ownership interest in any portion of the Premises, or result in any taxable income to Landlord. Tenant shall pay all costs, fees and expenses associated with obtaining such legal opinions. All Improvements [including, without limitation, those described in Section 11(a)] shall be and remain part of the realty and the property of Landlord and subject to this Lease. Tenant may, at its expense, install, assemble or place any items of trade fixtures, machinery or equipment upon the Premises. Such trade fixtures, machinery or equipment shall be and remain the property of Tenant and Tenant may remove the same from the Premises at any time prior to the termination of this Lease, provided that Tenant shall repair any damage to the Premises and Common Area resulting from such removal. Notwithstanding anything in this subsection 11(b) to the contrary, (i) so long as no default then exists under this Lease, Tenant may, within thirty (30) days of the expiration or attach or affix any articles thereto without Landlord’s prior written consenttermination of the Term of this Lease, which remove (but shall not be unreasonably withheldobligated to remove) from the Premises any trade fixtures of Tenant and such trade fixtures so removed shall remain the property of Tenant, conditioned but any trade fixtures of Tenant or delayed. All alterationsother property not removed from the Premises within thirty (30) days of the expiration or termination of the Term of this Lease shall immediately become the property of Landlord, (ii) all costs of repair of the Premises necessitated by Tenant's removal from the Premises of Tenant's trade fixtures or other property shall be borne solely by Tenant, (iii) all costs of removal of any of Tenant's trade fixtures or other property which is not removed from the Premises by Tenant within thirty (30) days of the expiration or termination of this Lease, as well as the cost of any repair of the remainder of the Premises necessitated by any removal of such trade fixtures or other property by Landlord, shall be borne solely by Tenant, and (iv) the provisions of this subsection shall survive any expiration or termination of the Lease. (c) Subject to Tenant's covenants in Section 17, Tenant shall construct and accomplish certain improvements, renovations and additions retrofitting in connection with the Improvements (collectively, the "Renovations") in accordance with the plans and specifications described in the documents attached hereto and made a part hereof as Exhibit K and the development budget set forth on Exhibit I, which Renovations shall be completed no later than April 30, 1994, and without any expenditures other than those specified in Exhibit I (except for expenditures for Permitted Alterations). Tenant shall obtain all necessary consents, permits, certificates, easements and approvals as may be necessary or appropriate for the construction and/or completion of the Renovations. Landlord shall pay to Tenant for construction of the Renovations on behalf of Landlord and for the Fees and Costs (as defined in Section 32), the amount of $15,932,616.00 contemporaneously with the execution of this Lease (the "Renovation Cost"). The cost of the Renovations, all Fees and Costs, and any related costs shall not, in the aggregate, exceed the Renovation Cost except to the extent that the Renovations constitute Permitted Alterations. In the event that any portion of the Renovation Cost remains unspent by Tenant after completion of the Renovations, any such remaining funds shall be repaid to Landlord, the Basic Rent and Termination Values shall be adjusted as provided in Section 5 of this lease (due to the change in the assumption as to the cost of the Renovations), and Tenant shall pay to Landlord with the payment of such remaining funds (i) a Lease Make Whole Premium, and (ii) any Loan Make-Whole Premium. Monthly during the course of the construction of the Renovations, Tenant shall deliver to Landlord and Permitted Beneficiary (and, upon direction by Landlord and/or Permitted Beneficiary, any title company as may be designated) as evidence of the application by Tenant of portions the Renovation Cost toward the completion of the Renovations (1) American Institute of Architects form draw requests, completed and executed by Tenant's supervising architect, (2) a certification executed by Tenant, addressed to Landlord and Permitted Beneficiary, specifying with respect to the Development Budget set forth on Exhibit I, and with respect to the categories set forth on Attachment 2, the category of each expenditure during such month, the amount previously expended with respect to each such category, and the amount which will be necessary to be expended to complete the items designated in each such category, and (3) lien waives executed by the contractors, subcontractors and materialmen with respect to all expenditures indicated in the documentation described in (1) and (2) above, in form and substance reasonably satisfactory to Landlord and Permitted Beneficiary. From time to time during the construction of the Renovations, and upon completion of the Renovations, Tenant will deliver to the title company designated by Landlord and Permitted Beneficiary, lien waivers and other documentation as may be required by such title company, and take such other action as may be necessary (including, without limitation, payment of any premiums and other charges by the title company) (A) to obtain and deliver to Landlord and Permitted Beneficiary, respectively, endorsements to Landlord's Owner Policy of Title Insurance and Permitted Beneficiary's Mortgagee Policy of Title Insurance received contemporaneously with the execution and delivery of this Lease, increasing the coverage thereof to the extent of amounts paid for construction of the Renovations, and (B) upon completion of the Renovations, to increase the actual coverage of each of such policies to the full face amount of each of such policies as set forth on Schedule A thereto, and to delete from both of such title insurance policies any "pending disbursements" exception and any "completion of improvements" exception, without inclusion of any exceptions to either of said policies not present on the date of the original issuance of such policies. In the event that all of the Renovations are not completed and the Renovations and all other portions of the Improvements "placed in service" (as that term is used in the Code, hereinafter referenced as "placed in service") on or before April 30, 1994 (the "Renovation Deadline"), Tenant shall purchase the Premises from Landlord for a purchase price equal to the Termination Value, plus a Lease Make Whole Premium, plus any Loan Make Whole Premium, plus any taxes not imputed into the Termination Value; provided, however, that the Renovation Deadline may, at Tenant's option, be extended by Tenant until October 30, 1994, by paying an extension fee to Landlord equal to one half of one percent (.5%) of the total amount of Landlord's investment in the Premises (other than including all acquisition costs and the Laboratory Premises) Renovation Cost), plus all expenses incurred in connection with any such extension, so long as the Basic Rent and Common Area (Termination Values are adjusted, if necessary, as permitted set forth in Section 5 of this Lease. The date on which the Renovations are Placed in Service shall be conclusively determined by the date on which Tenant delivers to Landlord a certificate of occupancy for all of the space which is the subject of the Renovations, together with an executed architect's certificate addressed to Landlord and Permitted Beneficiary certifying that the Renovations have been completed in accordance with the plans and specifications described in Exhibit K and as otherwise required by the terms of this Paragraph) Lease. In the event that the Renovations do not conform to the component depreciation assumptions described in Exhibit C of this Lease or, if the Renovations are completed prior to t he Renovation Deadline but after the assumed dates for the Renovations and Improvements being Placed in Service as set forth on Exhibit C, the Basic Rent and Termination Values shall be done only adjusted as provided in Section 5 of this Lease. After the completion of the Renovations as they pertain to Building A (as defined in Exhibit C hereto) and again after the completion of the Renovations as they pertain to Building B (as defined in Exhibit C hereto) and to Building C (as defined in Exhibit C hereto), determination as to the conformity of such Renovations with the previously approved plans and specifications therefor, and confirmation that the depreciation components therefor described in Attachment 2 are included in the Renovations as completed, shall be accomplished, and, as to each such building after its completion, shall be effected by (I) the delivery by Tenant to Landlord or contractors or mechanics approved by of a certificate addressed to Landlord, describing all actual costs incurred to date in connection with the Renovations and shall be allocating all of such costs among the various categories of expenditures describe din Attachment 2, and (II) the preparation of an updated appraisal of the Premises provided to Landlord at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics or materialman’s lien for which , updating the appraisal received by Landlord has received a notice contemporaneously with the execution of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done forthis Lease, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied prepared by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇▇▇ from ▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ of ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ & Associates, Inc. containing a valuation dated as of April 1, 1993 (the "April, 1993 Appraisal"). The form of said certificates and appraisal updates is to be satisfactory to Landlord in its sole discretion, and such items are to be delivered for the purpose of confirming that such Renovations have been completed in accordance with Exhibit K, adjusting the component depreciation amounts to reflect the actual costs incurred in completing such Renovations, and calculating any necessary Rent/Termination Value Adjustments as may be appropriate in accordance with the provisions of Section 5(c) of this Lease as a result of the information set forth on such updated appraisals and certificates delivered to Landlord. All alterationsThe appraisal updates are not intended to adjust the specific items from one depreciable class to another. Notwithstanding anything in this Lease to the contrary, improvementsin addition to the requirements set forth above, all Renovations shall be completed in a manner reasonably satisfactory to Landlord, and Landlord shall have the right, from time to time, to inspect the progress of the Renovations and to require correction of any defects or deficiencies or any non-compliance with the plans and specifications attached to this Lease in Exhibit K or with the development budget attached hereto as Exhibit I. (d) Notwithstanding anything in this section 11 to the contrary with respect to (i) the source of funds to be used, or additions(ii) the cost of construction of improvements by Tenant or the cost of completion of the Renovations by Tenant, whether temporary Tenant may, without Landlord or permanent Permitted Beneficiary's prior consent, but in characterany event subject to the provisions of Section 17 of this Lease, madeexpend Tenant's own funds for construction of Permitted Alterations.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Alterations. Following Notwithstanding anything in the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions Master Lease as incorporated herein to the Premises and Common Area contrary, before proceeding with any alteration, addition or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions improvement to the Premises (other than collectively, "Alteration"), Subtenant shall obtain the Laboratory Premises) prior written consent of Sublandlord and Common Area (as permitted by Master Landlord in accordance with this Paragraph) shall and submit to Sublandlord and Master Landlord plans and specifications for the work to be done only prepared by a licensed architect for Sublandlord's and Master Landlord's prior written consent. Subtenant shall reimburse Sublandlord, within ten (10) days of written demand therefor, for all of Sublandlord's reasonable, out-of-pocket costs incurred in connection with the review of Subtenant's plans and obtaining the consent of Master Landlord with respect thereto, including, without limitation, any costs imposed by Master Landlord pursuant to the terms of the Master Lease. Sublandlord shall not unreasonably withhold its consent to any such proposed work or contractors or mechanics approved by Landlordplans and specifications, and Sublandlord shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy describe with particularity any such lien, Landlord may do so at Tenant’s expenseobjection, and the amount expended by Landlordreasons therefor, including reasonable attorneys’ fees, which it may have to any proposed work or plans or specifications. Sublandlord shall be paid by Tenant required to respond within 10 ten (10) days following Tenant’s of receipt of any request from Subtenant for its consent to any Alteration provided that Subtenant sets forth such ten (10) day response period in its request for such consent. Subtenant shall deliver to Sublandlord, within five (5) days of request, a ▇▇▇▇ from copy of Master Landlord's approval of Subtenant's plans for any Alteration. All alterationsSubtenant acknowledges and agrees that, improvementsnotwithstanding anything herein to the contrary, with respect to any of Subtenant's Alterations, Sublandlord shall have no responsibility whatsoever for the installation or proper functioning of, cost of correcting, or additionsremoval upon Sublease termination of any of Subtenant's Alterations or any compliance requirements of the Master Lease (including, whether temporary or permanent in characterwithout limitation, madeany costs imposed by Master Landlord with respect to its review of plans and/or supervision of work), and Subtenant shall bear the entire responsibility and liability therefor.

Appears in 1 contract

Sources: Sublease (SPSS Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions alterations (“Alterations”) to the Premises and Common Area or attach or affix any articles thereto the Business Park without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Once Landlord’s written consent is granted, conditioned or delayed. All alterations, improvements, and additions Tenant must provide Landlord at least ten (10) business days prior to the Premises (other than the Laboratory Premisescommencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and Common Area (as permitted by specifications. Landlord may post notices regarding non-responsibility in accordance with this Paragraph) the laws of the state in which the Premises are located. All Alterations made by Tenant shall be done only performed by Tenant and its contractors in a good and workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any Alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the Alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition that existed as of the Commencement Date, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. If requested by Tenant at the time of Tenant’s request for approval of Alterations, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said Alterations upon expiration or termination of the Lease. Should Landlord consent in writing to Tenant’s Alteration of the Premises, Tenant shall contract with a contractor approved by Landlord or contractors or mechanics approved by Landlordfor the construction of such Alterations, shall secure all appropriate governmental approvals and permits, and shall be at Tenant’s sole expense complete such Alterations with due diligence in compliance with plans and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be specifications reasonably approved by Landlord). Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding the foregoing, at Tenant may construct non-structural Alterations within the interior of the Building without Landlord’s prior approval, if the cost of any such project does not exceed Fifty Thousand Dollars ($50,000) in any twelve (12)-month period. Tenant’s sole cost trade fixtures, furniture, equipment and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against other personal property installed in the Premises (collectively, “Tenant’s Property”) shall at all times be and Common Area remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or the Building arising out of work done for, or materials furnished to or on behalf other interest in any item of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeProperty.

Appears in 1 contract

Sources: Standard NNN Lease (3PAR Inc.)

Alterations. Following the Commencement Date, Tenant shall may not make any changes, additions, alterations, improvements or additions Alterations to the Leased Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld; provided, conditioned however, Landlord’s consent shall not be required for Alterations that cost less than $10,000.00 (provided the same do not impact other tenants in the Building) and (i) are non-structural, (ii) are not visible from the exterior of the Leased Premises, (iii) do not affect any Building system or delayedthe structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling. With respect to any Alterations that will exceed a cost of $10,000.00 (other than the installation of Tenant’s security system, which Tenant shall have the right to perform with its own contractors provided the same does not impact other tenants in the Building). Landlord shall have the right, at its option, to perform such work at Tenant’s expense so long as such work can be performed in a timely, good and workmanlike manner at a competitive price. At the time Tenant requests Landlord’s consent, Tenant shall deliver plans and specifications to Landlord. Landlord shall notify Tenant, within ten (10) days after receipt of Tenant’s plans and specifications, whether Landlord elects to perform the Alterations, along with a draft construction budget and schedule as required above. Tenant shall notify Landlord within five business days whether Tenant wishes to proceed with the Alterations. In the event Landlord consents to the Alterations but elects not to perform the work, Tenant shall comply with the following: (i) not less than 5 days prior to commencing any Alteration, Tenant shall deliver to Landlord final plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, and (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Legal Requirements and the plans and specifications delivered to, and approved by Landlord. If Landlord is not the contractor, Tenant shall provide Landlord with as-built plans, in both CAD and PDF format, along with back-up disks, upon completion of the work. All alterationsAlterations shall become part of the realty immediately upon installation and, improvementsexcept for Alterations which Landlord requires Tenant to remove pursuant to this Lease, shall be surrendered with the Leased Premises without payment by Landlord. Tenant’s trade fixtures, furniture, equipment and additions other personal property installed in the Leased Premises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. Except for Alterations which cannot be removed without structural injury to the Leased Premises, at any time Tenant may remove Tenant’s Property from the Leased Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property. If Tenant leases equipment to be used within the Leased Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord equipment paid for or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved provided by Landlord), at Landlord shall execute the commercially reasonable agreements required by Tenant’s sole cost and expenseequipment lessors waiving all rights to such equipment. Any mechanics Removal of Alterations or materialman’s lien for which Landlord has received a notice improvements at the end of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors Lease term shall be discharged, bonded over, or otherwise satisfied governed by Tenant within ten days following the earlier provisions of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeArticle 27 hereof.

Appears in 1 contract

Sources: Lease Agreement (PMV Pharmaceuticals, Inc.)

Alterations. Following the Commencement Date, (i) Tenant shall not make any changesalteration, additionsaddition or improvement in, alterations, improvements to or additions to upon the Premises and Common Area or attach or affix any articles thereto (“Alteration”) without Landlord’s the prior written consentconsent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. Tenant shall give Landlord not less than ten (10) days’ prior written notice of any Alteration Tenant desires to make. Any Alterations as to which Landlord shall consent shall be made only by contractors approved in advance, in writing by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall comply with all Legal Requirements applicable to each Alteration. Tenant shall be solely responsible for maintenance and repair of all Alterations made by Tenant. All alterationsAlterations shall be performed diligently and in a first-class workmanlike manner. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, improvementsnecessary permits and licenses, certificates of insurance, and additions such other documents in such form reasonably requested by Landlord. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built set of plans and specifications for the Tenant Alterations and contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or right to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or impose any liability upon Landlord in connection with the performance of such work. Landlord hereby approves the plans submitted by Tenant for the initial improvements. (ii) Notwithstanding the foregoing, Tenant shall have the right, without Landlord’s consent, to make any Alteration to the Premises (“Cosmetic Alterations”) that (a) is decorative in nature (such as paint, carpet or other than wall or floor finishes, movable partitions or other such work), does not adversely affect the Laboratory PremisesBuilding systems, (c) and Common Area (as permitted by Landlord is not structural in accordance with this Paragraph) nature. All such work shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and performed in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent ▇▇▇▇-like manner and in character, madeaccordance with all applicable Legal Requirements.

Appears in 1 contract

Sources: Asset Purchase Agreement (Simpson Manufacturing Co Inc /Ca/)

Alterations. Following (a) Sublandlord shall construct and complete the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Subtenant Improvements set forth in Exhibit E attached hereto. (b) All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and tenant improvement work shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at TenantSubtenant’s sole cost and expense. Any mechanics Subtenant shall not perform and/or make any alterations, additions, improvements or materialman’s lien for installations (collectively, the “Alterations”) of any kind or nature in or to the Premises without in each instance obtaining the prior written consent of Sublandlord, which consent shall not be unreasonably withheld (provided that Master Landlord has received a notice consented thereto) and of intent Master Landlord. Notwithstanding the foregoing, the consent of Sublandlord to file such alterations shall not be required as long as (i) such alterations will not make it more difficult for Sublandlord to perform any necessary repairs or which otherwise use Sublandlord’s premises; and (ii) the Master Landlord has been filed against consented to such alterations, and has agreed in advance that the alterations do not need to be removed by Sublandlord at the expiration or earlier termination of this Sublease. Subtenant shall not be required to remove the Subtenant Improvements or any tenant improvements made to the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier as of the date hereof, nor shall Subtenant be required to remove any Alterations made by Subtenant during the Term of this Sublease if, at the time consent for such Alteration is requested, Subtenant requests in writing, and Master Landlord receives (1) notice and Sublandlord agree in writing, that such Alteration does not need to be removed at the expiration or earlier termination of intent this Sublease. Sublandlord agrees not to file a lien or (2) notice unreasonably disapprove Subtenant’s request that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lienAlteration need not be removed at the expiration or earlier termination of the Sublease, provided that Master Landlord may do so at Tenant’s expensehas agreed in writing that neither Sublandlord nor Subtenant need remove such Alteration, and the amount expended non-removal of such Alteration will not result in material expense or inconvenience to Sublandlord in removing any other alterations to the Premises at the expiration or earlier termination of the Master Lease. (c) In accordance with Article I, Subtenant shall have the right to access and occupy the Premises for thirty (30) days after the Subtenant Improvements have been Substantially Completed (commencing on the date on which the Subtenant Improvements are Substantially Completed) for the purpose of installing its furniture, fixtures, equipment and cabling in the Premises, provided that such installation is subject to the terms of the Sublease (with the exception of the obligation to pay Fixed or Additional Rent), Master Landlord’s prior written approval as required thereunder and in a manner, upon terms and conditions and at times satisfactory to Master Landlord to the extent required under the Master Lease. Such early occupancy is conditioned upon the compliance by LandlordSubtenant’s contractors with all requirements imposed by the Master Lease on third party contractors, including reasonable attorneyswithout limitation the maintenance by Subtenant and its contractors and subcontractors of workersfeescompensation, public liability and property damage insurance and broad form builders’ risk insurance in amounts, with companies and on forms that comply with the terms of the Master Lease, with certificates of such insurance being furnished to Sublandlord prior to proceeding with any such entry. Subtenant shall also cause its contractors and subcontractors to post surety bonds, if applicable under Article 6(a)(vi) of the First Amendment. The entry shall be paid deemed to be under all of the provisions of this Sublease except as to the covenants to pay Fixed Rent, Operating Expenses and Taxes. Subtenant shall be responsible for any Master Landlord charges relating to such installation. Neither Sublandlord nor Master Landlord shall be liable in any way for any injury, loss or damage which may occur to any such work being performed by Tenant within 10 days following TenantSubtenant, the same being solely at Subtenant’s receipt risk, unless caused by the gross negligence or willful misconduct of a ▇▇▇▇ from LandlordSublandlord. All alterations, improvements, or additions, whether temporary or permanent In no event shall the failure of Subtenant’s contractors to complete any work in character, madethe Premises extend the Commencement Date.

Appears in 1 contract

Sources: Sublease Agreement (PRN Corp)

Alterations. Following the Commencement Date, 18.1. Tenant shall not make any changes, additions, alterations, additions or improvements or additions (collectively, "alterations") to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayedexcept as provided herein. All Any alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted or improvements desired by Landlord in accordance with this Paragraph) Tenant shall be done made, at Tenant's expense only after Tenant submits detailed final plans and drawings to Landlord and obtains Landlord's consent to alterations and approval of such plans Work shall be performed only by Landlord or contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall construct such Alterations in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of the holder of a mortgage encumbering the Project, such consent or approval must be at Tenant’s sole expense and secured prior to the construction of such Alteration. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may from time to time reasonably approvedesignate. Any work approved such alterations, additions or improvements shall be in conformity with all Laws and in full compliance with the requirements of any mortgages encumbering the Project and any insurance policies relating to the Project and excepting movable furniture, trade fixtures, machinery and other trade equipment shall become part of the realty and belong to Landlord. However, Landlord can elect, within one (1) month before expiration of the term, or within one (1) month after expiration or termination of the term, to require Tenant to remove any alterations, additions or improvements Tenant has made to the Premises. If Landlord so elects, Tenant at its sole cost shall restore the Premises to the condition designated by Landlord hereunder affecting in its election, before the Laboratory Premises may be performedlast day of the term, or within fifteen (15) days of Landlord's election, whichever is first. 18.2. Before commencing any work, whether or not Landlord's consent is required, Tenant shall give Landlord at least ten (10) days' written notice of the proposed commencement of such work to allow Landlord to post and record, at Tenant’s option's expense, by notices of non-responsibility. Tenant or its contractors or mechanics (which shall be reasonably approved shall, if required by Landlord), secure at Tenant’s sole 's own cost and expense, appropriate insurance and, if the cost of the work exceeds $25,000, a completion and lien indemnity bond satisfactory to Landlord for any said work. Any mechanics Tenant further covenants and agrees that any mechanic's lien or materialman’s other lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or against the Building arising out of for work claimed to have been done for, or materials claimed to have been furnished to, Tenant will be discharged by Tenant as provided in the Article titled "Mechanics Liens" below. Upon completion of any work, Tenant shall record a notice of completion sufficient under applicable mechanic's' lien Laws. 18.3. Tenant may install trade fixtures, machinery, or other trade equipment in conformance with all Laws and in full compliance with the requirements of any mortgages encumbering the Project and any insurance policies relating to the Project. Tenant may remove any of such trade fixtures or machinery upon the expiration or termination of this Lease if Tenant is not in default under the terms and conditions of this Lease. If Tenant shall fail to remove all of its effects from the Premises upon termination of this Lease for any cause whatsoever, the provisions under the Article titled "Surrender of Premises" of this Lease shall apply. 18.4. In the event that Tenant installs trade fixtures, machinery or other trade equipment, Tenant shall return the Premises on behalf expiration or termination of this Lease to the same condition as existed at the date of entry, reasonable wear and tear excepted. In any event, Tenant shall repair any damage resulting from the removal of trade fixtures, machinery or other trade equipment of Tenant. 18.5. Any electrical wiring, its contractors or subcontractors shall be dischargedconduit, bonded over, or otherwise satisfied junction boxes and outlets installed by Tenant within ten days following shall comply with all building codes and shall become the earlier property of the date Landlord receives (1) notice upon termination of intent to file a lien or (2) notice that the lien has been filedthis Lease. 18.6. If Tenant fails to dischargepromptly commence and diligently pursue completion of removal and restoration of alterations, bond overadditions, or otherwise satisfy any such lienimprovements, Tenant shall pay to Landlord may do so at Tenant’s expense, and the amount expended by Landlordcost thereof, including a reasonable attorneys’ feescharge for Landlord's overhead, upon Landlord's demand. If Tenant has not removed such items and completed restoration of the Premises upon the expiration or earlier termination of this Lease, Tenant shall be paid by Tenant within 10 days following Tenant’s receipt continue to pay rent for the portion of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethe Premises not completely vacated.

Appears in 1 contract

Sources: Net Industrial Lease (National Manufacturing Technologies)

Alterations. Following 9.1 Tenant is contracting with the Commencement DateDevelopment Manager, pursuant to the Phase I Development Services Agreement for the construction of the Building, including all tenant improvements. Accordingly, Landlord shall have no construction obligations hereunder, and reference is hereby made to the Phase I Development Services Agreement for the agreements of the parties with regard to the construction of the Building. Tenant hereby acknowledges that it has performed its own due diligence with respect to the Land and the development potential thereof and agrees to accept the Premises "as is", "where is", Landlord having made no representations or warranties whatsoever with respect to the physical condition of the Land or the Building or their suitability for any particular construction or use. Except as otherwise provided in Section 9.4 below, the remainder of this Article IX shall govern only improvements made following the initial construction of the Building and tenant build out pursuant to the Phase I Development Services Agreement. 9.2 Except as otherwise permitted pursuant to the Phase I Development Services Agreement and Section 9.3 below, Tenant shall will not make or permit anyone to make any changes, additions, alterations, additions or improvements (hereinafter referred to collectively as "IMPROVEMENTS"), structural or additions otherwise, upon the Land or in or to the Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consentconsent of Landlord to the proposed improvement (including the plans and specifications therefor). In the case of any proposed improvement that is of a major structural nature or any proposed improvement materially affecting any of the base building systems, Landlord may grant or withhold its consent in its sole discretion, unless the improvement is customary in Class A suburban office buildings in the North Bethesda/Rockville/Gaithersburg corridor, in which case Landlord's consent shall not be unreasonably withheld, conditioned or delayed. All alterations, With respect to all other proposed improvements, Landlord shall not have the right to withhold its consent thereto unless the proposed improvement does not comply with the Viable Building Standards. All improvements made by Tenant, whether Landlord's approval is required hereunder or not, shall comply with the Viable Building Standards. In the event Landlord fails to respond to a request for its consent to an improvement within ten (10) business days following submission of such request in writing, then Landlord's consent shall be deemed granted. When granting its consent, Landlord may impose any conditions it reasonably deems appropriate, including, without limitation, the approval by Landlord of the contractor or other persons who will perform the work (which consent shall not be unreasonably withheld), Tenant's obtaining all necessary permits and additions approvals for such work, and Tenant's obtaining, and providing Landlord with certificates of insurance evidencing, reasonably appropriate levels and types of insurance coverage. In addition, Landlord may condition its approval of any improvements that are not customarily maintained by landlords in Class A suburban office buildings on Tenant's agreeing to maintain such improvements. If Landlord withholds its consent to any proposed improvement and Tenant believes in good faith that such consent was improperly withheld, given the Premises (other than parameters of Landlord's consent rights, as set forth herein, then Tenant shall have the Laboratory Premises) and Common Area (as right to submit the matter to binding arbitration in accordance with the terms of Article XXVIII below. All improvements permitted by Landlord in accordance with this Paragraph(or allowed hereunder without Landlord's approval) must conform to all applicable requirements of the insurers of the Building ("INSURANCE REQUIREMENTS") and to all applicable Legal Requirements. Landlord's review and approval of any such plans and specifications and consent to the performance of work described therein shall not be done only deemed an agreement by Landlord that such plans, specifications and work conform with all applicable Legal Requirements and Insurance Requirements nor be deemed a waiver of Tenant's obligations under this Lease with respect to Legal Requirements and Insurance Requirements nor impose any liability or contractors obligation upon Landlord with respect to the completeness, design sufficiency or mechanics approved compliance with Legal Requirements or Insurance Requirements of such plans, specifications and work. Upon completion of any improvements requiring Landlord's approval, Tenant shall provide Landlord with final release of lien forms executed by LandlordTenant's general contractor. If, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting notwithstanding the Laboratory Premises may be performedforegoing, at Tenant’s option, by Tenant any mechanic's or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s materialmen's lien for which Landlord has received a notice of intent to file or which has been is filed against the Premises and Common Area or Premises, the Building arising out of and/or the Land, for work claimed to have been done for, or materials claimed to have been furnished to, the Premises on Tenant's account, such lien shall be discharged by Tenant within twenty (20) days after Tenant has notice thereof, at Tenant's sole cost and expense, by the payment thereof or by the filing of a surety bond that discharges the lien. If Tenant shall fail to discharge any such mechanic's or materialmen's lien within twenty (20) days after receiving written notice thereof from Landlord, Landlord may, at its option, discharge such lien and treat the cost thereof (including reasonable attorneys' fees incurred in connection therewith) as additional rent payable with the next monthly installment of Annual Base Rent falling due. It is further understood and agreed that in the event Landlord shall give its written consent to the making of any improvements to the Premises, such written consent shall not be deemed to be an agreement or consent by Landlord to subject its interest in the Premises, the Building or the Land to any mechanic's or materialmen's liens which may be filed in connection therewith. Upon completion of any structural improvements by Tenant, Tenant shall provide Landlord with accurate "as-built" plans showing the new work in a "CADD" format; in addition, if Tenant has made any improvements (structural or otherwise) in the Premises during the course of any calendar year, then Tenant shall provide Landlord with such "as-built" plans within thirty (30) days following the end of such calendar year. 9.3 Notwithstanding the provisions of Section 9.2 hereof to the contrary, Tenant shall not be required to obtain the consent of Landlord for the making of alterations that are purely decorative or cosmetic in nature, such as painting and carpeting, or alterations consisting of minor re-partitioning and appurtenant changes to distribution systems (i.e., electrical outlets, HVAC vents), and which are not visible from the exterior or the public areas of the Complex. In the event Tenant intends to make any such decorative or cosmetic alternations to the Premises, Tenant, not less than ten (10) days prior to the commencement of such work, shall notify Landlord, in writing, as to (i) the date on behalf which such work is to commence, (ii) the date on which such work is scheduled to be completed, and (iii) the name of the contractor or other person performing such work. In addition, Tenant and Tenant's contractor shall coordinate the performance of such work with the on-site property manager of the Complex. 9.4 Tenant shall indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, liabilities and damages based on or arising, directly or indirectly, by reason of the making of any improvements to the Premises, the furnishing of any services to the Premises or the Building or the repair and maintenance of the Premises or the Building, in each case by Tenant or its employees, agents or contractors; provided that Tenant's obligations to indemnify and hold harmless Landlord pursuant to this Section 9.4 shall not include any costs, damages, claims, liabilities or expenses suffered by or claimed against Landlord directly based on, arising out of or resulting from Landlord's breach of, or default as to, any of its covenants or other obligations under this Lease or Landlord's negligence or willful misconduct. If any improvements are made without the prior written consent of Landlord (if such consent is required hereunder) and they are not removed and the Premises restored within thirty (30) days following Tenant's receipt of written notice from Landlord requiring such removal and restoration, Landlord shall have the right to remove and correct such improvements and restore the Premises to their condition immediately prior thereto, and Tenant shall be liable for all expenses incurred by Landlord in connection therewith. All improvements affixed to the Premises or the Building made by either party, including all improvements made as part of the initial construction of the Building and tenant build-out pursuant to the Phase I Development Services Agreement, shall remain upon and be surrendered with the Premises as a part thereof at the end of the Lease Term, except that (i) Tenant shall have the right to remove, prior to the expiration of the Lease Term, all furniture, furnishings, fixtures, trade fixtures and equipment installed in the Premises solely at the expense of Tenant, its contractors or subcontractors and (ii) except with respect to the initial construction of the Building and tenant build-out pursuant to the Phase I Development Services Agreement, Tenant shall be dischargedrequired to remove all improvements to the Premises which Landlord designates in writing for removal at the time Landlord approves installation of such improvement (provided that Landlord shall have the right to designate for removal any improvements only if they are of a nature that is materially different from that typically included in an office build-out). All damage and injury to the Premises or the Building caused by such removal shall be repaired by Tenant, bonded overat Tenant's sole expense, except any damage or otherwise satisfied injury to tenant finishes in individual tenant space that would customarily be replaced by Landlord in preparation for the next tenant. If any property of Tenant is not removed by Tenant within ten days following prior to the earlier expiration or termination of this Lease, the date same shall become the property of Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of surrendered with the Premises as a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madepart thereof.

Appears in 1 contract

Sources: Lease Agreement (Manugistics Group Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements (collectively, “Alterations”) in or additions to the Demised Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall consent (not to be unreasonably withheld, conditioned or delayed, as provided in Section 8.5 below). All alterations, improvementsIn the event Tenant requests Landlord to perform any construction management or supervisory services relative to any Alterations, and additions if Landlord in its sole discretion agrees to perform such services, then in addition to the Premises cost of such Alterations, Tenant agrees to pay Landlord, as Landlord’s charges for all such services, a cost recovery fee in an amount mutually agreeable to Landlord and Tenant at such time; otherwise Tenant shall pay Landlord a cost recovery fee equal to Landlord’s actual out-of-pocket costs (other than including third-party architectural/engineering review costs) incurred in connection with Landlord’s performance of its customary level of supervision, review, approval and coordination for such type of Alteration (the Laboratory Premises) and Common Area (as permitted “Out-of-Pocket Costs”). Tenant shall only utilize contractors approved by Landlord in accordance with this Paragraph) (not to be unreasonably withheld, conditioned or delayed). Tenant shall be done only by Landlord or contractors or mechanics approved by submit full and complete plans and specifications for any Alterations to Landlord, and shall be obtain Landlord’s prior approval thereof, prior to commencing any such Alterations. Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord, and Tenant agrees to carry, and to cause Tenant’s sole expense contractors and at sub-contractors to carry such times workmen’s compensation, general liability, personal and in such manner property damage insurance as Landlord may reasonably approverequire. Any work approved by Upon completion of any Alterations, Tenant shall deliver to Landlord hereunder affecting the Laboratory Premises may be performed, at one set of “as-built” plans and specifications therefor. All Tenant’s optionWork and all fixtures, paneling, partitions, railing and other Alterations, installed in the Demised Premises, either by Tenant or its contractors by Landlord on Tenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises upon the expiration or mechanics earlier termination of the Lease, unless Landlord, by notice to Tenant given at the time of approval of the plans and specifications therefor (or within a reasonable time after Landlord receives notice of any “Non-Consent Alterations” or any “Higher Price Interior Alterations” under Section 8.6 below), elects to have them removed by Tenant, in which event, the same shall be removed from the Demised Premises by Tenant on or before the Expiration Date or earlier termination hereof; provided, however, that such removal requirement shall only be imposed by Landlord if Landlord, in good faith, determines that such item or items would not be customary for office usage at comparable Class-A office buildings in Lisle/Naperville, Illinois or would be excessive costly or hazardous to remove. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment (all of which shall be reasonably approved removed by LandlordTenant prior to the Expiration Date or earlier termination hereof), at but upon removal of any such equipment and fixtures from the Demised Premises or upon removal of other installations (including, without limitation, items of Tenant’s sole cost Work and other Alterations) as may be required by Landlord pursuant to Landlord’s rights to so require removal as described in this Section 8.2, Tenant shall promptly and at its expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent , repair and restore the Demised Premises to file or which has been filed against the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Demised Premises and Common Area or the Building arising out due to such removal. All property that was permitted or required to be removed by Tenant at the end of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors the Term but which remains in the Demised Premises for ten (10) business days after Tenant vacates the Demised Premises shall be dischargeddeemed abandoned and may, bonded overat the election of Landlord, and without limitation on other rights or otherwise satisfied remedies available to Landlord, either be retained as Landlord’s property or may be removed from the Demised Premises by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense. Without limitation of the foregoing, and Tenant shall have no right or obligation to remove any fixtures, tenant improvements or other items located at the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt initial Demised Premises as of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethe Turnover Date hereunder.

Appears in 1 contract

Sources: Lease Agreement (SXC Health Solutions Corp.)

Alterations. Following Tenant, following the Commencement Datedelivery of the Premises by Landlord and the full and final execution and delivery of the Lease/Amendment to which this Exhibit is attached and all prepaid rental and security deposits required under such agreement, shall have the right to perform alterations and improvements in the Premises (the “Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not make any changes, additions, alterations, improvements or additions have the right to perform Initial Alterations in the Premises unless and Common Area or attach or affix any articles thereto until ▇▇▇▇▇▇ has complied with all of the terms and conditions of Article 8 of the Lease, including, without Landlordlimitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations. Tenant shall be responsible for all elements of the design of Tenant’s prior written consentplans (including, which without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the premises and the placement of Tenant’s furniture, appliances and equipment), and ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s plans shall in no event relieve Tenant of the responsibility for such design. ▇▇▇▇▇▇▇▇’s approval of the contractors to perform the Initial Alterations shall not be unreasonably withheld. The parties agree that ▇▇▇▇▇▇▇▇’s approval of the general contractor to perform the Initial Alterations shall not be considered to be unreasonably withheld if any such general contractor (i) does not have trade references reasonably acceptable to Landlord, conditioned or delayed. All alterations, improvements, and additions (ii) does not maintain insurance as required pursuant to the Premises terms of this Lease, (other iii) does not have the ability to be bonded for the work in an amount of no less than 150% of the Laboratory Premisestotal estimated cost of the Initial Alterations, (iv) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by does not provide current financial statements reasonably acceptable to Landlord, and shall or (v) is not licensed as a contractor in the state/municipality in which the Premises is located. Tenant acknowledges the foregoing is not intended to be at Tenant’s sole expense and at such times and in such manner as an exclusive list of the reasons why Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or withhold its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received consent to a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madegeneral contractor.

Appears in 1 contract

Sources: Office Lease (Cambium Networks Corp)

Alterations. Following Except for any initial improvement of the Commencement DatePremises pursuant to Exhibit "D", which shall be governed by the provisions of said Exhibit "D", Tenant shall not make make, suffer or permit to be made any changes, additions, alterations, additions or improvements to or additions to of the Premises and Common Area or any part thereof, or attach any fixtures or affix any articles thereto equipment thereto, without first obtaining Landlord’s prior 's written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided that Landlord's consent shall not be required for interior, non-structural alterations which cost less than $5,000.00 and which do not materially affect building systems (changes to electrical, mechanical or life safety systems shall be deemed to materially affect building systems). All Any such alterations, improvements, and additions or improvements to the Premises (other than the Laboratory Premises) and Common Area (as permitted consented to by Landlord in accordance with this Paragraph) shall shall, at Landlord's option, be done only made by Landlord or contractors under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within fifteen (15) days after receipt of a statement. All such alterations, additions and improvements shall become Landlord's property at the expiration or mechanics approved by Landlord, earlier termination of the Term and shall be at Tenant’s sole expense remain on the Premises without compensation to Tenant unless Landlord elects by notice to Tenant when Landlord's consent thereto is given, to have Tenant remove such alterations, additions and at improvements, in which event, notwithstanding any contrary provisions respecting such times alterations, additions and improvements contained in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedSection 12.02 hereof, Tenant shall promptly restore, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against , the Premises and Common Area or to its condition prior to the Building arising out installation of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, additions and improvements, or additions, whether temporary or permanent in character, madenormal wear and tear excepted. Tenant shall have no obligation to remove any initial improvements to the Premises pursuant to Exhibit "D".

Appears in 1 contract

Sources: Lease Agreement (Atherogenics Inc)

Alterations. Following Concessionaire shall have the Commencement Dateright from time to time after the completion of the initial Concessionaire Improvements in accordance with the provisions of [Article VI.A.7 (Construction of Concessionaire Improvements) hereof, Tenant shall not and at Concessionaire's sole cost and expense, to make any changes, additions, alterations, improvements alterations and changes ("Alterations") in or additions to the Premises (except as hereinafter provided), provided Concessionaire shall not then be in default in the performance of any of Concessionaire's covenants or agreements in this Agreement; and Common Area or attach or affix any articles thereto without Landlord’s prior further provided that Substantial Alterations may be made only with the written consentconsent of the State, which consent shall not be unreasonably withheld, conditioned withheld or delayed. All alterations, "Substantial Alterations" means any Alterations (i) to infrastructure improvements, and additions (ii) to the structure of the Premises or any portion thereof, (iii) to other items required to be shown on the Concessionaire Improvement Plans for such Alterations or Substantial Alterations, as the case may be, and approved by State, or (iv) which would cost more than ten percent (10%) of the Laboratory Premises) and Common Area replacement cost of the Concessionaire Improvements. The provisions of (as permitted by Landlord in accordance with this ParagraphArticle VI.A.7 (Construction of Concessionaire Improvements) shall be done only by Landlord or contractors or mechanics approved by Landlord, apply to and shall be at Tenant’s sole expense complied with by Concessionaire as a condition to the performance of any Alteration or Substantial Alteration. The State's approval of the Concessionaire Improvement Plans for Alterations or Substantial Alterations, as the case may be, shall not be required for those aspects of the Concessionaire Improvement Plans to the extent such approval would not be required for initial Concessionaire Improvements. Furthermore, all Alterations and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which Substantial Alterations shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent subject to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madefollowing:

Appears in 1 contract

Sources: Concession Agreement

Alterations. Following Section 8.01. Tenant may, from time to time, at its expense, make such non-structural alterations ("Alterations") on and to the Commencement DateBuilding, as Tenant may reasonably consider necessary for the conduct of its business in the Building, provided and upon condition that: (a) the outside appearance of the Building shall not be affected without Landlord's consent which will not be unreasonably withheld or delayed; (b) the proper functioning of the mechanical, electrical, sanitary and other service systems of the Building shall not be adversely affected; (c) no more than seven days after completing Alterations, Tenant shall not make submit to Landlord complete "as-built" plans and specifications for the work done; (d) before proceeding with any changesAlterations which will cost (exclusive of the costs of decorating work) more than $250,000 multiplied by the sum of 1 and the product of 0.035 and the Lease Year number, additionsas estimated by a reputable contractor designated by Tenant (who, alterationsif the Alteration will affect the Structure or Building Equipment, improvements or additions will be subject to the reasonable approval of Landlord), Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New York and reasonably satisfactory to Landlord), each in an amount equal to 100% of such estimated cost and in form and substance reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord; (e) Tenant shall complete the Alterations in accordance with the filed plans; and (f) the Alterations, when completed, shall not require the issuance of a new Certificate of Occupancy. In instances wherein Landlord is required to approve Tenant's plans pursuant to this Section 8.01, Landlord shall be deemed to have approved such plans if Landlord does not comment within ten (10) days of its receipt of such plans. In the event that Landlord disapproves such plans, Landlord's notice shall set forth in reasonable detail the reasons for such disapproval. Section 8.02. Tenant may, from time to time, but in no event after Lease Year 15 (unless Tenant shall have agreed to restore the altered portion of the Demised Premises to the condition that existed prior to the Alteration when Tenant surrenders possession of the Demised Premises, if so required by Landlord), make structural alterations ("Structural Alterations") in and Common Area or attach or affix any articles thereto without Landlord’s to the Demised Premises for the conduct of its business at the Demised Premises, with the prior written consentconsent of the Landlord, which consent shall not be unreasonably withheldwithheld or delayed so long as (a) the height and bulk of the Building shall not be increased and the outside appearance of the Building shall not be affected; (b) Tenant shall have submitted to Landlord, conditioned or delayed. All alterationsfor approval, improvementscomplete plans and specifications for the work to be done (and Tenant shall not proceed with any work until Tenant has received Landlord's written consent); (c) the Structural Alterations, when completed, shall not require a material change in the use set forth in the Certificate of Occupancy (in this instance Landlord shall not unreasonably withhold its consent to such alteration unless such Alteration involves a material change in the Certificate of Occupancy); and additions to (d) Tenant shall pay Landlord, upon demand, the Premises (other than the Laboratory Premises) reasonable costs and Common Area (as permitted expenses incurred by Landlord in reviewing such plans and specifications and in inspecting such Structural Alterations to assure that they are being performed in accordance with this Paragraphthe plans and specifications and in accordance with applicable laws, ordinances and administrative requirements (whether federal, state or local). In addition, Tenant agrees that: (i) All such work shall be done only at Tenant's sole cost and expense. (ii) No such work shall damage, or impair access to, or the usefulness of, the Building. Tenant shall keep the Building and the adjoining sidewalks reasonably free from any accumulations of rubbish or debris and prevent any unreasonable accumulation of dirt, dust or annoyance as a result of the Structural Alterations. (iii) The Landlord, its architect and their agents and employees shall have the right, upon giving notice and at reasonable times, to enter upon the Demised Premises during the course of construction to inspect and determine whether the work conforms to the approved plans and specifications and the terms of this Lease. (iv) Tenant will cause the Structural Alterations to be promptly commenced and diligently completed in full compliance with all applicable laws, building codes, zoning resolutions, regulations and requirements of all government agencies having jurisdiction. (v) Prior to commencing the Structural Alteration if the cost will exceed $250,000 multiplied by the sum of 1 and the product of 0.035 and the Lease Year number, Tenant shall at Tenant's election, either: (a) deliver to Landlord a payment and performance bond issued by an insurance company qualified to do business in New York with a Best rating of A or better insuring that the work to be undertaken by Tenant shall be completed in accordance with the previously submitted plans and specifications and shall be fully paid; or (b) deliver to Landlord a clean, irrevocable letter of credit issued by a commercial bank in the City of New York, in an amount not less than the estimated cost (as determined by Landlord) of the Structural Alterations which Landlord may draw upon to defray the cost of completing such work. Any such letter of credit shall be replaced (if the work has not yet been completed) at least ten (10) days prior to its expiration date; (c) deliver to Landlord an amount equal to the cost (as determined by Tenant's contractor) of such Structural Alterations to hold as a security deposit, which fund shall be paid to Landlord to be used by Landlord or contractors or mechanics to defray the cost of completing the work. The said fund shall be deposited in an interest bearing account. Interest shall accrue within the account and be paid in accordance with the provisions hereof governing the payment of the principal; or (d) deliver to Landlord such other appropriate security as is reasonably acceptable to Landlord. Upon certification to Landlord by a licensed architect in the employ of Tenant (and approved by Landlord) to the effect that all such work has been completed and paid for in accordance with the approved plans and specifications, and either i) the delivery to Landlord of lien waivers duly executed by each of Tenant's contractors and sub-contractors; or ii) the expiration of the statutory lien period without any liens, being filed; or iii) the expiration of the statutory period for liens to be filed and the satisfactory bonding of, or securing by appropriate cash deposit or other appropriate means, any filed liens, Landlord shall surrender the bonds or letters of credit provided in paragraphs (a) or (b) above to Tenant for cancellation, or release to Tenant of all of its rights in and to said cash security funds, as the case may be. Landlord agrees that it shall review Tenant's plans and specifications within thirty (30) days of receipt and that Landlord's failure to respond to Tenant within said thirty (30) days shall be deemed Landlord's approval. In the event that Landlord disapproves such plans, Landlord's notice shall set forth in reasonable detail the reasons for such disapproval. Section 8.03. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations or Structural Alterations and for final approval thereof upon completion, and shall cause Alterations or Structural Alterations to be installed, performed, and completed in compliance therewith and with all applicable law and requirements of insurance bodies. Landlord shall cooperate with Tenant in obtaining such permits and certificates so long as there is no cost or expense to Landlord not paid by Tenant. Alterations shall be diligently performed in a good and workmanlike manner, using materials, and equipment at least equal in quality and class to the better of (i) the original installations of the Building, or (ii) the then standards for the Building established by Landlord. Landlord agrees that it will not arbitrarily or capriciously raise the standards for the Building during the Term. Structural Alterations and Alterations in or to the mechanical, elevator, electrical, sanitary, heating, ventilating, air-conditioning or other systems in the Demised Premises shall be performed only by the contractor (s) approved by Landlord. Landlord agrees not to unreasonably withhold or delay its consent to Tenant’s sole expense and at such times and 's choice of contractor(s). Alterations or Structural Alterations shall be performed in such manner as not to impose any additional expense upon Landlord in the construction, maintenance, operation or repair of the Building. If any such additional expense shall be incurred by Landlord as a result of Tenant's performance, Tenant shall pay such additional expense upon demand. Throughout the performance of Alterations or Structural Alterations, Tenant, at its expense, shall carry, or cause to be carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Demised Premises, under which Landlord and its agent shall be named as parties insured, in such limits as Landlord may reasonably approverequire, with insurers reasonably satisfactory to Landlord. Any work approved by Tenant shall furnish Landlord hereunder affecting with reasonably satisfactory evidence that such insurance is in effect before the Laboratory Premises may be performedcommencment of Alterations or Structural Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations or Structural Alterations. Section 8.04. Tenant’s option, by Tenant at its expense, and with diligence and dispatch, shall procure the cancellation or its contractors discharge of all notices of violation arising from or mechanics (otherwise connected with Alterations or Structural Alterations done for or supplied to Tenant, or any person claiming through or under Tenant, which shall be reasonably approved issued by Landlord)the Department of Buildings of the City of New York or any other New York City agency or public authority having or asserting jurisdiction. Tenant shall defend, at indemnify and save harmless Landlord from and against any and all mechanics' and other liens and encumbrances filed in connection with Alterations or Structural Alterations or any person claiming through or under Tenant’s sole cost , including, without limitation, security interests in any materials, fixtures or articles so installed in and expense. Any mechanics or materialman’s lien for which Landlord has received a notice constituting part of intent to file or which has been filed against the Premises and Common Area against all costs, expenses and liabilities incurred in connection with any such lien or encumbrance or any action or proceeding brought thereon. Tenant, at its expense, shall procure the Building arising out satisfaction or discharge of work done forrecord of all such liens and encumbrances within 45 days after the filing thereof. However, nothing herein contained shall prevent Tenant from contesting, in good faith and at its own expense, any notice of violation. Section 8.05. Landlord's approval or consent to Alterations or Structural Alterations shall not be deemed Landlord's agreement or acknowledgement that said Alterations or Structural Alterations comply with applicable laws, rules or regulations or insurance requirements; nor shall Landlord's approval or consent be deemed to be a waiver of compliance with applicable laws, rules, regulations, insurance requirements, or materials furnished to any other term or on behalf phrase of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethis Lease.

Appears in 1 contract

Sources: Lease Agreement (Young & Rubicam Inc)

Alterations. Following At least sixty (60) days prior to undertaking any material structural alteration, renovation, or remodeling of the Commencement DateImprovements ("Remodeling"), Tenant Lessee shall not make any changes, additions, alterations, improvements or additions submit plans for such Remodeling (the "Remodeling Plans") to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consentLessor for approval, which approval shall not be unreasonably withheld, conditioned withheld provided that such changes or delayed. All alterations, improvementsalterations (i) are consistent with the Plans and Specifications approved by Lessor, and additions (ii) do not result in a substantial or material change in the character or the facade of the Improvements existing as of the date of such alterations. Lessor shall either approve or disapprove any such Remodeling Plans within thirty (30) days after receipt of such plans from Lessee. PARKING LOT LICENSE Parking Lot License. On the Commencement Date of this Lease, the terms of this Article 10 shall constitute a Parking Lot License binding on the parties to this Lease. In addition to the parking located on the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) the approved Plans and Specifications, Lessee shall be done only entitled to parking under the terms of this Lease, said parking rights being solely for uses appurtenant to the use by Landlord or contractors or mechanics approved by Landlord, and Lessee of the Premises. Lessee shall be at Tenant’s sole expense entitled to the appurtenant nonexclusive use of up to 2,000 parking spaces after 5:00 p.m. local time on weekdays and at such times any time on Saturdays, Sundays and official UT Austin holidays on the UT Austin surface parking lots located [describe location], as more particularly described in such manner as Landlord may reasonably approveExhibit C ("Parking Tract"). Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, Lessee shall provide at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a least ____ days prior notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord▇▇▇'s designated representative of ▇▇▇▇▇▇'s intended use of the Parking Tract. All From time to time, Lessor may substitute other UT parking lots or parking garages for those described in Exhibit C by giving ninety (90) days prior notice to Lessee. In no event, however, shall such substitute parking lot(s) consist of less than 2,000 parking spaces in the aggregate. Parking privileges under this Parking Lot License shall benefit Lessee and Lessee's employees, agents, customers, guests, visitors, invitees, licensees, tenants, subtenants, and concessionaires. Lessee shall not have any right to erect or display any signs, make any alterations, improvementsadditions or modifications therein or thereto, or additions, whether conduct any business or activity on the Parking Tract other than erecting temporary or permanent in character, madesigns identifying the parking lots as available for event parking and charging parking fees as permitted herein.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Following After installation of the Commencement Dateinitial Tenant Improvements for the Premises, Tenant may, at its sole cost and expense, make alterations, additions, improvements and decorations to the Premises (“Alterations”) subject to and upon the following terms and conditions: a. Tenant shall not make any changesAlterations which: (i) affect any area outside the Premises including the outside appearance, additionscharacter or use of any portions of the Building or other portions of the Property; (ii) affect the Building’s roof, alterationsroof membrane, improvements any structural component or additions any base Building equipment, services or systems (including fire and life/safety systems), or the proper functioning thereof, or Landlord’s access thereto; (iii) in the reasonable opinion of Landlord, lessen the value of the Building or the Property; (iv) will violate or require a change in any occupancy certificate applicable to the Premises and Common Area Premises; or attach (v) would trigger a legal requirement which would require Landlord to make any alteration or affix improvement to the Premises, Building or other aspect of the Property. b. Tenant shall not make any articles thereto without Alterations not prohibited by Section 13.1(a), unless Tenant first obtains Landlord’s prior written consent, which consent Landlord shall not unreasonably withhold, provided Landlord’s prior approval shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, required for any Alteration that is not prohibited by Section 13.1(a) above and additions is of a cosmetic nature that satisfies all of the following conditions (hereinafter a “Pre-Approved Alteration”): (i) the costs of such Alteration do not exceed Three 00/100 Dollars ($3.00) per rentable square foot of the Premises; (ii) to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only extent reasonably required by Landlord or contractors or mechanics approved by Landlordlaw due to the nature of the work being performed, Tenant delivers to Landlord final plans, specifications, working drawings, permits and approvals for such Alterations at least ten (10) days prior to commencement of the work thereof; (iii) Tenant and such Alterations otherwise satisfy all other conditions set forth in this Section 13.1; and (iv) the making of such Alterations will not otherwise cause an Event of Default by Tenant under any provision of this Lease. Tenant shall be at provide Landlord with ten (10) days’ prior written notice before commencing any Alterations. In addition, before proceeding with any Alteration, Tenant’s sole expense contractors shall obtain, on behalf of Tenant and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s : (A) all necessary governmental permits and approvals for the commencement and completion of such Alterations, and (B) if the cost of such Alterations exceeds $25,000.00, a completion and lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done forindemnity bond, or materials furnished other surety satisfactory to Landlord for such Alterations. Landlord’s approval of any plans, contractor(s) and subcontractor(s) of Tenant shall not release Tenant or any such contractor(s) and/or subcontractor(s) from any liability with respect to such Alterations and will create no liability or responsibility on behalf Landlord’s part concerning the completeness of Tenant, its contractors such Alterations or subcontractors their design sufficiency or compliance with Laws. c. All Alterations shall be dischargedperformed: (i) in accordance with the approved plans, bonded overspecifications and working drawings, or otherwise satisfied if any; (ii) lien-free and in a first-class workmanlike manner; (iii) in compliance with all Laws; (iv) in such a manner so as not to unreasonably interfere with the occupancy of any other tenant, nor impose any additional expense upon nor delay Landlord in the maintenance and operation of the Building; (v) by licensed and bondable contractors and subcontractors selected by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended reasonably approved by Landlord, including and (v) at such times, in such manner and subject to such rules and regulations as Landlord may from time to time reasonably designate. d. Tenant shall pay to Landlord, as Additional Rent, the reasonable attorneys’ feescosts of Landlord’s engineers and other consultants for review of all plans, shall be paid by Tenant specifications and working drawings for the Alterations, within 10 ten (10) business days following after Tenant’s receipt of invoices either from Landlord or such consultants. In addition to such costs, Tenant shall pay to Landlord, within ten (10) business days after completion of any Alterations, a ▇▇▇▇ from construction supervision fee equal to five percent (5%) of the total cost of the Alterations and the actual, reasonable costs incurred by Landlord for any services rendered by Landlord’s management personnel and engineers to coordinate and/or supervise any of the Alterations to the extent such services are provided in excess of or after the normal on-site hours of such engineers and management personnel. All alterationsNotwithstanding anything contained in this subsection (d) to the contrary, improvementsTenant shall not be obligated to pay any construction supervision fee related exclusively to Alterations consisting solely of painting and/or the installation of new carpet and/or art. e. Throughout the performance of the Alterations, Tenant shall obtain, or additionscause its contractors to obtain, whether temporary or permanent workers compensation insurance and commercial general liability insurance in charactercompliance with the insurance provisions of this Lease. f. At Landlord’s sole cost and expense, madeLandlord shall install a bike rack at the Property in a location to be determined by Landlord.

Appears in 1 contract

Sources: Multi Tenant Office Lease (Trulia, Inc.)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions Subject to the Premises and Common Area or attach or affix any articles thereto without Landlord’s 's prior written consentapproval of plans ----------- and specifications, which approval shall not be unreasonably withheld, conditioned withheld or delayed, Tenant may make alterations and improvements to the Leased Premises reasonably necessary and appropriate for the conduct of Tenant's business. Tenant shall have no right to make any exterior or structural alterations to any building without Landlord's prior written consent. If Landlord consents to Tenant's proposed alterations, Landlord shall inform Tenant in connection with such consent whether Landlord will require Tenant to remove the proposed alterations and restore the Premises at the expiration of the term. All such alterations, improvementsadditions and improvements shall be at the sole cost and expense of Tenant. With the exception of any movable partitions, trade fixtures, appliances and equipment which may be installed with Landlord's consent, all such alterations, additions and improvements shall become the property of Landlord and shall remain in and be surrendered with the Premises as a part thereof at the termination of this Lease, without disturbance or injury, provided that, at Landlord's option (which option must be exercised at the time consent to such alteration is given as provided above), Tenant shall, at its expense, remove such alterations and restore the Premises to its pre-existing condition, normal wear and tear excepted, at the expiration or earlier termination of this Lease. If Tenant performs work on the Premises, Tenant agrees to comply with all laws, ordinances, rules and regulations of any authorized public authority. Tenant further agrees to defend, indemnify and save Landlord and its property free and harmless from lien, damage, loss or expense arising out of said work. Tenant shall have the right to construct on, or move additional structures or buildings onto, the Premises subject to thirty (30) days prior written notice to and approval by Landlord. Said buildings or structures shall be constructed in accordance with the Grant County Building. Code. Landlord's approval shall not be unreasonably withheld in light of the present use and type of buildings on the Premises. Tenant shall bear all costs and expenses associated with construction of said additional structures or buildings. Ownership of any buildings built and permanently attached to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by revert to Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approveTenant agrees to execute any documents necessary to convey title to said buildings to Landlord. Any work approved by Landlord hereunder affecting Ownership of structures moved to or constructed on the Laboratory Premises which may be performedreadily relocated shall remain with Tenant. Tenant shall have, the right to remove said movable structures at Tenant’s option, by Tenant or its contractors or mechanics any time upon thirty (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a 30) days prior written notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, Tenant shall not be charged any additional rent for the newly constructed or additions, whether temporary or permanent in character, mademoved structures.

Appears in 1 contract

Sources: Commercial Lease (Primex Technologies Inc)

Alterations. Following the Term Commencement Date, Tenant shall not make or cause to be made any changesalterations, additions, alterationsrenovations, improvements or additions installations in or to the Leased Premises and Common Area or attach or affix any articles thereto (“Alterations”) without Landlord’s prior written consent, which shall such consent will not be unreasonably withheld, conditioned condition or delayeddelayed by the Landlord. All alterationsTenant shall in no event make or permit to be made any Alterations that affect (i) any of the Building Systems, improvements(ii) the structural components of the Building including, without limitation, the roof, (iii) the exterior appearance of the Building, or (iv) the Tower Parking Garage or Common Parking Garage (collectively, the “Restricted Alterations”), without the prior written consent of Landlord, which may be granted or withheld in ▇▇▇▇▇▇▇▇’s sole and absolute discretion. Notwithstanding the foregoing, Tenant may make cosmetic Alterations within the Leased Premises that are not otherwise Restricted Alterations that cost up to One Hundred Thousand Dollars ($100,000.00) in the aggregate annually as long as such cosmetic Alterations comply with all applicable Laws, are consistent in appearance with the Operating Standard and such Alterations where practicable are removed, and additions any damage to the Leased Premises repaired as required hereunder, prior to the expiration of the Term; provided, however, that such repair and restoration obligation shall not apply to any cosmetic Alternations that are paint or carpet or floor finishes. If Landlord consents to any such Alterations by Tenant and such Alterations are Restricted Alterations, then Landlord shall have the right (other than but not the Laboratory Premisesobligation) in its sole discretion to manage or supervise such work and Common Area Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for overhead and administrative costs and expenses incurred in connection with the management or supervision of such work by Landlord, not to exceed two percent (as permitted 2%) of the hard costs of construction of any such Restricted Alterations. If, however, such Alterations are not Restricted Alterations, then Landlord shall have the right (but not the obligation) in its sole discretion to review the plans, specifications and design drawings with respect to such work, and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for the actual out of pocket costs incurred by Landlord not to exceed Five Thousand Dollars ($5,000.00). At any time Landlord approves any plans for Alterations the Landlord shall provide Tenant in accordance with this Paragraph) writing the description of any Alterations that Landlord shall be done only require Tenant to remove from the Lease Premises and restore the same to substantially the same condition upon the expiration Lease. Approval of the Alternations by Landlord or contractors or mechanics approved by Landlord, approval of Restricted Alterations shall not require Tenant to implement and shall be at Tenant’s sole expense perform the same and at such all times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting Tenant shall have the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien right to withdraw any plans for which Landlord has received a notice of intent Alterations to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeLeased Premises.

Appears in 1 contract

Sources: Office Lease Agreement (Calix, Inc)

Alterations. Following the Commencement Date, (a) Tenant shall not make any changesalterations, improvements, repairs, additions, alterationsinstallations, improvements or additions changes of any nature in or to the Premises (individually and Common Area or attach or affix any articles thereto collectively, "Alterations") without Landlord’s 's prior written consent, which consent shall not be unreasonably withheldwithheld or delayed more than ten (10) days after Landlord's receipt of Tenant's request for Landlord's consent. If written consent is obtained from Landlord, conditioned any construction undertaken by Tenant in or delayed. All alterations, improvements, and additions to the Premises (other than shall comply with all the Laboratory Premisesterms and provisions of Sections 7.9(b) and Common Area (as permitted 7.9(c). Unless otherwise agreed to in writing by Landlord in accordance with this Paragraph) and Tenant before such Alterations are made, all Alterations made by Tenant shall become the property of Landlord and a part of the realty and shall be done surrendered to Landlord upon the Expiration Date, Option Expiration Date or sooner termination of the Lease, or, at Landlord's election shall be removed before the last day of the Term after receiving ninety (90) days prior written notice from Landlord to Tenant or thirty (30) days after notice of Landlord's election is given to Tenant in the event of earlier termination of the Lease. All damage caused by such removal shall be repaired with all due diligence by Tenant at its sole cost and expense. (b) Tenant must utilize only bondable licensed contractors for any Alterations proposed to be made in or to the Premises. Tenant shall promptly provide Landlord with copies of bid solicitations and bids received for all such work. (c) Alterations whether installed by Tenant or Tenant's Representatives at any time prior to or during the Term shall be completed only in compliance with the following: (i) Except as to Alterations which are reasonably expected to cost less than Ten Thousand Dollars ($10,000.00), no work shall commence without (A) Landlord's prior written approval or written waiver of right to approve Tenant's contractor, (B) certificates of insurance acceptable to Landlord from a company or contractors or mechanics companies approved by Landlord, furnished to Landlord by Tenant's contractor, for general liability and automobile liability with limits of not less than $500,000.00 combined single limit, builder's risk insurance for the value at risk, workers' compensation as required, endorsed to include Landlord as an additional insured, (C) Landlord's prior written approval of detailed plans and specifications for such work which approval may not be unreasonably withheld or delayed more than ten (10) days after Landlord's receipt of Tenant's request for approval, and (D) with respect to any after Landlord's receipt of Tenant's request for approval, and (D) with respect to any work estimated to cost more the $30,000.00, procurement by Tenant or its contractor, if required by Landlord, of both a performance and labor and materials payment bond (or a single bond including such coverage) guaranteeing lien-free completion of the work of improvements. (ii) Notwithstanding Section 7.9(c)(i), all work on any Alterations shall be performed in conformity with a valid permit and all other applicable permits or licenses when and where required by cognizant government authority or agency, copies of which shall be furnished to Landlord before the work is commenced, and any work not acceptable to any governmental authority or agency having or exercising jurisdiction over such work, or not reasonably satisfactory to Landlord, shall be promptly corrected at Tenant’s 's sole expense cost and expense. Notwithstanding any failure by Landlord to object to any such work, Landlord shall have no responsibility thereof either to Tenant or to third parties. (iii) Notwithstanding Section 7.9(c)(i), all work or any Alterations shall be performed at such times time and in such manner as Landlord may reasonably approveschedule or designate. Any work approved Tenant shall pay to Landlord, subject to Tenant's prior written approval, any extraordinary costs incurred for monitoring any substantial changes to the Premises. (iv) Tenant shall reimburse Landlord subject to Tenant's prior written approval, for any extraordinary expense actually incurred by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by reason of faulty work performed by Tenant or its contractors, or by reason of delays caused by such work, or by reason of inadequate cleanup. (v) Tenant or its contractors will in no event be allowed to install plumbing, mechanical equipment, electrical wiring or mechanics fixtures, acoustical or integrated ceilings, or partitions, unless such installation is consistent with plans and specifications previously approved in writing by Landlord. (which vi) All data processing, photocopying, copying and other special electrical equipment shall have a separate duplex outlet and to the extent such equipment requires electrical power in excess of that allotted to the Premises, such equipment shall be reasonably approved installed only under the supervision of Landlord or its electrical contractor. Tenant assumes the risk of all damage, costs, and expense which is incurred by Landlord or other Premises tenants as the result of Tenant's installation of electrical equipment in the Premises without the supervision of Landlord or its electrical contractor. Tenant shall pay any additional costs on account of any increased support to the floor load necessary thereof or for any other equipment. (vii) Tenant or its contractors shall, before the commencement of any Alterations by Tenant in, on or around the Premises, give sufficient notice thereof to Landlord for Landlord)'s preparation, at Tenant’s sole cost posting and expenserecordation of any appropriate notices successor or similar provision of law. Any mechanics Within ten (10) days after substantial completion of any Alterations or materialman’s lien repairs, Tenant or its contractor shall file for record in the Office of the County Recorder in and for the county in which Landlord has received the Premises is located, a notice of intent completion as permitted by law. (viii) All Alterations shall conform to file or which has been filed against the Premises and Common Area or then applicable Building Standards. The Building Standards may be reasonably amended during the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier Term of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeLease.

Appears in 1 contract

Sources: Office Building Lease (Fair Isaac & Company Inc)

Alterations. Following Notwithstanding any provisions in this lease to the Commencement Datecontrary, the Tenant may place partitions, trade or other fixtures (including lighting fixtures), personal property, machinery, equipment and the like in the premises and may make such improvements and alterations therein and thereon as it may desire at its own expense, subject to the provision of the following subparagraphs. Tenant acknowledges that Landlord has conceded to Tenant the equivalent of $1,500,000 in "free-rent" in exchange for payment by Tenant for all the alterations and other work to be performed. All such work and installations (except personal property, fixtures [other than electrical fixtures], machinery and equipment) heretofore or hereafter made or installed by or for the Tenant shall become the property of Landlord and in case of damage or destruction thereto by fire or other causes, Landlord shall have the right to recover the value thereof as its own loss from any insurance company with which it has insured the same, or by separate claim, to claim an award in the event of condemnation. Subject to the provisions herein set forth, Tenant shall not be permitted to make any changes, additions, alterations, improvements or additions interior and non-structural alterations to the Premises and Common Area or attach or affix building at any articles thereto without time after the execution of this agreement after first obtaining written approval of the Landlord’s prior written consent, which approval shall not be unreasonably withheld, conditioned or delayed. All On or before February 1, 1995, Tenant shall be required to submit architectural working drawings and specifications with respect to interior, exterior and structural alterations, improvementsincluding electric and reflective ceiling plans, and additions upon receiving Landlord's approval, to obtain at Tenant's expense all necessary permits, insurance and approvals. Such plans shall indicate the location, total number of persons occupying the space and all equipment locations. Within seven (7) business days after delivery to Landlord of the architectural working drawings and specifications, Landlord shall submit to Tenant any reasonable comments Landlord may have with respect thereto. Tenant shall thereafter, within five (5) business days, resubmit to Landlord revised architectural working drawings and specifications incorporating Landlord's reasonable comments. Landlord's failure to respond within the time period set forth herein shall be deemed approval of Tenant's submission. Landlord shall have the right to approve or disapprove any proposed contractors in connection therewith (but such approval shall not be unreasonably withheld, conditioned or delayed) and Landlord shall designate on the drawings submitted which of said improvements shall remain after the termination of the lease and which shall be removed by Tenant at Tenant's expense. If Tenant desires, Landlord will obtain bids from three sub-contractors, recommended by Tenant or Landlord, and known to Landlord as reputable. All alterations [as shown on the drawings to be submitted to the Premises Building Department (if required)] costing in excess of $15,000 are to be performed by Landlord or its designee, on a construction management basis, at cost plus 10%, through subcontractors approved by Tenant and Landlord, provided the cost to perform any such work shall be no greater than the cost for same obtained from a reliable general contractor. This provision shall apply only so long as Landlord remains as Owner of the premises. Landlord may withhold approval of any contractor selected by Tenant provided the contract is in excess of $100,000, if such contractor fails to post, for the benefit of Landlord and Tenant, a completion bond in form and amount reasonably satisfactory to Landlord and further, to provide certificates of insurance and proof of payment of premiums thereon. Tenant shall maintain the building in the same condition as at present throughout the Term (other than reasonable wear and tear and damage by casualty) except for those items which are the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by responsibility of Landlord, and shall be at as hereinbefore enumerated. Upon receipt of Tenant’s sole expense and at such times and in such manner as 's plans, (not later than February 1, 1995), Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedwill, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien , contract for HVAC engineering drawings which will be designed in accordance with Tenant's architectural space plans, conforming with lease, whereby Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier assumes responsibility for design of the date Landlord receives (1) notice original installation and duct work distribution of intent to file a lien or (2) notice that Landlord's 14 rooftop units. Tenant is solely responsible for payment for the lien has been filed. If Tenant fails to dischargeinstallation of its HVAC work, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, computers and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madespecial equipment.

Appears in 1 contract

Sources: Lease Agreement (Cheyenne Software Inc)

Alterations. Following the Commencement Date(a) Borrower shall, Tenant or shall not make any changescause Mortgage Borrower or Operating Lessee, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlordobtain Lender’s prior written consentconsent to any alterations to any Improvements, which consent shall not be unreasonably withheldwithheld or delayed except with respect to alterations that would be reasonably likely to have a material adverse effect on Borrower’s, conditioned Mezzanine A Borrower’s, Mortgage Borrower’s or delayedOperating Lessee’s financial condition, the value of the Property or the Property’s Net Operating Income. All alterationsNotwithstanding the foregoing, improvementsLender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on Borrower’s, and additions Mezzanine A Borrower’s, Mortgage Borrower’s or Operating Lessee’s financial condition, the value of the Property or the Property’s Net Operating Income or are made pursuant to the Premises Approved Annual Budget, provided that such alterations are made in connection with (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements, or (c) alterations performed in connection with the Restoration of the Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement, (d) alterations set forth on Schedule IV hereto, (e) Required Repairs or (f) Replacements if there are sufficient reserves on deposit in the Replacement Reserve Fund to pay for such obligations. If the total unpaid amounts due and payable with respect to alterations to the Improvements at the Property (other than (I) such amounts to be paid or reimbursed by Tenants under the Laboratory PremisesLeases, (II) costs incurred in connection with the Restoration of the Property or (III) such amounts for which sufficient reserves are on deposit in the Required Repair Fund or the Replacement Reserve Fund) shall at any time exceed Fifteen Million and Common Area No/100 Dollars ($15,000,000.00) (the “Threshold Amount”), Borrower shall, or shall cause Mortgage Borrower or Operating Lessee to, obtain promptly deliver to Lender as permitted security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following (the “Alterations Deposit”): (A) cash, (B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and that, at Lender’s option, the Approved Rating Agencies have provided a Rating Agency Confirmation with respect to or (D) a Letter of Credit. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the Property (other than such amounts to be paid or reimbursed by Landlord Tenants under the Leases) over the Threshold Amount and Lender may apply such security from time to time at the option of Lender to pay for such alterations. (b) Each such Alterations Deposit shall be disbursed from time to time by Lender to Borrower for completion of the Alterations at the Property upon the satisfaction of the following conditions: (i) Borrower shall, or shall cause Mortgage Borrower or Operating Lessee to, submit a request for payment to Lender at least five (5) Business Days prior to the date on which Borrower requests that such payment be made, which request for payment shall specify the Alterations for which payment is requested, (ii) on the date such request is received by Lender and on the date such payment is to be made, no Event of Default shall be continuing, and (iii) such request shall be accompanied by an Officer’s Certificate (x) stating that the applicable portion of the Alterations to be funded by the requested disbursement have been completed in good and workmanlike manner and in accordance with this Paragraphall applicable Legal Requirements, the Approved Master Plan and the Development Agreement, such Officer’s Certificate to be accompanied by copies of paid invoices and any licenses, permits or other approvals by any Governmental Authority required in connection with the applicable portion of the Alterations, (y) identifying each contractor that supplied materials or labor in connection with the applicable portion of the Alterations to be funded by the requested disbursement and (z) stating that each such contractor has been paid in full upon such disbursement. Each Alterations Deposit shall be done only held by Landlord or contractors or mechanics approved Lender in an interest-bearing account and, until disbursed in accordance with the provisions of this Section 5.1.21, shall constitute additional security for the Debt and other obligations under the Loan Documents. Upon the completion of the Alterations in respect of which any Alteration Deposit is being held, Lender shall promptly return to Borrower any remaining portion of the Alterations Deposit upon the request of Borrower, provided that (i) on the date such request is received by LandlordLender and on the date such disbursement is to be made, and no Event of Default shall be at Tenantcontinuing and (ii) such request shall be accompanied by an Officer’s sole expense Certificate stating that the Alterations have been fully completed in good and at such times workmanlike manner and in accordance with all applicable Legal Requirements, such manner as Landlord may reasonably approve. Any work approved Officer’s Certificate to be accompanied by Landlord hereunder affecting copies of paid invoices and any licenses, permits or other approvals by any Governmental Authority required in connection with Alterations (to the Laboratory Premises may be performed, at Tenant’s option, extent not received by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost Lender in connection with prior disbursement requests) and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which stating that each contractor providing services in connection with the Alterations has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madefull.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Strategic Hotels & Resorts, Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions All alterations to the Premises and Common Area or attach or affix any articles thereto without shall require Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Landlord agrees to comment as to Tenant’s plans and specifications within ten (10) days of receipt of same, failing which, such plans and specifications shall be deemed approved. Promptly upon completion of any material alterations, Tenant shall furnish Landlord with an as-built set of plans therefore. All such alterations, additions or improvements become the property of Landlord immediately upon installation in the Premises and shall be conclusively presumed to have been conveyed by Tenant to Landlord under this Lease as a ▇▇▇▇ of sale, without compensation, allowance, or credit to Tenant. Tenant agrees to save Landlord harmless from any damage, loss, or expense arising from the construction of any alterations, additions and improvements and to comply with all laws, ordinances, rules and regulations. Upon termination of this Lease, all alterations, additions and improvements made in, to or on the Premises (including without limitation all electrical, lighting, plumbing, heating, air conditioning, and communications equipment and systems, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures unless excluded by written agreement annexed hereto), shall remain upon and be surrendered as a part of the Premises; provided however, upon Landlord's request Tenant shall remove its communications cabling and those additions, alterations, or improvements as specified by Landlord at the time Landlord approves such alteration, addition or improvements, and additions to repair and restore the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s 's sole cost and expense and at such times and in such manner as Landlord prior to expiration of the Term. Tenant may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord)install a backup generator, at Tenant’s sole cost cost, at a location and expensebased on specifications reasonably approved by Landlord. Any mechanics Tenant will be responsible to obtain any necessary permits or materialman’s lien approvals required to install the generator and for which Landlord has received a notice of intent ongoing repairs and maintenance. For additional terms related to file or which has been filed against the initial improvements to the Premises and Common Area or see the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeWork Letter attached as Exhibit E.

Appears in 1 contract

Sources: Office Lease (Trupanion Inc.)

Alterations. Following the Commencement Date, 8.01 Tenant shall not make any changesno alteration, additionsaddition or improvement in the Premises, alterations, improvements or additions to without the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consentconsent of Landlord, which shall not be unreasonably withheldand then only by contractors or mechanics and in such manner and time, conditioned or delayedand with such materials, as approved by Landlord. All alterations, improvements, and additions or improvements to the Premises (other than Premises, including air-conditioning equipment and duct work, except movable office furniture and trade equipment installed at the Laboratory Premises) and Common Area (as permitted by expense of Tenant, shall, unless Landlord elects otherwise in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by writing, become the property of Landlord, and shall be surrendered with the Premises, at the expiration or sooner termination of the term of this Lease. Except with respect to Tenant’s sole expense 's Initial Alteration Work (hereinafter defined), any such alterations, additions and at such times improvements which Landlord shall designate shall be removed by Tenant and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedany damage repaired, at Tenant’s option's expense, prior to the expiration of this Lease. Landlord shall make such designation at the time that consent to such alteration, addition or improvement is given provided that Tenant attaches, as part of its request for such consent, a separate written notice specifically referencing this provision and advising Landlord that Landlord is required to make such designation as part of any such consent given by Landlord hereunder. 8.02 Anything hereinabove to the contrary notwithstanding, Landlord will not unreasonably withhold or delay approval of written requests of Tenant to make nonstructural interior alterations, additions and improvements (herein referred to as "Alterations") in the Premises, provided that such Alterations do not affect utility services or its contractors plumbing and electrical lines or mechanics (which other systems of the Building and do not affect and are not visible from any portion of the Building outside of the Premises. All Alterations shall be reasonably approved by Landlord)performed in accordance with the following conditions: (i) Prior to the commencement of any Alterations costing more than $20,000.00 or requiring a building permit, Tenant shall first submit to Landlord for its approval detailed dimensioned coordinated plans and specifications, including layout, architectural, mechanical, electrical, plumbing and structural drawings for each proposed Alteration. Landlord shall be given, in writing, a good description of all other Alterations. (ii) All Alterations in and to the Premises shall be performed in a good and workmanlike manner and in accordance with the Building's rules and regulations governing Tenant Alterations. Prior to the commencement of any such Alterations, Tenant shall, at Tenant’s its sole cost and expense, obtain and exhibit to Landlord any governmental permit required in connection with such Alterations. Any mechanics or materialman’s lien In order to compensate Landlord for which its general conditions and the costs incurred by Landlord has received a notice in connection with Tenant's performance of intent Alterations in and/or to file or which has been filed against the Premises and Common Area (including, without limitation, the costs incurred by Landlord in connection with the coordination of Alterations which may affect systems or services of the Building arising out or portions of work done forthe Building outside of the Premises), or materials furnished Tenant shall pay to Landlord a fee equal to five (5%) percent of the cost of such Alterations (excluding (a) the costs of decorations, paint, and wallpaper and (b) Alterations performed by or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant in the Premises within ten the first one hundred fifty (150) days following the earlier of the date Landlord receives (1) notice of intent Term in order to file a lien or (2) notice that prepare the lien has been filedPremises for Tenant's initial occupancy thereof). If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, Such fee shall be paid by Tenant as Additional Rent hereunder within 10 ten (10) days following Tenant’s receipt of an invoice therefor. (iii) All Alterations shall be done in compliance with all other applicable provisions of this Lease and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990 and New York City Local Law No. 57/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos and other hazardous materials, which work, if required, shall be effected at Tenant's sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and with Landlord's rules and regulations thereon. Notwithstanding the foregoing, Landlord shall: (a) remove, enclose, encapsulate or otherwise manage to the extent required by applicable law any deteriorated asbestos or deteriorated asbestos-containing material (collectively, "Deteriorated ACM") located within the Premises; provided, however, that notwithstanding anything contained in this Lease to the contrary, Tenant shall remove, enclose, encapsulate or otherwise manage such Deteriorated ACM as required by applicable law to the extent that (i) Tenant (x) disturbed such Deteriorated ACM or caused such Deteriorated ACM to become friable by the performance of any work or Alterations in or to the Premises or (y) installed the same, or (ii) such Deteriorated ACM consists of vinyl asbestos tiles; and (b) prior to the Commencement Date, cure any violations of record with respect to the alterations and improvements existing within Premises not caused by Tenant. (iv) All work shall be performed with union labor having the proper jurisdictional qualifications. (v) Tenant shall keep the Building and the Premises free and clear of all liens for any work or material claimed to have been furnished to Tenant or to the Premises. (vi) Prior to the commencement of any work by or for Tenant, Tenant shall furnish to Landlord certificates evidencing the existence of the following insurance: (a) Workmen's compensation insurance covering all persons employed for such work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises. (b) Broad form general liability insurance written on an occurrence basis naming Tenant as an insured and naming Landlord and its designees as additional insureds, with limits of not less than $3,000,000 combined single limit for personal injury in any one occurrence, and with limits of not less than $500,000 for property damage (the foregoing limits may be revised from time to time by Landlord to such higher limits as Landlord from time to time reasonably requires). Tenant, at its sole cost and expense, shall cause all such insurance to be maintained at all time when the work to be performed for or by Tenant is in progress. All such insurance shall be obtained from a ▇▇▇▇ from company authorized to do business in New York and shall provide that it cannot be canceled without thirty (30) days prior written notice to Landlord. All alterations, improvementspolices, or additionscertificates therefor, whether temporary issued by the insurer and bearing notations evidencing the payment of premiums, shall be delivered to Landlord. Blanket coverage shall be acceptable, provided that coverage meeting the requirements of this paragraph is assigned to Tenant's location at the Premises. (vii) In granting its consent to any Alteration, Landlord may impose such conditions as to guarantee of completion (including, without limitation, requiring Tenant to post additional security or permanent a bond to insure the completion of such Alterations, payment, restoration or otherwise), as Landlord may reasonably require, in character, madethe event that either the net worth or ratio of current assets to current liabilities (exclusive of good will) of Tenant as of the date upon which such consent is requested is less than the net worth or ratio of current assets to current liabilities (exclusive of good will) of Tenant. (viii) All work to be performed by Tenant shall be done in a manner which will not interfere with or disturb other tenants and occupants of the Building.

Appears in 1 contract

Sources: Lease Agreement (Medix Resources Inc)

Alterations. Following the Commencement Date, The Tenant shall may not make any changes, additions, alterations, improvements interior or exterior changes or additions to the Premises and Common Area or attach or affix any articles thereto Rental Space without the Landlord’s prior 's written consent. Any changes or additions made without the Landlord's written consent shall be removed by the Tenant on demand. Tenant shall, subsequent to the effective date of this Lease but prior to fully occupying the Rental Space, submit to Landlord a written description of those improvements and alterations to the rental space which Tenant believes to be necessary to the successful operation of the full service bank branch office contemplated by this Lease. Landlord shall, within ten (10) days after the issuance of such description of improvements and alterations by Tenant, object in writing to any improvements and alterations which are not acceptable to Landlord. If Landlord does not object to those improvements and alterations to the Rental Space which are proposed by Tenant, then Landlord shall be deemed to have accepted Tenant's proposed improvements and alterations. If Landlord timely objects to those improvements and alterations to the Rental Space which are proposed by Tenant, Landlord and Tenant shall meet and make a good faith effort to reach agreement as to which of those improvements and alterations to the Rental Space which are proposed by Tenant are acceptable. Except as specifically provided to the contrary in this Lease, all changes or additions made with the Landlord's written consent shall become the property of the Landlord when completed and paid for by the Tenant. They shall remain as part of the Rental Space at the end of the Term without disturbance and without charge to the Landlord. The Tenant shall promptly pay for all costs of any permitted changes or additions. The Tenant shall not allow any mechanic's lien or other claim to be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises Building. If any lien or claim is filed against the Building, the Tenant shall have it promptly removed. All changes and Common Area alterations must conform to all applicable state and municipal ordinances and regulations. Tenant shall obtain, at its sole cost, all necessary approvals and permits to make any changes or the Building arising out additions and proof of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors any necessary approvals and permits shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following given to the earlier of the date Landlord receives (1) notice of intent prior to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy Tenant's making any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, changes or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Sources: Lease Agreement (Community Partners Bancorp)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, no alterations, improvements installations, changes or additions in or to the Premises and Common Area or attach or affix any articles thereto the Project (collectively, "Alterations") without Landlord’s 's prior written consent, which shall not to be unreasonably withheld, conditioned withheld or delayed, except that Landlord's consent may be withheld in its sole and absolute discretion with respect to Alterations that may affect the Project structure, systems, equipment and/or exterior. All alterationsNotwithstanding the foregoing, improvementsTenant may make strictly cosmetic changes to the finish work in the Premises, not including any changes affecting the Project structure, appearance, or systems and equipment, without Landlord's consent, provided that the aggregate cost of any such changes does not exceed Ten Thousand Dollars ($10,000.00) in any twelve (12) month period, and additions such changes do not require any substantial modifications to the Premises Premises. Tenant shall give Landlord at least ten (other than 10) days prior notice of such cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the Laboratory Premises) and Common Area (as permitted criteria contained in this Article 9. Any Alterations approved by Landlord must be performed in accordance with this Paragraph) shall be done the terms hereof, using only by Landlord or contractors or mechanics approved by Landlord, Landlord in writing and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved upon the approval by Landlord hereunder affecting in writing of fully detailed and dimensioned plans and specifications pertaining to the Laboratory Premises may Alterations in question, to be performed, at Tenant’s option, prepared and submitted by Tenant or at its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall cause all Alterations to be performed in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord has received a notice free and harmless from all liens and claims of intent to file or which has been filed against the Premises lien, and Common Area or the Building all other liability, claims and demands arising out of any work done for, or materials furnished material supplied to the Premises by or on behalf at the request of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy in connection with any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeAlterations.

Appears in 1 contract

Sources: Standard Office Lease (Auriga Laboratories, Inc.)

Alterations. Following the Commencement Date, 14.1 Tenant shall not make or allow to be made any changesalterations, physical additions, alterations, or improvements in or additions to the Leased Premises and Common Area or attach or affix any articles thereto (collectively, "Alteratinfzs") without first obtaining Landlord’s prior 's written consentconsent in each instance, which consent may be given or withheld in Landlord's sole discretion. At the time of said request, Tenant shall submit to Landlord plans and specifications of the proposed Alterations. Landlord shall have a period of not less than sixty (60) days in which to review and approve or disapprove said plans. Tenant shall pay upon demand the reasonable costs of Landlord's review of such plans and specifications, not to exceed One Thousand Dollars ($1,000.00). The contractor or person selected by Tenant to make Alterations must be unreasonably withheld, conditioned approved in writing by Landlord prior to commencement of any work. Such contractor or delayedperson shall carry insurance in forms and amounts reasonably satisfactory to Landlord and shall at all times be subject to Landlord's rules and regulations while in the Building. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Alterations shall be done only by Landlord or contractors or mechanics performed in full compliance with plans and specifications approved by Landlord, all applicable Laws and the requirements of the Board of Underwriters, Fire Rating Bureau or similar body. All Alterations shall be performed at Tenant’s 's sole cost and expense and (including reasonable costs for Landlord's supervision), at such times time and in such manner as Landlord may reasonably approvedesignate, and shall be promptly completed in a good and workmanlike manner. Any Tenant shall pay to Landlord its review and supervision costs upon billing by Landlord. Landlord's approval of the plans, specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all applicable Laws. 14.2 In addition to, and not in limitation of, the sixty (60) day period Landlord has to review Tenant's plans and specifications for the Alterations, Tenant shall give to Landlord at least fifteen (15) business days' prior written notice of commencement of construction of any Alterations. Landlord shall have the right to require that (a) any contractor hired by Tenant shall, prior to commencing work approved in the Leased Premises, provide Landlord with a performance bond and labor and materials payment bond in the amount of the contract price for the work, naming Landlord and Tenant (and any other persons designated by Landlord) as co-obligees, and that (b) any such contractor employ such labor as necessary to avoid any delay in or interruption to the progress of work undertaken in the Leased Premises or elsewhere in the Building due to union picket lines. Tenant's contractors shall not use any portion of the common areas of the Building for performance of the work unless Landlord's written consent is first obtained. The granting or withholding of such consent shall be at Landlord's sole discretion. 14.3 All Alterations, whether made by Tenant or Landlord or at either's expense, including, without limitation, all Tenant Improvement Work and all carpeting and fixtures of any kind, shall become a part of the Building immediately upon installation in the Leased Premises, and shall be and remain the property of Landlord, except for trade fixtures, office supplies and moveable furniture and furnishings placed on the Premises by Tenant that are removable without damage to the Building or the Leased Premises, which shall be subject to Section 16. Notwithstanding any other provisions of this Lease, upon Landlord's written request made within thirty (30) days prior to the expiration or termination of this Lease, Tenant at Tenant's sole cost and expense shall promptly remove any Alterations or Tenant Improvement Work (if any), designated by Landlord hereunder affecting to be removed, and promptly repair any damage to the Laboratory Premises may or the Building resulting from such removal. 14.4 Tenant shall be performedresponsible for the entire cost of the Alterations, at Tenant’s optionincluding any cost or expense of Landlord, relating to the interior of the Leased Premises, on account of the need to comply with the ADA (as defined in Section 33) or other Laws. Under no circumstances shall Landlord be responsible to Tenant or any third party for determining whether the Alterations comply with all applicable Laws, including the ADA, regardless of whether Tenant must obtain Landlord's approval of the Alterations or the plans and specifications therefor as a condition to making them. 14.5 Should any construction, alteration, addition, improvements or decoration of the Leased Premises, or moving into or out of Building, by Tenant or its contractors or mechanics (which interfere with harmonious labor relations at the Building, all such work shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied halted immediately by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any until such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madetime as construction can proceed without such interference.

Appears in 1 contract

Sources: Office Lease Agreement (MCB Financial Corp)

Alterations. Following the Commencement Date, Tenant shall not make any changesalterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (a) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Building’s Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer acceptable to Landlord. Landlord’s approval of any plans and specifications shall not be a representation or warranty that the plans or the work depicted thereon will comply with applicable Laws or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the work by Tenant. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (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 removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, alterationsand improvements shall be Landlord’s property when installed in the Premises; provided, improvements however, the following shall remain Tenant’s property: (a) furniture, movable equipment and other personal property that is not attached to the floors, walls, or additions ceiling of the Premises; and (b) any other fixture, equipment, or other item, regardless of the manner of attachment, that is used primarily in Tenant’s trade or business and that can be removed as a separate physical unit without damage to the Building and without interference with other tenants’ use and enjoyment of their leased premises. All work performed by Tenant on the Premises (including that relating to the installation, repair, replacement, or removal of any item) shall be performed in accordance with all applicable Laws and with Landlord’s specifications and requirements, in a good and workmanlike, lien-free manner, and so as not to damage or alter the Building’s Structure or the Premises. In connection with any such alteration, addition, or improvement, Tenant shall pay to Landlord an administration fee of five percent (5%) of all costs incurred for such work. Upon expiration of the Term or termination of Tenant’s right to possess the Premises, Landlord may require Tenant to remove alterations installed on the Premises by or at the request of Tenant, to repair any damage to the Premises caused by such removal, and Common Area to restore the Premises to good condition and repair, ordinary wear and tear excepted. If Landlord elects to require Tenant to remove any alterations, it may do so by delivering to Tenant written notice thereof at the time Landlord consented to the alteration or attach at any time thereafter. Landlord agrees that, upon Tenant’s written request, Landlord shall provide Tenant with confirmation of which alterations Landlord will require Tenant to remove upon expiration of the Term or affix any articles thereto without termination of Tenant’s right to possession of the Premises. Attached hereto as Exhibit “C” is a list of trade fixtures, equipment, or other items that shall remain the property of Tenant. Subject to Landlord’s prior written consentapproval, which shall not this list may be unreasonably withheld, conditioned or delayed. All alterations, improvements, updated as alterations and additions are made to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Sources: Lease Agreement (Lightwave Logic, Inc.)

Alterations. Following Tenant will not make or permit anyone to make any alterations, additions or improvements, structural or otherwise in or to the Commencement DateLeased Premises or the Building, without first obtaining the written consent of Landlord which consent may be granted or withheld in Landlord's sole and absolute discretion (other than minor cosmetic changes which do not exceed $15,000 in cost on each such occasion which Tenant may install without Landlord's consent following written notice to Landlord). In the event Landlord consents to any such alterations, etc., if required as aforesaid, the same shall be performed in accordance with plans and specifications approved in writing by Landlord, which approval shall not be deemed to assure compliance with code or other Requirements. In the event Landlord grants such consent and permits Tenant to contract out such work, such alterations shall be performed by adequately insured contractors approved by Landlord and in a good and workmanlike manner in accordance with all applicable Requirements. Landlord may inspect such work, in progress. In any event, Tenant shall not make indemnify and hold harmless Landlord from and against any changesand all costs, additionsexpenses, claims, liens and damages to person or property resulting from the making of any such alterations, decorations, additions or improvements in or additions to the Leased Premises or the Building requested by Tenant. Tenant shall not permit a mechanic's lien or liens to be placed upon the Leased Premises or the Building as a result of any alterations or improvements made by it and Common Area agrees, if any such lien be filed on account of the acts of Tenant, promptly to pay the same. In the event Tenant fails to pay any such lien, it may be paid by Landlord without releasing Tenant and the cost charged to Tenant as additional rent under this Lease. If any such alterations, decorations, additions or attach or affix any articles thereto improvements are made without Landlord’s the prior written consentconsent of Landlord, which Landlord may correct or remove the same and Tenant shall be liable for any and all costs and expenses incurred by Landlord in such removal. EXHIBIT C TYSONS II RULES AND REGULATIONS The following rules and regulations have been formulated for the safety and well-being of all tenants of the Building and are incorporated into and made part of the attached Lease (hereinafter, the "Lease"). Adherence to these rules and regulations insures that each and every tenant will enjoy a safe and un-annoyed occupancy in the Building. Landlord shall have the continuing right to amend or eliminate any of these rules and regulations, and also to adopt additional rules and regulations of like force and effect. Any such change shall be effective at the earlier of actual notice or five (5) days after delivery of written notice thereof to the Leased Premises by Landlord. Landlord may, upon request by any tenant, for good cause, waive the compliance by such tenant of any of the following rules and regulations, provided that (a) no waiver shall be effective unless signed by Landlord or Landlord's authorized agent, (b) any such waiver shall not relieve the tenant from the obligation to comply with such rule or regulation in the future unless expressly consented to by Landlord, and (c) no waiver of a rule or regulation granted to any tenant shall relieve any other tenant from the obligation of complying with the rule or regulation unless such other tenant has received a similar waiver in writing from Landlord. 1. The sidewalks, entrances, passages, and the parking, loading, and service areas, Common Areas, or other parts of the Building not occupied by any tenant shall not be unreasonably withheldobstructed or encumbered by any tenant or used for any purpose other than ingress and egress to and from the tenant's premises. Landlord shall have the exclusive right to control and operate the Common Areas, conditioned and the facilities furnished for the common use of the tenants of the Building, in such manner as Landlord deems best for the benefit of the tenants generally. No tenant shall permit the visit to its premises of persons in such numbers or delayedunder such conditions as to interfere with the use and enjoyment by other tenants of the Common Areas. Landlord shall in any cases retain the right to control or prevent access by any person whose presence, in Landlord's judgment, would be prejudicial or harmful to the safety, peace, character or reputation of the Building or of any tenant of the Building. 2. No awnings or other projections shall be attached to the outside walls of the Building without the prior written consent of Landlord. No drapes, blinds, shades, or screens shall be attached to or hung in, or used in connection with, any window or door of a tenant's premises, without the prior written consent of Landlord, except the blinds specified as building standard in Exhibit B of the Lease. If Landlord has installed or hereafter installs any shade, blind or curtain in any premises, no tenant shall remove it without first obtaining Landlord's written consent thereto. Approved blinds must be kept in the down position at all times but may be pivoted open or closed as chosen by each tenant. Any other awnings, projections, curtains, blinds, screens or other fixtures must be of a quality, type, design and color, and attached in the manner approved by Landlord. 3. No sign, advertisement, notice or other lettering shall be exhibited, installed, inscribed, painted or affixed by any tenant on any part of the outside or inside of the tenant's premises or any window thereof, or any part of the Building, including the rear entrance and loading areas, without the prior written consent of Landlord. In the event of the violation of the foregoing by any tenant, Landlord may remove same without any liability, and may charge the expense incurred by such removal to the tenant or tenants violating this rule. All alterationssigns, improvements, including interior signs on the doors and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) directory tablet shall be done only by Landlord or contractors or mechanics approved designed and installed by Landlord, and shall only identify each tenant and be at Tenant’s sole expense of a size, color and at such times and in such manner style acceptable to Landlord. Approved vending machines must be placed so as Landlord may reasonably approveto not be visible from outside of the Building. 4. Any work No fixtures, plumbing, electrical equipment, show cases or other items not shown on approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which plans shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics installed or materialman’s lien for which Landlord has received a notice affixed to any part of intent to file or which has been filed against the Premises and Common Area any tenant premises or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier exterior of the date Landlord receives (1) notice Building, nor placed in the Common Areas, without the prior written consent of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Sources: Office Lease Agreement (Condor Technology Solutions Inc)

Alterations. Following the Commencement Date, Tenant Subtenant shall not make any changes, additions, alterations, additions or improvements (collectively, "Alterations") in or additions to the Sublease Premises and Common Area or attach make changes to locks on doors or affix add, disturb or in any articles thereto way change any plumbing or wiring without Landlord’s obtaining the prior written consentconsent of Sublandlord and Master Landlord. Any Alterations must be done in full compliance with the provisions of Section 5.08 of the Master Lease and all other applicable provisions of the Master Lease; provided, however, that in all instances concerning Sublandlord's approval of Subtenant's Alterations, the time period in which Sublandlord shall not be unreasonably withheldhave to grant or withhold its consent to such Alterations shall equal One Hundred Fifty Percent (150%) (rounded up to the next full day) of the corresponding time period under the Master Lease (i.e., conditioned or delayedif Master Landlord has ten (10) business days to approve an Alteration, Sublandlord shall have fifteen (15) business days in which to approve the same Alteration). All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Alterations shall be done only made at Subtenant's sole cost and expense and by Landlord or contractors or mechanics approved by Sublandlord and Master Landlord, and shall be at Tenant’s sole expense and made at such times and in such manner as Landlord Sublandlord may reasonably approvefrom time to time designate, and shall become the property of Sublandlord without its obligation to pay for such Alterations. Any All work with respect to any Alterations shall be performed in a good and workmanlike manner, shall be of a quality equal to or exceeding the then existing construction standards for Building D and shall be constructed in compliance with all plans approved by Landlord hereunder affecting Sublandlord and Master Landlord. Alterations shall be diligently prosecuted to completion to the Laboratory end that the Sublease Premises may shall be performedat all times a complete unit except during the period necessarily required for such work. All Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, including all building codes and regulations and the ADA. Subtenant, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense, shall obtain any and all permits and consents of applicable governmental authorities (collectively "Permits") in connection with all Alterations. Any mechanics Subtenant shall be liable to Sublandlord and Landlord for the reasonable costs of any improvements to the Project and Building D (whether or materialman’s not on the Sublease Premises) which may be required as a consequence of Subtenant's Alterations. Before commencing any alterations, additions or improvements costing in excess of Fifty Thousand Dollars ($50,000), Subtenant, at Subtenant's cost, shall obtain and deliver to Sublandlord a performance bond and a labor and materials payment bond for the benefit of Sublandlord, issued by a corporate surety licensed to do business in California and acceptable to Sublandlord, each in the amount of One Hundred Twenty-Five Percent (125%) of the cost of the work in a form satisfactory to Sublandlord. No Work or interior improvements installed in the Sublease Premises may be removed unless the same are promptly replaced with Work or interior improvements of the same or better quality. Sublandlord hereby reserves the right to require any contractor, subcontractor or materialman working in or providing materials to the Sublease Premises to provide lien for which waivers and liability insurance covering the Alterations to the Sublease Premises. Subtenant shall give Master Landlord has received a and Sublandlord ten (10) days written notice prior to the commencement of intent any Alterations and shall allow Master Landlord and Sublandlord to file or which has been filed against enter the Sublease Premises and Common Area or the Building arising out of work done for, or materials furnished post appropriate notices to or on behalf of Tenant, its avoid liability to contractors or subcontractors material suppliers for payment for any Alterations. All Alterations shall remain in and be dischargedsurrendered with the Sublease Premises as a part thereof at the termination of this Sublease, bonded overwithout disturbance, molestation or otherwise satisfied by Tenant within ten days following injury, provided that each of Master Landlord and/or Sublandlord may require any Alterations to be removed upon termination of this Sublease in their sole and absolute discretion. In such event, all expenses to remove said Alterations and to restore the earlier of the date Landlord receives (1) notice of intent Sublease Premises to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, normal building standards shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeSubtenant.

Appears in 1 contract

Sources: Sublease (E Loan Inc)

Alterations. Following the Commencement Date, 15.01. Tenant shall not make any changes, additions, alterations, improvements alterations or additions to the Premises Demised Premises, or make any holes or cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Demised Premises, without on each occasion first obtaining the consent of Landlord. Tenant shall submit to Landlord plans and Common Area specifications for such work at the time Landlord's consent is sought. Notwithstanding anything to the contrary contained in this Lease, it is understood and agreed that Landlord shall not unreasonably withhold, condition or attach delay its consent to non-structural alterations and additions to the Demised Premises. Landlord's consent shall not be required for the decoration, painting and/or fixturing of the Demised Premises, or affix for any articles thereto non-structural work costing less than $20,000 and which does not require a building permit and which does not affect or tie-in to Building mechanical systems ("Decorative Work"). Tenant shall pay to Landlord not later than fifteen days after invoice or notice thereof the reasonable cost and expense of Landlord in (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all Legal Requirements, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose; provided, however, that (i) there shall be no charge in respect of Landlord’s prior written consent's Work or the initial Tenant's Work, (ii) Landlord shall not charge Tenant for any reviews or inspections performed by in-house personnel, and (iii) in all other instances Landlord shall use reasonable efforts to ensure that any such fees charged are only those necessary to complete the task. Before proceeding with any permitted alteration which will cost more than $50,000 (exclusive of the costs of decorating work and items constituting Tenant's Property), as estimated by a reputable contractor designated by Landlord, Tenant shall obtain and deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), each in an amount equal to 125% of such estimated cost and in form reasonably satisfactory to Landlord, or (ii) such other security as shall be reasonably satisfactory to Landlord. Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect of the adequacy, correctness or efficiency thereof or otherwise. 15.02. Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall cause alterations to be performed in compliance therewith and with all applicable Legal Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Except for Decorative Work, Alterations shall be performed by contractors first approved by Landlord, which approval shall not be unreasonably withheld, conditioned withheld or delayed. All alterations; provided, improvementshowever, and additions that any alterations in or to the Premises (mechanical, electrical, sanitary, heating, ventilating, air conditioning or other than systems of the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Building shall be done performed only by Landlord or contractors or mechanics the contractor(s) approved by Landlord, and which approval shall not be unreasonably withheld or delayed. Alterations shall be at Tenant’s sole expense and at such times and made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, maintenance, repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as a result of Tenant's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be carried, worker's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously (at least fifteen days prior thereto) have been furnished to Tenant shall be named as additional insureds, in such limits as Landlord may reasonably approverequire, with insurers reasonably satisfactory to Landlord. Any work approved by Tenant shall furnish Landlord hereunder affecting with reasonably satisfctory evidence that such insurance is in effect at or before the Laboratory Premises may be performedcommencement of alterations and, on request, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice reasonable intervals thereafter during the making of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Sources: Lease Agreement (Icon CMT Corp)

Alterations. Following Absent Landlord’s verbal consent, Tenant may make no alterations to the Commencement DateOffice. With Landlord’s verbal consent, Tenant, at T▇▇▇▇▇’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Landlord shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Landlord shall deliver duplicate or certified copies to Tenant of each and every one. Tenant shall carry and cause to be carried by each contractor and sub- contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall not make any changes, additions, alterations, improvements pay or additions cause to be paid or file a bond in the Premises and Common Area or attach or affix any articles thereto without Landlordamount stated in the mechanic’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises lien within thirty (other than the Laboratory Premises30) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), days of said filing at Tenant’s sole cost and expense. Any mechanics or materialmaninstallation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon T▇▇▇▇▇’s lien for which Landlord has received a notice surrender of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedsame. If Tenant fails to discharge, bond over, or otherwise satisfy any such lienHowever, Landlord may do so relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which L▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made

Appears in 1 contract

Sources: Office Lease (Nano Nuclear Energy Inc.)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions Any Alterations to the Premises and Common Area or attach or affix Premises, including any articles thereto without Landlord’s prior written consentof the Infrastructure Improvements, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense, and made in compliance with all applicable Laws and all reasonable requirements requested by Landlord. Any mechanics or materialman’s lien for Prior to starting work, Tenant shall furnish Landlord with plans and specifications (which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be dischargedin CAD format if requested by Landlord); names of contractors reasonably acceptable to Landlord; required permits and approvals; evidence of contractors and subcontractors insurance in amounts reasonably required by Landlord and naming Landlord, bonded overthe managing agent for the Buildings and such other persons or entities as Landlord may reasonably request, or otherwise satisfied as additional insureds; and any security for payment in performance and amounts reasonably required by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedLandlord. If Tenant fails to dischargeIn addition, bond over, or otherwise satisfy if any such lienAlteration requires the removal of asbestos, an appropriate asbestos disposal plan, identifying the proposed disposal site of all such asbestos, must be included with the plans and specifications provided to Landlord. Tenant shall reimburse Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be for any sums paid by Tenant Landlord for third party examination of ▇▇▇▇▇▇’s plans for Alterations. ▇▇▇▇▇▇▇▇ agrees to respond to ▇▇▇▇▇▇’s request for consent to any Alterations within 10 fifteen (15) days following Tenant’s receipt delivery of such request, accompanied by plans and specifications depicting the proposed Alterations (“Plans”) and a designation of Tenant’s general contractor (and major subcontractors) to perform such work. ▇▇▇▇ from ▇▇▇▇▇’s response shall be in writing and, if Landlord withholds its consent to any Alterations, Landlord shall specify in reasonable detail in Landlord’s notice of disapproval, the basis for such disapproval. All alterationsIf Landlord fails to timely notify Tenant of ▇▇▇▇▇▇▇▇’s approval or disapproval of any such Plans, improvements, or additions, whether temporary or permanent Tenant shall have the right to provide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the applicable Plans and contains the following statement in character, madebold and capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE

Appears in 1 contract

Sources: Lease Agreement

Alterations. Following the Commencement DateExcept for Permitted Alterations (as hereinafter defined), Tenant shall not make any changesalterations, additions or improvements to the Property or any part thereof, without obtaining Landlord’s prior written consent in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Any alterations, additions or improvements made by Tenant shall immediately become the property of Landlord and shall remain upon the Property in the absence of an agreement to the contrary. Tenant shall have the right to install on the Property such equipment, trade fixtures, and machinery as, in Tenant’s reasonable opinion, are reasonably necessary for Tenant to conduct its business in the Permitted Facility. Notwithstanding anything to the contrary contained in this Lease, Tenant shall be entitled to from time to time do any of the following without first obtaining Landlord’s prior written consent ( “Permitted Alterations”): remodel the interior of the Improvements and/or the exterior appearance of the Improvements or make any additions, alterations, improvements or additions other modifications to the Premises and Common Area Improvements that, on an individual basis, is anticipated to cost less than $1,000,000.00. Any alterations with a cost that exceeds or attach or affix any articles thereto without Landlord’s is reasonably expected to exceed $1,000,000.00 shall require the prior written consentapproval of Landlord, which shall not be unreasonably withheld, conditioned or delayed. All Tenant shall be required to provide written notice to Landlord of any alterations, improvementswhether Permitted Alterations or not. To the extent Landlord desires that any additions, and additions alterations, improvements or other modifications be removed from the Property upon expiration or termination of the Term, whether or not Landlord’s approval is otherwise required as to the Premises such additions, alterations, improvements or other modifications, within fifteen (other than the Laboratory Premises15) and Common Area (as permitted by Business Days after receipt of notice of such alterations, Landlord shall notify Tenant in accordance with this Paragraph) shall writing whether Landlord desires such alterations to remain or be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, removed by Tenant or at its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expenseexpense prior to Tenant’s vacation of the Property. Any mechanics improvements or materialman’s lien for which alterations made by Tenant without Landlord sending such determination shall not be required to be removed by Tenant, provided that Tenant has received a given Landlord written notice of intent to file such improvements or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied alterations as required by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethis subparagraph.

Appears in 1 contract

Sources: Master Lease Agreement (MedEquities Realty Trust, Inc.)

Alterations. Following (a) Except as otherwise provided in the Commencement DateWork Letter Agreement attached hereto as EXHIBIT "D", all installations and improvements now or hereafter placed on or in the Premises shall be subject to the provisions of this Paragraph 9 hereof and shall be for Tenant's account and at Tenant's cost land Tenant shall pay au valorem taxes and increased insurance thereon or attributable thereto), which cost shall be payable by Tenant to Landlord upon demand as additional rent. Such additional rent shall not be construed as including taxes assessed against improvements in the Premises which are subject to personal property taxes. Such personal property taxes shall remain the sole responsibility of the Tenant. (b) Tenant shall not make any changesalterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (1) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (2) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Building's Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's consent to performance of the work. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (i) do not alter the basic character of the Premises or the Building; (ii) do not overload or damage the same; and (ii) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, alterations, and improvements or additions to shall be Landlord's property when installed in the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayedPremises. All alterations, improvements, and additions to work performed by a Tenant Party in the Premises (other than including that relating to the Laboratory Premisesinstallations, repair, replacement, or removal of any item) and Common Area (as permitted by Landlord shall be performed in accordance with this Paragraphapplicable law and with Landlord's specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building's Structure or the Premises. (c) shall At least five (5) days prior to the commencement of any work permitted to be done only by persons requested Tenant on the Premises, the Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of the Colorado Revised Statues (1973). During any such work on the Premises, Landlord, or contractors or mechanics approved by Landlordits representatives, shall have the right to go upon and inspect the Premises at all reasonable times, and shall be at Tenant’s sole expense have the right to post and at keep posted thereon notices such times and in such manner as those provided for by section 38-22-105(2) C.R.S. (1973) or to take further action which Landlord may reasonably approve. Any work approved by Landlord hereunder affecting deem to be proper for the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by protection of Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against 's interest in the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madePremises.

Appears in 1 contract

Sources: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions additions, installations, or changes of any nature in or to the Premises (any of the preceding, “Alterations”) unless (i) Tenant first obtains Landlord’s written consent, (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 and the requirements of the attached Exhibit “C”, and (iii) Tenant pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other than the Laboratory Premises) and Common Area (as permitted consultants which reasonably may be incurred by Landlord in accordance with this Paragraphdetermining whether to approve any such Alterations. At least thirty (30) days prior to making any Alterations, Tenant shall be done only by Landlord or contractors or mechanics approved by submit to Landlord, and shall be at Tenant’s sole expense and at in written form, proposed detailed plans of such times and in such manner as Landlord may reasonably approveAlterations. Any work approved by Landlord hereunder affecting Tenant shall, prior to the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord)commencement of any Alterations, at Tenant’s sole cost cost, (i) acquire (and expense. Any mechanics or materialmandeliver 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 lien for which sole cost, in a prompt and expeditious manner), (ii) provide Landlord has received a with ten (10) days’ prior written notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date the installation of the Alterations is to commence, so that Landlord receives (1) can post and record an appropriate notice of intent non-responsibility, and (iii) obtain (and deliver to file 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 to 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 Alterations, by so notifying Tenant in writing on or about the Expiration Date or earlier termination of this Lease, in which event, Tenant shall, at its sole cost, on or before the Expiration Date or earlier termination of this Lease, repair and restore the Premises to the condition of the Premises prior to the installation of the Alterations which are to be removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanic’s and materialmen’s liens resulting from or relating to any Alterations or other construction. Tenant may, at its election, contest the correctness or validity of any such lien provided that (a) immediately on demand by Landlord, Tenant procures and records a lien release bond, issued by a corporation satisfactory to Landlord and authorized to issue surety bonds in the state in which the Premises are located, in an amount equal to one hundred fifty percent (150%) of the amount of the claim of lien, which bond meets the requirements of California Civil Code Section 3143 or any successor statute, and (2) notice that the lien has been filedb)Landlord may, at its election, require Tenant to pay Landlord’s attorneys’ fees and costs incurred in participating in such an action. If Tenant fails to discharge, bond over, or otherwise satisfy cause any such lienlien to be released within fifteen (15) days after imposition, by payment or posting of a proper bond, Landlord may do so at Tenant’s expense, and shall have the amount expended right (but not the obligation) to cause such release by Landlord, such means as Landlord deems proper. Tenant shall reimburse Landlord upon demand for all costs incurred by Landlord in connection therewith (including reasonable attorneys’ feesfees and costs), shall be paid with interest at the rate specified in Paragraph 28 from the date of payment by Tenant within 10 days following Landlord to the date of payment by Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Sources: Standard Retail Lease (1st Pacific Bancorp)

Alterations. Following Tenant shall make no changes in or to the Commencement DatePremises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements ("Alterations") which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the Premises by using contractors or mechanics from Landlord's approved list of contractors. Tenant agrees that all Alterations shall be performed by Tenant in accordance with Landlord's Uniform Rules and Regulations for Alterations. Tenant agrees to use Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any Alterations and to use Landlord's architect to file all plans with and obtain all required permits from appropriate governmental authorities. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of this Lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such items from the premises or upon removal of other installations as may be required by Landlord, Tenant shall not make immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any changes, additions, alterations, improvements or additions damage to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayedthe building due to such removal. All alterationsproperty permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, improvementsat the election of Landlord, and additions to either be retained as Landlord's property or may be removed from the Premises (other than the Laboratory Premises) and Common Area (as permitted premises by Landlord in accordance with this Paragraphat Tenant's expense. Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) shall be done only by Landlord or contractors or mechanics approved by Landlord, certificates of final approval thereof and shall be at deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant’s sole expense 's contractors and at sub-contractors to carry such times workmen's compensation, general liability, personal and in such manner property damage insurance as Landlord may reasonably approverequire. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s If any mechanic's lien for which Landlord has received a notice of intent to file or which has been is filed against the Premises and Common Area Premises, or the Building arising out of for work claimed to have been done for, or materials furnished to or on behalf of to, Tenant, its contractors whether or subcontractors not pursuant to this Article, the same shall be discharged, bonded over, or otherwise satisfied discharged by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to dischargethereafter, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s 's expense, and by filing the amount expended bond required by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madelaw.

Appears in 1 contract

Sources: Lease Agreement (Techsys Inc)

Alterations. Following Subject to the Commencement Dateprovisions of Section 10.1, upon the ----------- expiration of the Term, all Alterations, including, but not limited to, cabling, wall covering, paneling and built-in cabinetry, but excluding movable furniture, trade fixtures and office equipment ("Tenant's Property'"), shall become a part of the realty and belong to Landlord. Subject to the provisions of this Section ------- 9.2.1 upon the expiration or sooner termination of the Lease Term, Tenant ----- shall, at Tenant's expense, immediately remove any Alterations made by Tenant which are designated by Landlord to be removed. Tenant may request any time within the last one hundred eighty (180) days of the Lease Term that Landlord confirm in writing which Alterations shall be removed and if Tenant makes such written request and identifies this Section 9.2.1 and Landlord's obligation to ------------- respond, Landlord shall confirm the Alterations that Landlord will require to be removed in a written notice delivered to Tenant not less than ninety (90) days prior to the expiration of the Term. Tenant shall repair any damage to the Premises caused by such removal. Notwithstanding any provision of this Lease to the contrary, in no case shall Landlord have the right to require Tenant to remove or restore (and Tenant shall be entitled to leave the same in place in the Premises at the expiration or early termination of this Lease) any Alteration which both constitutes an improvement which is reasonably compatible with general business or office use in a first-class office project and is not the type of Alteration which would likely be unusable by or objectionable to most subsequent single floor office tenants in the Project. When requesting Landlord's consent to any Alteration, Tenant may also request by written notice, which notice shall reference this Section 9.2.1, that Landlord elect either: (i) ------------- that such Alterations will be removed at the end of the expiration or earlier termination of the Lease; or (ii) that such Alterations will remain with the Premises at the expiration or earlier termination of the Lease. Landlord shall make such election within thirty (30) days of such notice, which election shall be binding on Landlord, provided in the event Landlord does not respond within ten (10) days of receipt of such notice, Tenant shall have the right to deliver a second notice to Landlord requesting such election, and Landlord's failure to respond to such second notice within ten (10) days thereafter shall be deemed as Landlord's election to allow such Alterations to remain at the end of the Term. Notwithstanding the foregoing, Tenant shall not make any changes, additions, alterations, improvements or additions be required to remove the existing staircase between the third (3rd) and fourth (4th) floors of the Premises at the end of the Term, provided that if Tenant elects to renew the Lease with respect to one of the third (3rd) or fourth (4th) floors and Common Area or attach or affix any articles thereto without Landlord’s prior written consentnot the other, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) Tenant shall be done only by Landlord or contractors or mechanics approved by Landlord, obligated to remove such stairwell and shall be at Tenant’s sole expense restore the ceilings and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received floors relating thereto to normal condition of floors without a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madestaircase.

Appears in 1 contract

Sources: Office Lease (Aecom Merger Corp)

Alterations. Following Tenant, at its sole cost, may install necessary trade fixtures, equipment and furniture in the Commencement DatePremises (it being agreed that such installation shall not be deemed an Alteration), provided that the installation and removal of them will not affect any structural portion of the Project, any System or any other equipment or facilities serving the Project or any occupant. Except for any Alterations or Tenant Maintenance work that, in either instance, (a) does not exceed $10,000.00 in the aggregate, (b) is not visible from the exterior of the Premises, (c) does not affect any System or any structural components of the Project, and (d) does not require penetrations into, or work within, the floor, ceiling or walls, Tenant shall not make construct, nor allow to be constructed, any changes, additions, alterations, improvements Alterations or additions to Tenant Maintenance work in the Premises and Common Area or attach or affix any articles thereto on the Project without Landlord’s obtaining the prior written consentconsent of Landlord, which consent shall not be unreasonably withheld, conditioned . With respect to any Alterations or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted Tenant Maintenance work made by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant (whether or not it requires Landlord’s consent): (a) not less than 10 days prior to commencing any Alteration or Tenant Maintenance work, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration or Tenant Maintenance work, together with certificates evidencing that Tenant’s contractors and subcontractors have insurance coverage to Landlord’s reasonable satisfaction; (b) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor; (c) the Alteration or Tenant Maintenance work shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Applicable Laws and the plans and specifications delivered to and approved by Landlord; (d) the Alteration or Tenant Maintenance work shall be completed promptly after the commencement thereof and performed in accordance with Landlord’s reasonable requirements relating to sustainability and energy efficiency; (e) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary; and (f) upon Landlord’s request Tenant shall, prior to commencing any Alteration or Tenant Maintenance work, provide Landlord reasonable security against liens arising out of such construction. Upon completion, Tenant shall furnish Landlord with (i) “as-built” plans (in CAD format, if requested by Landlord) for Alterations, completion affidavits and full and final waivers of lien, and (ii) the warranties from Tenant’s contractor(s), which shall be for the benefit of Landlord as well as Tenant. Any Alteration by Tenant shall be the property of Tenant until the Lease Expiration Date; at that time Tenant, at its contractors sole cost, shall remove any Alteration(s) and repair all damage caused by the installation or subcontractors shall be dischargedremoval thereof and will restore the Premises or the Project to the condition existing prior to Tenant’s Alteration; provided, bonded overhowever, or otherwise satisfied at the Lease Expiration Date, and at Landlord’s sole option, without payment by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lienLandlord, Landlord may do so require Tenant to leave any Alteration(s) at Tenant’s expensethe Premises, and in which event they shall become the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt property of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made

Appears in 1 contract

Sources: Lease (AeroVironment Inc)

Alterations. Following Landlord acknowledges that the Commencement Datedevelopment / redevelopment of each respective Phase may entail or require the demolition of certain currently existing Buildings upon the Premises. Except for Building No. 1 on Phase I of the Premises, Landlord hereby recognizes and consents to the right of the Tenant to, upon delivery and acceptance by Tenant of possession of the Premises (except any portion thereof as may be retained by Landlord under the terms hereof) demolish any such existing Buildings pursuant to approved Final Plans therefor --- subject to those same requirements, conditions, and representations by Tenant as would be applicable under Section 9 for new construction. Once developed / redeveloped, Tenant shall have the right at any time, with respect to any completed Phase, to make such alterations, changes, or improvements in or to the interior of any Building(s) of the completed Phase as Tenant may deem necessary in the operation of the Premises; provided always, that no work done by Tenant shall materially and adversely affect the structural strength of any such Building(s) without the written approval of Landlord. However, Tenant shall not make any changesexterior or structural alterations to any developed / redeveloped Building upon any Phase, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior 's written consent, which consent shall not be unreasonably withheld, conditioned conditioned, or delayed, as long as said alterations or improvements will not materially diminish the value of the Phase and are, in general, architecturally harmonious with the remainder of the previously completed Phases of the Premises or the conceptual plans therefor as referenced earlier in this Lease. All If Landlord’s consent is required pursuant to this Section 13, Landlord shall have ten (10) business days after receipt of Tenant's plans to notify Tenant in writing whether Landlord approves or disapproves said plans. If Landlord disapproves Tenant's plans, Landlord shall set forth with specificity and detail the objections it has to the same, and the changes that are needed to make such work acceptable to Landlord. If Landlord fails to respond within the required time, Landlord will be conclusively deemed to have approved Tenant's plans therefor. For purposes of any plan review of and approval by Landlord for any such alterations, changes, or improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises review may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall made and approval may be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or given therefor on behalf of the Landlord (whether or not such review and approval involves a material deviation from any previous submittals of Tenant, its contractors ) by the Executive Director from time to time of the Landlord or subcontractors shall be discharged, bonded overhis or her designee unless said approval is either a legal requirement for Landlord, or otherwise satisfied unless Tenant requests, or the Executive Director elects, to have such approval instead made by the Board of Trustees of the Landlord, in which case the request for approval shall thereafter be considered and determined as soon as reasonably possible by the Board of Trustees of the Landlord. Any alterations made by Tenant within ten days following the earlier to any Phase of the date Landlord receives (1) notice Premises which are permanently attached to and made a part thereof shall have the title thereto and any deductions and/or credits applicable thereto treated in the same fashion and subject to the provisions of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeSection 11.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Following After the Commencement DateInitial Improvements are complete, except for non-structural improvements and alterations in the aggregate amount of $50,000.00 or less per improvement, Tenant shall not make or allow to be made any changes, additions, alterations, additions or improvements (“Alterations”) to the Premises without obtaining the prior written consent of Landlord, in ▇▇▇▇▇▇▇▇’s sole discretion. Tenant shall deliver to Landlord the contractor’s name, state license number, a certificate of liability insurance naming Landlord and, at Landlord’s option, Landlord’s Lender(s) as an additional insured, as well as full and complete plans and specifications of all such Alterations and any subsequent modifications or additions to the Premises such plans and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvementsspecifications, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) no proposed work shall be done only by Landlord commenced or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, continued by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which until Landlord has received a notice and given its written approval of intent to file each of the foregoing. Landlord shall either approve or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant disapprove any proposed Alteration within ten thirty (30) days following the earlier receipt of all of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expenseforegoing items, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a if ▇▇▇▇▇▇▇▇ fails to deliver notice of disapproval within thirty (30) days following receipt of all the foregoing items, ▇▇▇▇▇▇▇▇’s consent is deemed granted. Landlord’s consent or comments on any such plans shall not be deemed an express or implicit covenant or warranty that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any Laws, ordinances, or building codes. ▇▇▇▇▇▇ will indemnify, protect, defend and hold Landlord and the Indemnified Parties, and the Premises harmless for, from and against any loss, damage, liability, claims, cost or expense, including attorneys’ fees and costs, incurred as a result of any defects in design, materials or workmanship resulting from ▇▇▇▇▇▇’s Alterations to the Premises. All Alterations which are not permanently affixed to the Premises shall remain the property of Tenant, unless otherwise agreed in writing. At the expiration or termination of the Lease, Landlord may require Tenant to remove any partitions, counters, railings, telephone and telecommunications lines, cables, conduits and equipment and/or other improvements installed by Tenant, and Tenant shall repair all damage resulting from such removal or shall pay to Landlord all costs arising from such removal if Landlord demands the removal of such improvements upon expiration or termination of this Lease and Tenant fails to remove and repair the Premises prior to Tenant’s vacation thereof. All Alterations shall be done in a good and workmanlike manner and in compliance with the plans and specifications approved by Landlord and in compliance with all applicable Laws and as-built plans and specifications shall be provided to Landlord by Tenant upon completion of the work. If required by Landlord, Tenant shall secure at Tenant’s own cost and expense a completion and lien indemnity bond or other adequate security, in form and substance reasonably satisfactory to Landlord. All alterations, improvements, Tenant shall reimburse Landlord for Landlord’s reasonable charges (including any professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to time) for reviewing and approving or additions, whether temporary or permanent in character, madedisapproving plans and specifications for any proposed Alterations.

Appears in 1 contract

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

Alterations. Following Section 10.1 Tenant shall not at any time during the Commencement DateTerm make any alterations (including “Specialty Alterations” defined below) to the Premises without first obtaining Landlord’s written consent thereto, which consent Landlord shall not unreasonably withhold or delay; provided, however, that Landlord shall not be deemed unreasonable by refusing to consent to any alterations which are visible from the exterior of the Building or the Project including but not limited to signage, which will or are likely to cause any weakening of any part of the structure of the Premises, the Building or the Project or which will or are likely to cause damage or disruption to the Central Building systems or which are prohibited by any underlying ground lease or mortgage. “Specialty Alterations” are defined as alterations consisting of kitchens, executive bathrooms, raised computer floors, computer, telephone and telecommunications wiring and cabling in the Premises and Building, computer installations, supplemental air conditioning systems, safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, conveyors, dumbwaiters, and other alterations of a similar character which Landlord designates as Specialty Alterations by written notice delivered to Tenant when Landlord approves Tenant’s plans containing such alterations. Should Tenant desire to make any alterations to the Premises, Tenant shall not make any changes, additions, alterations, improvements or additions submit all plans and specifications for such proposed alterations to the Premises and Common Area or attach or affix any articles thereto without Landlord for Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvementsreview before Tenant allows any such work to commence, and additions to Landlord shall promptly approve or disapprove such plans and specifications for any of the Premises (reasons set forth in this Section 10.1 or for any other than the Laboratory Premises) reason reasonably deemed sufficient by Landlord. Tenant shall select and Common Area (as permitted use only contractors, subcontractors or other repair personnel from those listed on Landlord’s approved list maintained by Landlord in accordance with this Paragraph) shall be done only by the Project management office. Upon Tenant’s receipt of written approval from Landlord and any required approval of any mortgagee or contractors or mechanics approved by lessor of Landlord, and shall be at upon Tenant’s sole expense payment to Landlord of the reasonable costs incurred by Landlord for such review and at approval (including a reasonable fee for the actual time spent by employees of Landlord), Tenant shall have the right to proceed with the construction of all approved alterations, but only so long as such times alterations are in strict compliance with the plans and in such manner as Landlord may reasonably approve. Any work specifications so approved by Landlord hereunder affecting and with the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which provisions of this Article 10. All alterations shall be reasonably approved by Landlord), made at Tenant’s sole cost and expense. Any mechanics . Section 10.2 All construction, alterations, including Specialty Alterations, and repair work done by or materialman’s lien for which Landlord has received Tenant pursuant to any provision of this Lease shall (a) be performed in such a notice manner as to maintain harmonious labor relations; (b) not adversely affect the safety of intent to file the Project, the Building or which has been filed against the Premises or the systems thereof and Common Area not affect the Central systems of the Building; (c) comply with all building, safety, fire, plumbing, electrical, and other codes and governmental and insurance requirements; (d) not result in any usage in excess of building standard water, electricity, gas, or other utilities or of heating, ventilating or air-conditioning (either during or after such work) unless prior written arrangements satisfactory to Landlord are made with respect thereto; (e) be completed promptly and in a good and workmanlike manner; and (f) not disturb Landlord or other tenants in the Building. After completion of any alterations to the Premises, Tenant will deliver to Landlord a copy of “as built” plans and specifications depicting and describing such alterations. Section 10.3 All leasehold improvements, alterations, including Specialty Alterations, and other physical additions made to or installed by or for Tenant in the Premises shall be and remain Landlord’s property (except for Tenant’s movable fixtures and movable partitions, telephone and other equipment, computer systems, trade fixtures, furniture, furnishings, and other items of personal property which are removable without damage to the Premises or the Building arising out (“Tenant’s Property”)) and shall not be removed without Landlord’s written consent. Tenant agrees to remove, at its sole cost and expense, all of work done forTenant’s Property, and, if directed to or permitted to do so by Landlord in writing, all, or materials furnished any part of, the leasehold improvements, alterations, including Specialty Alterations, and other physical additions made by Tenant to the Premises, on or on behalf before the Expiration Date or any earlier date of Tenant, its contractors or subcontractors termination of this Lease. Tenant shall be discharged, bonded overrepair (which shall include closing up any slab penetrations in the Premises in a good and workmanlike manner), or otherwise satisfied promptly reimburse Landlord for the cost of repairing, closing any such slab penetrations and all damage done to the Premises or the Building by such removal. Tenant shall notify Landlord of its intention to effect the closing of any such slab penetrations at least 30 days prior to commencing such closings. Any leasehold improvements, alterations, including Specialty Alterations, or physical additions made by Tenant within ten days following which Landlord does not direct or permit Tenant to remove at any time during or at the earlier end of the date Term shall become the property of Landlord receives (1) notice at the end of intent the Term without any payment to file a lien or (2) notice that the lien has been filedTenant. If Tenant fails to dischargeremove any of Tenant’s Property by the Expiration Date or any sooner date of termination of the Lease or, bond overif Tenant fails to remove any leasehold improvements, alterations, including Specialty Alterations, and other physical additions made by Tenant to the Premises which Landlord has in writing directed Tenant to remove, Landlord shall have the right, on the fifth (5th) day after Landlord’s delivery of written notice to Tenant to deem such property abandoned by Tenant and to remove, store, sell, discard or otherwise satisfy any deal with or dispose of such lien, Landlord may do so at abandoned property in a commercially reasonable manner. Tenant shall be liable for all costs of such disposition of Tenant’s expenseabandoned property, and Landlord shall have no liability to Tenant in any respect regarding such property of Tenant. The provisions of this Section 10.3 shall survive the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt expiration or any earlier termination of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madethis Lease.

Appears in 1 contract

Sources: Lease Agreement (Advanced Life Sciences Holdings, Inc.)

Alterations. Following the Commencement Date, 8.01 Tenant shall not make any changesno decoration, additionsalteration, alterationsaddition or improvement in the Premises, improvements or additions to without the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, consent of Landlord which consent shall not be unreasonably withheld, conditioned or delayed, and then only by contractors or mechanics and in such manner and time, and with such materials, as reasonably approved by Landlord. All alterations, improvements, and additions or improvements to the Premises (other than Premises, including air-conditioning equipment and duct work, except movable office furniture and trade equipment installed at the Laboratory Premises) and Common Area (as permitted by expense of Tenant, shall, unless Landlord elects otherwise in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by writing, become the property of Landlord, and shall be surrendered with the Premises, at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approvethe expiration or sooner termination of the term of this Lease. Any work approved such alterations, additions and improvements which Landlord shall designate shall be removed by Landlord hereunder affecting the Laboratory Premises may be performedTenant and any damage repaired, at Tenant’s option's expense, by prior to the expiration of this Lease. Notwithstanding anything contained herein to the contrary, Tenant shall not be required to obtain Landlord's prior written consent or its contractors approval for any nonstructural, purely decorative, interior improvements to the Premises (including painting, carpeting or mechanics the installation of wall coverings) provided, however that said improvements do not consist of changes or modifications to any Building plumbing, electrical, air conditioning or other Building wide systems. 8.02 Anything hereinabove to the contrary notwithstanding, Landlord will not unreasonably withhold or delay approval of written requests of Tenant to make nonstructural interior alterations, decorations, additions and improvements (which herein referred to as "Alterations") in the Premises, provided that such Alterations do not affect utility services or plumbing and electrical lines or other systems of the Building and do not affect and are not visible from any portion of the Building outside of the Premises. All Alterations shall be reasonably approved by Landlord)performed in accordance with the following conditions: (i) Prior to the commencement of any Alterations costing more than $15,000.00, Tenant shall first submit to Landlord for its approval detailed dimensioned coordinated plans and specifications, including layout, architectural, mechanical, electrical, plumbing and structural drawings for each proposed Alteration. Landlord shall be given, in writing, a good description of all other Alterations. (ii) All Alterations in and to the Premises shall be performed in a good and workmanlike manner and in accordance with the Building's rules and regulations governing Tenant Alterations. Prior to the commencement of any such Alterations, Tenant shall, at Tenant’s its sole cost and expense, obtain and exhibit to Landlord any governmental permit required in connection with such Alterations. Any mechanics or materialman’s lien In order to compensate Landlord for which its general conditions and the costs incurred by Landlord has received a notice in connection with Tenant's performance of intent Alterations in and/or to file or which has been filed against the Premises and Common Area (including, without limitation, the costs incurred by Landlord in connection with the coordination of Alterations which may affect systems or services of the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier portions of the date Building outside of the Premises), Tenant shall pay to Landlord receives a fee equal to five (15%) notice percent of intent to file a lien or (2) notice that the lien has been filedcost of such Alterations. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, Such fee shall be paid by Tenant as Additional Rent hereunder within 10 ten (10) days following Tenant’s receipt of an invoice therefor. (iii) All Alterations shall be done in compliance with all other applicable provisions of this Lease and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990 and New York City Local Law No. 57/87 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law No. 76 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos and other hazardous materials, which work, if required, shall be effected at Tenant's sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and with Landlord's rules and regulations thereon. (iv) All work shall be performed by duly licensed and insured professionals whose presence at the Premises or the Building will not result in any labor unrest, dispute, slowdown, strike or disharmony whatsoever by labor rendering or scheduled to render services at or within, or delivering goods or materials to the Building, in which event Tenant shall immediately and permanently cease its use of the professional(s) whose presence at the Premises or the Building was the basis for such unrest, slowdown or strike. Notwithstanding anything contained herein to the contrary, if the use by Tenant of any contractor, subcontractor, vendor, supplier or any other party causes or threatens to cause or create any work stoppage, picketing, labor disruption, dispute or disharmony of any nature whatsoever, Tenant shall immediately discontinue the use of such party and take such other remedial measures as may be necessary in order to restore labor harmony. (v) Tenant shall keep the Building and the Premises free and clear of all liens for any work or material claimed to have been furnished to Tenant or to the Premises. (vi) Prior to the commencement of any work by or for Tenant, Tenant shall furnish to Landlord certificates evidencing the existence of the following insurance: (a) Workmen's compensation insurance covering all persons employed for such work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises. (b) Broad form general liability insurance written on an occurrence basis naming Tenant as an insured and naming Landlord and its designees as additional insureds, with limits of not less than $3,000,000 combined single limit for personal injury in any one occurrence, and with limits of not less than $500,000 for property damage (the foregoing limits may be revised from time to time by Landlord to such higher limits as Landlord from time to time reasonably requires). Tenant, at its sole cost and expense, shall cause all such insurance to be maintained at all time when the work to be performed for or by Tenant is in progress. All such insurance shall be obtained from a ▇▇▇▇ from company authorized to do business in New York and shall provide that it cannot be canceled without thirty (30) days prior written notice to Landlord. All alterations, improvementspolices, or additionscertificates therefor, whether temporary issued by the insurer and bearing notations evidencing the payment of premiums, shall be delivered to Landlord. Blanket coverage shall be acceptable, provided that coverage meeting the requirements of this paragraph is assigned to Tenant's location at the Premises. (vii) In granting its consent to any Alterations, Landlord may impose such conditions as to guarantee of completion (including, without limitation, requiring Tenant to temporarily post additional security or permanent a bond to insure the completion of such Alterations, payment, restoration or otherwise), as Landlord may reasonably require. (viii) All work to be performed by Tenant shall be done in charactera manner which will not interfere with or disturb other tenants and occupants of the Building. (ix) The review and/or approval by Landlord, madeits agents, consultants and/or contractors, of any Alteration or of plans and specifications therefor and the coordination of such Alteration work with the Building, as described in part above, are solely for the benefit of Landlord, and neither Landlord nor any of its agents, consultants or contractors shall have any duty toward Tenant; nor shall Landlord or any of its agents, consultants and/or contractors be deemed to have made any representation or warranty to Tenant, or have any liability with respect to the safety, adequacy, correctness, efficiency or compliance with laws of any plans and specifications, Alterations or any other matter relating thereto. (x) Promptly following the substantial completion of any Alterations, Tenant shall submit to Landlord: (a) one (1) sepia and one (1) copy on floppy disk (using a current version of Autocad or such other similar software as is then commonly in use) of final, "as-built" plans for the Premises showing all such Alterations and demonstrating that such Alterations were performed substantially in accordance with plans and specifications first approved by Landlord and (b) an itemization of Tenant's total construction costs, detailed by contractor, subcontractors, vendors and materialmen; bills, receipts, lien waivers and releases from all contractors, subcontractors, vendors and materialmen; architects' and Tenant's certification of completion, payment and acceptance, and all governmental approvals and confirmations of completion for such Alterations.

Appears in 1 contract

Sources: Lease Agreement (Fermavir Pharmaceuticals, Inc.)

Alterations. Following the Commencement Date, Tenant The Lessee shall not make any changesalterations, additions, alterationsinstallations, or improvements to the interior or additions exterior of the Demised Premises without the prior written consent of the Lessor, which Lessor shall not unreasonably withhold, delay or condition. Lessor shall not be deemed unreasonable for requiring additional cash security to bond the reasonably estimated future removal and restoration costs to be required by any such alterations that cost more than $50,000.00. Notwithstanding anything to the contrary provided herein, Lessee may make any decorative changes and any other non-structural alteration not affecting Building systems or structure without the need to obtain Lessor's consent or approval. For the purposes of this Lease, the term "decorative changes" shall mean alterations to the Premises which are purely decorative and Common Area aesthetic in nature, such as hanging of artwork, plaques and picture frames, painting, carpeting and such other decorative changes or attach alterations which do not involve any structural parts of the Building, do not involve the removal of any walls (or affix any articles thereto without Landlord’s prior written consentportion thereof), which shall and/or do not be unreasonably withheldinvolve changes or adjustments to the Building mechanical, conditioned plumbing, electrical or delayedHVAC systems or the like. All erections, alterations, improvementsadditions, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madewhich may be made upon or to the Demised Premises either by the Lessor or the Lessee, except furniture or movable trade fixtures installed at the expense of the Lessee, shall be the property of the Lessor and shall remain upon and be surrendered with the Demised Premises as a part thereof at the Termination Date, without compensation to the Lessee and without hindrance, molestation or injury. Notwithstanding the foregoing, Lessor shall have the right to require Lessee to remove such installations at Lessee's sole cost and expense at the expiration of the Term and restore the Premises to its original condition as of the Commencement Date at the Lessee's sole cost and expense, provided such removal requirement is contained within the written approval granted by Lessor. Any alterations made in violation of the provisions of this paragraph shall be subject to Lessor's right to have same removed and /or restored at any time including upon the expiration or sooner termination of the Lease. All other property of Lessee remaining on the Premises after the last day of the Term shall be conclusively deemed abandoned and may be removed by Lessor, and Lessee shall reimburse Lessor for the cost of such removal. Lessor may have any such property stored at Lessee's risk and reasonable expense.

Appears in 1 contract

Sources: Lease Agreement (Vyteris Holdings (Nevada), Inc.)

Alterations. Following 5.01 Prior to the Commencement Date, Tenant shall make no structural changes and/or alterations in or to the Demised Premises or affecting any Building system. From and after the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements (i) structural changes and/or alterations in or additions to the Demised Premises and Common Area or attach affecting any Building system, or affix any articles thereto alteration which can be seen from the exterior of the Building (a “Structural Alteration”), or (ii) non-structural alteration costing in excess of $200,000.00 per alteration or $1,000,000.00 in the aggregate every five (5) years (a “Major Non-Structural Alteration”), without Landlord’s prior written consent, which consent as to a Structural Alteration may be withheld or granted in Landlord’s sole discretion. However, Landlord shall not unreasonably withhold its consent to a Major Non-Structural Alteration. Landlord shall respond to T▇▇▇▇▇’s request for consent to a Structural Alteration or Major Non-Structural Alteration within thirty (30) days from receipt of Tenant’s written notice. Should Landlord fail to timely respond, Tenant may send a second reminder notice. Should Landlord fail to respond to the reminder notice within five (5) business days after receipt of same, L▇▇▇▇▇▇▇’s consent as to a Structural Alteration shall be deemed denied, but L▇▇▇▇▇▇▇’s consent to a Major Non-Structural Alteration shall be deemed granted. L▇▇▇▇▇▇▇’s consent shall not be unreasonably withheldrequired with respect to any Tenant’s Changes (as defined below) which are not Structural Alterations or Major Non-Structural Alterations (“Permitted Alterations”). Tenant’s signage and any non-structural alterations necessary to install same shall be deemed a Permitted Alterations provided same is in compliance with applicable laws and ordinances. Furthermore, conditioned Landlord shall cooperate with Tenant, at no cost to Landlord, with any application necessary to obtain building or delayedmonument signage approval. All alterations, improvements, Structural Alterations and additions to the Premises (other than the Laboratory Premises) and Common Area (as Major Non-Structural Alterations which shall be permitted by Landlord in accordance with this Paragraphand Permitted Alterations (as defined below) shall be done only accomplished by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended using contractors reasonably approved by Landlord. (Structural Alterations, including reasonable attorneys’ fees, Major Non-Structural Alterations and Permitted Alterations are collectively hereinafter referred to as “Tenant’s Changes”). All Tenant’s Changes requiring alterations to HVAC and/or electrical equipment shall be paid performed by Landlord’s contractors, provided such contractors charge a competitive market rate for Nassau County. All installations installed in the Demised Premises at any time shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises, unless Landlord, by written notice to Tenant within 10 no later than twenty (20) business days following Tenant’s receipt of a after T▇▇▇▇ from Landlord▇▇’s request for L▇▇▇▇▇▇▇’s consent to a Structural Alteration advises Tenant that the proposed Structural Alteration must be removed prior to the Expiration Date. All alterationsIn such event, improvementsthe same shall be removed by Tenant at Tenant’s expense prior to the Expiration Date. In the case of a Permitted Alteration, or additionsprior to commencement of same, Tenant shall provide Landlord with notice of its intention to perform a Permitted Alteration. Landlord shall, by written notice to Tenant no later than twenty (20) business days after receipt of T▇▇▇▇▇’s notice, advise Tenant whether temporary or permanent in character, madethe Permitted Alteration shall be removed by Tenant prior to the Expiration Date.

Appears in 1 contract

Sources: Lease Agreement (Dealertrack Technologies, Inc)

Alterations. Following the Commencement Date, Tenant shall not make or allow any changesalterations, additions, alterations, or improvements or additions to the Premises and Common Area or attach or affix any articles thereto part of the Premises (“Alterations”), without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed, subject to all the terms and conditions of this Lease. All alterationsLandlord may in its discretion withhold or condition approval of Alterations that affect the building systems or structure of the Building. Subject to the requirements of the Rules and Regulations attached as Exhibit D and the Tenant Construction Standards and Requirements attached as Schedule 1 to the Rules and Regulations, no Landlord consent shall be required for Tenant’s installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall either (a) cost more than Five Thousand Dollars ($5,000.00) in the aggregate, or (b) affect Building systems or the structure of the Building, and additions the repainting or recarpeting of the Premises, provided that Tenant provide Landlord seven (7) days notice prior to commencing such work. If and to the extent that any Alterations require improvements to the Premises or to the Building to comply with applicable Legal Requirement (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) “Compliance Improvements”), if Tenant elects to undertake such Alterations, Tenant shall be done only responsible for the payment of the costs of all such Compliance Improvements. All Alterations shall immediately become Landlord’s property and, at the end of the Term, shall remain on the Premises without compensation to Tenant, unless Landlord elects by Landlord or contractors or mechanics approved by Landlord, and shall be notice to Tenant at the time of installation to have Tenant remove any Alterations that are peculiar to Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice use of intent to file or which has been filed against the Premises and Common Area are not normally required or used by other tenants. In this event, Tenant shall bear the Building arising out cost of work done for, or materials furnished restoring the Premises to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following their condition prior to the earlier installment of the date Landlord receives (1) notice Alterations. All Alterations shall comply with the requirements of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, Rules and Regulations which are Exhibit D and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeConstruction Standards and Requirements which is Schedule 1 to the Rules and Regulations.

Appears in 1 contract

Sources: Office Lease (Java Detour Inc.)

Alterations. Following the Commencement Date, Tenant Borrower shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s obtain Lender's prior written consent, which consent shall not be unreasonably withheld, conditioned withheld or delayed. All alterations, improvements, and additions to any alterations to the Premises Improvements (including, without limitation, any alterations pursuant to the REA), the cost of which is reasonably anticipated to exceed $2,000,000 (the "THRESHOLD AMOUNT") or that will have a material adverse effect on Borrower's financial condition, the use, operation or value of the Property or the Net Operating Income with respect to the Property, other than (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease executed after the date hereof and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (it being understood that the foregoing provision shall not require Lender's consent to tenants' exterior signage pursuant to any Lease approved by Lender in accordance with the terms and provisions of this Agreement) or (c) alterations performed in connection with the restoration of the Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement. If Lender fails to respond to a request for consent under this Section 5.4.2 within ten (10) Business Days of receipt thereof, such consent shall be deemed granted, provided that such request shall have been accompanied by all information requested by Lender or reasonably necessary for Lender to evaluate such request and shall have clearly stated, in 14 point type or greater, that if Lender fails to respond to such request within ten (10) Business Days, Lender's consent shall be deemed to have been granted. If Lender refuses to grant such consent, Lender shall specify in writing the reasons for such refusal. Any approval by Lender of the plans, specifications or working drawings for alterations of the Property shall not create responsibility or liability on behalf of Lender for their completeness, design, sufficiency or their compliance with applicable laws. Lender may condition any such approval upon receipt of a certificate of compliance with applicable laws from an independent architect, engineer, or other Person reasonably acceptable to Lender. If the total unpaid amounts due and payable with respect to alterations to the Improvements (other than such amounts to be paid or reimbursed by tenants under the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this ParagraphLeases or paid from escrow accounts established hereunder) shall be done only by Landlord or contractors or mechanics approved by Landlordat any time exceed the Threshold Amount, Borrower shall promptly deliver to Lender as security for the payment of such amounts and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting additional security for Borrower's obligations under the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier Loan Documents any of the date Landlord receives following: (1) notice of intent to file a lien or cash, (2) notice that U.S. Treasury securities, (3) other securities having a rating acceptable to Lender and with respect to which the lien has been filed. If Tenant fails to discharge, bond overapplicable Rating Agencies have delivered a Rating Comfort Letter, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, (4) a Letter of Credit. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements (other than such amounts to be paid or reimbursed by Tenant within 10 days following Tenant’s receipt tenants under the Leases or from escrow accounts established hereunder) over the Threshold Amount. Upon completion of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent the alterations to the satisfaction of Lender in character, madeits reasonable discretion Lender shall promptly return to Borrower such additional security.

Appears in 1 contract

Sources: Loan Agreement (Maguire Properties Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changesinstallations, additions, alterations, improvements alterations or additions ("Alterations") in or to the Premises without submitting plans and Common Area or attach or affix any articles thereto without Landlord’s specifications ("Tenant's Plans") to Landlord and securing the prior written consentconsent of Landlord in each instance. Landlord will not unreasonably withhold condition or delay consent to any Alteration EXCEPT, HOWEVER, that Landlord may withhold its consent in its sole and absolute discretion to any Alterations, which will (a) alter or affect any portion of the Building's mechanical systems, service systems, structural components, facade, roof, or foundation; (b) detract from the use or character of the Building; (c) require amendment of any certificate of occupancy for the Premises or the Building; (d) interfere with the use or occupancy of Landlord or any other tenant in the Building; or (e) require the consent of any insurer under any required insurance or any other policy of insurance covering the Building. ▇▇▇▇▇▇▇▇ agrees to review and either approve or disapprove (and noting with such disapproval the specific items not approved) Tenant's Plans within ten (10) business days of Landlord's receipt of a complete set of Tenant's Plans. In the event Tenant's Plans are disapproved, Tenant shall revise and resubmit ▇▇▇▇▇▇'s Plans expeditiously and Landlord shall review the same and notify the Tenant of its approval or disapproval within five (5) business days thereafter in the same manner as required for the initial submittal. ▇▇▇▇▇▇▇▇'s approval shall not be unreasonably withheld conditioned or delayed. ▇▇▇▇▇▇▇▇'s authorized representative ("Landlord's Representative") for the purpose of ▇▇▇▇▇▇'s deliveries or to communications to Landlord shall be the Building General Manager, at the management office located in the Building. Tenant shall not commence any work in the Premises until Tenant's Plans have been approved. Such Alterations shall be done at the sole cost and expense of Tenant by contractors employed by Tenant, subject to Landlord's approval as to the qualifications of such contractor (which shall not be unreasonably withheld, withheld conditioned or delayed) and subject to all conditions Landlord may impose including, conditions which will assure Landlord that all work will be performed lien free, that adequate insurance coverage is provided, and that all contractors (and all subcontractors) employed by Tenant shall agree to employ only such labor as will not result in jurisdictional disputes or strikes or cause disharmony with other workers employed at the Building. All alterations, improvementsAlterations shall be constructed in a good and workmanlike manner and only new and good grades of material shall be used, and additions shall comply with all insurance requirements, and with all Laws. Tenant shall promptly pay Tenant's contractors for such Alterations. Tenant shall permit ▇▇▇▇▇▇▇▇'s Representative (and an architect or engineer designated by Landlord) to observe all construction operations within the Premises performed by ▇▇▇▇▇▇'s contractor, provided that no supervision fee shall be charged by Landlord other than reimbursement of Landlord's direct out-of-pocket costs. Such observation by persons on behalf of Landlord shall be solely and only for the benefit of Landlord. Tenant shall pay to the Landlord the cost of any materials purchased from Landlord at Landlord's actual invoice cost for said items or the cost of any labor of employees of Landlord performing work or providing service to Tenant, based on Landlord's customary charges. Tenant shall not be charged for hoisting. No silence or statement by any person acting on behalf of Landlord shall be deemed or construed as an assumption by said persons or Landlord of any responsibility for or in relation to the construction of the Premises or any guarantee that the work completed within the Premises complies with Laws, complies with ▇▇▇▇▇▇'s Plans, or is suitable or acceptable to the Tenant for Tenant's intended business purposes. The cost of all work necessary to build out all of the Premises (including, but not limited to, all labor, material, permits and working drawings and design costs) shall, be the responsibility of Tenant, except for any required contribution of Landlord expressly provided for in this Lease. Tenant shall furnish to Landlord prior to commencement of Alterations, all building permits (or other than documentation required by the Laboratory PremisesCity of Chicago to commence work) and Common Area other permits and certificates required by any Government Entity in connection with the Alterations and all certificates of required insurance and bonds, and within thirty (30) days of completion of any Alteration, any building or other permits not previously furnished, "as built" plans and specifications, if any, contractor's affidavits and full and final waivers of lien covering all labor and material expended and used. If Tenant has applied for a building permit but one has not been issued by the time work must commence solely due to delays in the City of Chicago Building Department review process, Tenant shall provide self-certification to Landlord as permitted by under applicable City of Chicago codes and ordinances and furnish Landlord a copy of the permit when received. Tenant shall hold Indemnitee harmless from all claims, costs, damages, liens and expenses which may arise out of or be connected in accordance any way with this Paragraph) said installations, alterations or additions. If the estimated cost of any Alteration exceeds one hundred thousand dollars ($100,000.00), before commencing any work with respect to such Alteration, Tenant shall be done only by deliver to Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedfollowing, at Tenant’s option's sole expense, each in form satisfactory to Landlord and each issued by Tenant or its contractors or mechanics (which shall be reasonably an insurer previously approved in writing by Landlord), at Tenant’s sole cost : insurance policies for each contractor for coverage and expenseamounts reasonably satisfactory to Landlord which policies shall name the parties set forth in Section 25C as additional insureds. Any mechanics or materialman’s lien for which Landlord has received a notice of intent Tenant shall cause all work to file or which has been filed against be undertaken under the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt supervision of a ▇▇▇▇ from licensed architect or licensed professional engineer reasonably satisfactory to Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Sources: Lease Agreement (Northern Trust Corp)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than collectively, the Laboratory “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord’s consent to any Alterations if the desired Alterations: (i) will affect the Building’s Systems or Building’s Structure; or (ii) will require the filing of plans and Common Area specifications with any governmental or quasi-governmental agency or authority; or (as permitted iii) will cost in excess of Five Thousand Dollars ($5,000.00). Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a ▇▇▇▇ for all of Landlord’s actual out-of-pocket costs incurred in accordance connection with this Paragraph) any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be done only made by Landlord or contractors or mechanics approved by Landlord, and shall be Tenant at Tenant’s sole cost and expense and at by a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such times amounts and in such manner form as Landlord may reasonably approverequire. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Premises, as applicable, in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or its contractors or mechanics (which sooner termination of this Lease, except Tenant shall be reasonably approved upon demand by Landlord), at Tenant’s sole cost and expense. Any mechanics , remove all or materialman’s lien for any portion of any Alterations made by Tenant which are designated by Landlord has received a notice of intent to file or which has been filed against be removed and repair and restore the Premises in a good and Common Area or the Building arising out of work done forworkmanlike manner to their original condition, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, reasonable wear and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madetear excepted.

Appears in 1 contract

Sources: Industrial Lease (Middleton Doll Co)

Alterations. Following the Commencement Date, Tenant shall make no changes in or to the demised premises of any nature without Owner's prior written consent.1 Subject to the prior written consent of Owner, and to me provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not make affect utility services or plumbing and electrical lines, in or to the interior of the demised premises, by using contractors or mechanics first approved in each instance by Owner.2 Tenant shall, before making any changesalterations, additions, alterations, improvements installations or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, at its expense, obtain all permits, approval and additions to the Premises certificates required by any governmental or quasi-governmental bodies and (other than the Laboratory Premisesupon completion) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlordcertificates of final approval thereof, and shall be at deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry, and will cause Tenant’s sole expense 's contractors and at sub-contractors to carry, such times worker's compensation, commercial general liability, personal and in such manner property damage insurance as Landlord Owner may reasonably approverequire. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s If any mechanic's lien for which Landlord has received a notice of intent to file or which has been is filed against the Premises and Common Area demised premises, or the Building arising out building of which the same forms a part, for work claimed to have been done for, or materials furnished to or on behalf of to. Tenant, its contractors whether or subcontractors not done pursuant to this article, the same shall be discharged, bonded over, or otherwise satisfied discharged by Tenant within ten thirty days following thereafter, at Tenant's expense, by payment or filing a bond as permitted by law All fixtures and all paneling, partitions, railings and like installations, installed in the earlier demised premises at any time, either by Tenant or by Owner on Tenant's behalf shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed to the demised premises by Tenant prior to the expiration of the date Landlord receives (1) notice of intent lease, at Tenant's expense. Nothing in this article shall be construed to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond overgive Owner title to, or otherwise satisfy to prevent Tenant's removal of, trade fixtures, moveable office furniture and equipment, but upon removal of, same from the demised premises Or upon removal, of other installations as may be required by Owner, Tenant shall immediately, and at its expense, repair and restore the demised premises to the condition existing prior to any such lieninstallations, Landlord and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the demised premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner either be retained as Owner's property or may do so be removed from the demised premises by Owner, at Tenant’s 's expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Sources: Office Lease (Emerging Vision Inc)

Alterations. Following Those alterations identified on the Commencement Dateattached Exhibit C and any non-structural alterations (together the “Non-Structural Alterations”) required to accommodate Tenant’s manufacturing process during the term of the Lease do not need Landlord approval as provided in this Section 13 (however, Exhibit C contains its own approval process). Tenant shall not make any changes, additions, structural alterations, additions or improvements (“Structural Alteration”) in, on or additions to the Premises or any part thereof without delivering to Landlord the plans and Common Area or attach or affix any articles thereto without specifications therefor and obtaining the express, prior written consent of Landlord. Landlord’s prior written consent, which consent to any Structural Alteration shall not be unreasonably withheldwithheld and Landlord shall provide its approval or specify the reasons for its rejection within ten (10) business days, conditioned however, if Landlord does not provide Tenant with a rejection of the submitted plans (or delayed. All alterationsany resubmissions of plans) within said ten (10) business days, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted then Tenant’s plans most recently submitted shall be deemed approved by Landlord.. Tenant shall pay for all reasonable costs incurred by Landlord in accordance with this Paragraph) considering any request for consent to any proposed Structural Alteration project, including, without limitation, any architect, engineer, or attorney fees, up to a maximum of Two Thousand Five Hundred Dollars ($2,500), per project. Any Non-Structural Alteration or approved Structural Alteration shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be made at Tenant’s sole own cost and expense and at in a good and workmanlike manner in accordance with the laws, ordinances and codes relating thereto and free from any claim or claims for construction liens, and Tenant shall indemnify and hold Landlord harmless from and against any and all claims, liens, costs and expenses on account of such times work. Upon completion of any Structural Alteration, Tenant shall provide Landlord with a copy of the as-built plans and in blueprints for the same if such manner Structural Alteration materially differs from the original plans submitted. Normal and customary decorating and redecorating of the Premises shall not require Landlord’s approval as long as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises provided reasonable notice and Common Area or the Building arising out of work done forit does not affect Landlord’s operations, fire safety, insurability, or materials furnished to or on behalf of Tenantuse by other tenants and their customers, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expenseinvitees, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeagents.

Appears in 1 contract

Sources: Lease (Alliance Laundry Corp)

Alterations. Following the Commencement Date, Tenant shall not make any changesalterations, improvements, additions, alterationsinstallations, improvements or additions changes of any nature in or to the Premises and Common Area or attach or affix (any articles thereto of the preceding, "Alterations") without Landlord’s 's prior written consent, consent which consent shall not be unreasonably withheld. At least 15 days prior to making any Alterations, conditioned Tenant shall submit to Landlord, in written form, proposed detailed plans of such Alterations. Tenant shall, prior to the commencement of any Alterations, at Tenant's sole cost, (i) acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant's sole cost, in a prompt and 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 delayedinvolved with such Alterations (which insurance Tenant shall maintain in force until completion of the Alterations). All alterationsAlterations shall upon installation become the property of Landlord and shall remain on and be surrendered with the Premises on the Expiration Date, improvementsexcept that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing on or before the Expiration Date, in which event, Tenant shall, at its sole cost, on or before the Expiration Date, repair and additions restore the Premises to the condition of the Premises (prior to the installation of such Alterations to be removed. Tenant shall pay all costs for Alterations and other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall construction done or caused to be done only by Landlord Tenant. Tenant shall keep the Premises free and clear of all mechanics' liens resulting from Alterations or contractors other construction. Tenant may, at its election, contest the correctness or mechanics approved validity of any such lien provided that (a) immediately on demand by Landlord, Tenant procures and shall be records a lien release bond, issued by a corporation satisfactory to Landlord and authorized to issue surety bonds in the state in which the Premises are located, in an amount equal to 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 Tenant’s sole expense its election, require Tenant to pay Landlord's attorneys' fees and at such times and costs in participating in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madean action.

Appears in 1 contract

Sources: Lease (Paramark Enterprises Inc)

Alterations. Following Tenant shall make all additions, improvements and alterations (hereinafter "Alterations") on the Commencement DateLeased Premises, and on and to the appurtenances and equipment thereof, required by any governmental authority or which may be made necessary by the act or neglect of any persons, firm or corporation, public or private. Except as provided in the immediately preceding sentence, Tenant shall not create any openings in the roof or exterior walls, or make any changes, additions, alterations, improvements or additions other Alterations to the Leased Premises and Common Area or attach or affix any articles thereto without Landlord’s 's prior written consent, which consent Landlord may, in its discretion, withhold. As to any Alterations which Tenant is required hereunder to perform or to which Landlord consents, such work shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord performed strictly in accordance with this Paragraphplans and specifications therefor first approved in writing by Landlord or, at Landlord's option (exercised by notice in writing from Landlord to Tenant given within ten (10) days after Landlord receives Tenant's plans and specifications), such work shall be done only performed by Landlord employees of or contractors or mechanics approved employed by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and 's expense. Any mechanics or materialman’s lien for which Landlord has received a notice Upon completion of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to any Alterations by or on behalf of Tenant, its contractors or subcontractors Tenant shall be dischargedprovide Landlord with such documents as Landlord may require (including, bonded overwithout limitation, or otherwise satisfied by sworn contractors' statements and supporting lien waivers) evidencing payment in full for such work. In the event Tenant within ten days following makes any Alterations not in compliance with the earlier provisions of this Section 9.2, Tenant shall, upon written notice from Landlord, immediately remove such Alterations and restore the date Landlord receives (1) notice of intent Leased Premises to file a lien or (2) notice that their condition immediately prior to the lien has been filedmaking thereof. If Tenant fails so to discharge, bond over, or otherwise satisfy any remove such lienAlterations and restore the Leased Premises as aforesaid, Landlord may do so may, at Tenant’s expenseits option, and in addition to all other rights or remedies of Landlord under this Lease, at law or in equity, enter the amount expended Leased Premises and perform said obligation of Tenant and Tenant shall reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefor by Landlord, including reasonable attorneys’ fees, . Such entry by Landlord shall not be paid by Tenant within 10 days following deemed an eviction or disturbance of Tenant’s receipt 's use or possession of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent the Leased Premises nor render Landlord liable in character, madeany manner to Tenant.

Appears in 1 contract

Sources: Industrial Space Lease (Tekgraf Inc)

Alterations. Following the Commencement Date, Tenant shall will not make or allow to be made any changes, additions, alterations, additions or improvements (collectively "Alterations") in or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s the prior written consent, which shall not be unreasonably withheld, conditioned or delayedconsent of Landlord. All alterations, improvements, and additions Alterations to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or by contractors or mechanics approved in writing by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s 's sole cost and expense. Any mechanics or materialman’s lien for which If Landlord has received a notice of intent approves Tenant's proposed Alterations and agrees to file or which has been filed permit Tenant's contractor to do the work, Tenant's contractor must first furnish to Landlord insurance coverage against the Premises such risks and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any in such lien, amounts as Landlord may do so at Tenant’s expensereasonably require, including, but not limited to, General Liability, Builder's Risk, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇▇▇▇'from LandlordCompensation Insurance (as required under the ▇▇▇▇▇▇▇'▇ Compensation Act of Colorado), issued by such companies as Landlord may approve and naming Landlord as an additional insured on all such policies. All alterationsAlterations permitted by Landlord must conform to all requirements of all governmental entities having jurisdiction. Tenant's contractor shall obtain all applicable building and occupancy permits required by law. Landlord shall have the right, improvementsat Tenant's expense, not to exceed $500.00 per each such inspection, to have Tenant's contractor's work inspected by architects and engineers. At any time Tenant either desires to, or additionsis required to, whether temporary make repairs or permanent Alterations in characteraccordance with this Lease, madeLandlord may, in addition to its other options, require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond (or such other applicable bond as reasonably determined by Landlord) in an amount equal to one and one-half times the estimated cost of such improvements to insure Landlord against risk and liability, including but not limited to liability for mechanics and materialman's lien, and to insure the' completion of the work. Tenant agrees to indemnify Landlord and hold it harmless against any\ loss, liability or damage resulting from Tenant's repairs or alterations and to conform with all the requirements of Section 19.

Appears in 1 contract

Sources: Shopping Center Lease (Southern Concepts Restaurant Group, Inc.)

Alterations. Following the Commencement Date, Tenant shall Licensee may not make any changes, additions, alterations, additions or improvements or additions to the Premises and Common Area or attach or affix any articles thereto Licensed Areas without Landlord’s prior written consentthe consent of Licensor, which consent Licensor shall not unreasonably withhold or delay. For the avoidance of doubt, if the Lease requires that Landlord (as such term is defined within the Lease) must approve and consent to a proposed alteration, Licensor's withholding and/or delay of consent on such basis shall not be unreasonably withheldconsidered unreasonable. For the further avoidance of doubt, conditioned or delayed. All alterations, improvements, and additions Licensor’s requiring that Licensee deposit with Licensor an amount equal to one hundred twenty five percent (125%) of the Premises (other than the Laboratory Premises) and Common Area cost (as permitted reasonably estimated by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenantan architect of Licensor’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performedchoosing, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at TenantLicensee’s sole cost and expense) to remove and restore the alterations, additions or improvements (an “Alteration Deposit”) shall not be considered unreasonable in connection with the withholding of consent for any alteration. Any mechanics Licensor shall notify Licensee, prior to the expiration of this License, if Licensee shall be required to remove and restore the alterations, additions or materialmanimprovements to the Licensed Area performed pursuant to this Paragraph 7 and Licensee shall, at its sole cost and expense, promptly remove all of Licensee’s lien for which Landlord has received a notice changes, alterations, additions or improvements to the Licensed Area (the “Restoration”). Upon the completion of intent the Restoration, Licensor shall return any such Alteration Deposits. To the extent that Licensee fails to file or which has been filed against perform the Premises Restoration, Licensor shall be entitled to retain any and Common Area or the Building arising out of all Alteration Deposits to perform its own restoration and repair work done for, or materials furnished to or on behalf of TenantLicensee. Licensee shall pay any and all actual fees or charges Licensor may incur or any and all fees or charges Landlord may incur in connection with Licensee’s making changes, its contractors alterations, additions or subcontractors improvements to the Licensed Area. Nothing herein shall be discharged, bonded over, deemed to require Licensee to remove or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All restore alterations, improvementsadditions or improvements installed by or for Licensor. Further, or additions, whether temporary or permanent in character, madeLicensee shall not be entitled to receive any interest on any Alteration Deposit and any and all Alteration Deposits may be commingled with other funds of Licensor.

Appears in 1 contract

Sources: Merger Agreement (Dice Holdings, Inc.)

Alterations. Following the Commencement Date, Tenant 10.1. Subtenant shall not make any changes, additions, alterations, installations, additions or improvements in or additions to the Sublease Premises without first having obtained the consent or approval of Overlandlord and Common Area of Sublandlord. Sublandlord may withhold or attach condition such consent or affix any articles thereto without Landlord’s prior written consent, which shall approval in its reasonable discretion if such consent or approval is required to not be unreasonably withheldwithheld or delayed by Overlandlord under the applicable provision of the ▇▇▇▇▇▇▇▇▇, conditioned or delayedmay be withheld in Sublandlord’s sole discretion if such consent or 126547966 v6 approval is permitted to be withheld in Overlandlord’s sole discretion under the ▇▇▇▇▇▇▇▇▇. 10.2. All If Overlandlord and Sublandlord shall consent to any alterations, improvementsinstallations, additions or improvements then Subtenant shall observe and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier perform all of the date Landlord receives (1) notice terms, covenants and conditions of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇▇▇▇▇▇ from Landlord. All applicable thereto, including, without limitation, all obligations under the ▇▇▇▇▇▇▇▇▇ with respect to removal and restoration of the same at the end of the term of the ▇▇▇▇▇▇▇▇▇ or prior termination of the Sublease (provided, however, if Subtenant’s initial alterations are in accordance with Rovi Corporation’s workplace standard improvements and all consents have been received for the same, then Subtenant will not be responsible for removal and restoration of such initial alterations, except for restoration needed as a result of damage or negligence by Subtenant). Subject to Overlandlord’s consent, and to the review and approval by Overlandlord and Sublandlord of Subtenant’s final plans and permits for its initial alterations to the Sublease Premises, Sublandlord consents to the work shown in the preliminary plans for Subtenant’s initial alterations to the Sublease Premises attached as Exhibit B hereto (which initial alterations shown thereon are in accordance with Rovi Corporation’s workplace standard improvements), as further described in the “Construction” items on Exhibit F attached hereto. Notwithstanding anything to the contrary contained herein, Sublandlord shall have no responsibility for performing or additionspaying for any such initial alterations, whether temporary or permanent in character, madethe same being the sole responsibility and cost of Subtenant.

Appears in 1 contract

Sources: Sublease (Radius Health, Inc.)

Alterations. Following the Commencement Date, Tenant shall not make any changesalterations to the Premises, additionsor to the Project, including any changes to the existing landscaping without Landlord's prior written consent. If Landlord gives its consent to such alterations Landlord may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, improvements or additions to shall secure ail appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance, with 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 Project. Tenant shall pay all costs for such construction and shall keep the Premises and Common Area or attach or affix any articles thereto the Project free and clear of all mechanics' Dens which may result from construction by Tenant. If Landlord gives its consent, no such alterations will proceed without Landlord’s 's prior written consentapproval of ▇▇▇▇▇▇'s contractor, which shall be conditioned on proof of insurance by ▇▇▇▇▇▇'s contractor for public liability and automobile liability and property damage insurance with limits not be unreasonably withheld, conditioned or delayedless than $1,000,000/$250,000/$500,000 respectively endorsed to show Landlord as an additional insured and for worker's compensation as required and detailed and specifications for such work. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against will keep the Premises and Common Area or the Building Property free from any liens arising out of any work done forperformed, or materials furnished to or on behalf of obligations incurred by Tenant, its contractors agents or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedcontractors. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇▇▇ agrees that should any lien be posted on the property due to work performed, materials furnished or obligations incurred by it, that it will immediately notify and proceed to remove such lien. Tenant further acknowledges that it will remain liable to Landlord and indemnify it for any costs or damages to Landlord or the property as a result of such liens. ▇▇▇▇▇▇▇▇ has the right to post and keep posted in the Premises and/or Property, any notices that may be provided by law or which landlord may deem to be proper for the protection of Landlord, the Premises and/or Property from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madesuch liens.

Appears in 1 contract

Sources: Lease Agreement (Integcom Corp)

Alterations. Following Tenant shall make no changes in or to the Commencement Date----------- Premises without Landlord's prior written consent Subject to the prior written consent of Landlord, and to the provisions of this Article, Tenant may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the Premises by using contractors or mechanics first approved in writing by Landlord. All fixtures, all electrical items and all paneling, partitions, railings and like installations, installed in the Premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Premises unless Landlord, by notice to Tenant no later than thirty (30) days prior to the date fixed as the termination of this Lease or before sixty (60) days after the expiration of this Lease, elects to have them removed by Tenant, in which event the same shall be removed from the Premises by Tenant forthwith. Nothing in this Article shall be construed to prevent Tenant's removal of trade fixtures, but upon removal of any such trade fixtures from the Premises or upon removal of other installations as may be required by the Landlord, Tenant shall not make immediately and at its expense repair and restore the Premises to the condition existing prior to installation, and shall repair any changes, additions, alterations, improvements or additions damage to the Premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Term remaining in the Premises after Tenant's removal shall be deemed abandoned and Common Area may, at the election of Landlord, either be retained as Landlord's Property or attach or affix any articles thereto without Landlord’s prior written consentmay be removed from the Premises by Landlord at Tenant's expense, which right of Landlord shall not be unreasonably withheldsurvive expiration of this Lease. Tenant shall, conditioned or delayed. All before making any alterations, additional, installation or improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlordobtain all permits, approvals, and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall be at Tenant’s sole expense promptly deliver duplicates of all such permits, approvals and at certificates to Landlord; and Tenant agrees to carry such times Worker's Compensation, General Liability, Personal and in such manner Property Damage Insurance as Landlord may reasonably approverequire Tenant agrees to obtain and deliver to Landlord, written and unconditional waivers of mechanic's liens upon the real property in which the Premises are located, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, sub-contractors, and laborers who become involved in such work. Any The work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord)done in a good and workmanlike manner and in compliance with all applicable laws, at Tenant’s sole cost ordinances, codes, governmental rules, regulations and expense. Any mechanics or materialman’s lien for which Landlord has received a notice requirements, and in accordance with the standards, if any, of intent to file or which has been filed against the Premises and Common Area or the Building arising out Board of work done forFire Underwriters, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following other organizations exercising the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt functions of a ▇▇▇▇ from Landlordboard of fire underwriters the jurisdiction of which includes the Premises. All alterations, improvements, or additions, whether temporary or permanent in character, made5

Appears in 1 contract

Sources: Lease Agreement (Markland Technologies Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions Subject to the Premises rights of Wachovia under any Wachovia Lease and Common Area or attach or affix subject to the terms and conditions of any articles thereto without LandlordGround Lease, Borrower shall obtain Lender’s prior written consentconsent to any Alterations to the Improvements which have a cost in excess of the Alteration Threshold Amount and, which unless such Alterations are reasonably likely to have a Material Adverse Effect (with respect to any Property, or with respect to the Properties taken as a whole), such consent shall not be unreasonably withheld. Notwithstanding the foregoing, conditioned or delayed. All alterations, improvements, and additions Lender’s consent shall not be required in connection with the following categories of Alterations: (a) Alterations made in connection with tenant improvement work performed pursuant to the Premises terms of any Lease executed on or before the date hereof (or in the case of a Substitute Property, any Lease in effect at the time of the applicable Property Substitution), (b) Alterations made in connection with tenant improvement work performed pursuant to the terms and provisions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements, (c) Alterations performed in connection with the Restoration of any Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement, (d) Alterations required to be made pursuant to any Legal Requirement or (e) Alterations performed by Wachovia under any Wachovia Lease for which the consent of Borrower, as landlord, is not required under such Wachovia Lease. If the total unpaid amounts with respect to Alterations to the Improvements (other than such amounts to be paid or reimbursed by tenants under the Laboratory Premises) Leases, including, without limitation, Alterations performed by Wachovia under any Wachovia Lease, the total cost and Common Area (as permitted expense of which is borne entirely by Landlord in accordance with this ParagraphWachovia) shall be done only at any time exceed the Alteration Threshold Amount, Borrower shall promptly deliver to Lender as security (“Acceptable Alteration Security”) for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following: (A) Cash, (B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and if the Loan has been subject to a Securitization, that the applicable Rating Agencies have delivered a Rating Agency Confirmation, (D) a completion and performance bond issued by Landlord a Person having a rating by S&P of not less than “A-1+” if the term of such bond is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is reasonably acceptable to Lender and, if the Loan has been securitized, that the applicable Rating Agencies have delivered a Rating Agency Confirmation or contractors or mechanics approved by Landlord, and (E) a Letter of Credit. Such Acceptable Alteration Security shall be at Tenant’s sole expense in an amount equal to the excess of the total unpaid amounts with respect to Alterations to the Improvements on the applicable Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Alteration Threshold Amount. Provided that an Event of Default shall not have occurred and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting be continuing, the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which Acceptable Alteration Security shall be released to Borrower by Lender when Lender is reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien satisfied that the total unpaid amounts with respect to the Alterations to the Improvements for which Landlord has received a notice of intent to file or which the Acceptable Alteration Security has been filed against delivered to Lender is less than the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeAlteration Threshold Amount.

Appears in 1 contract

Sources: Loan Agreement (American Financial Realty Trust)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, no alterations, improvements installations, changes or additions in or to the Premises and Common Area or attach or affix any articles thereto the Project (collectively, "Alterations") without Landlord’s 's prior written consent. Notwithstanding the foregoing, Tenant may, without Landlord's consent, make strictly cosmetic changes (collectively, "Cosmetic Alterations") to the Premises, not including any changes affecting the Project structure, appearance, or systems and equipment, provided that the aggregate cost of any such Cosmetic Alterations does not exceed Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period, and such Cosmetic Alterations do not require any substantial modifications to the Premises. Tenant shall give Landlord at least ten (10) days prior written notice of such Cosmetic Alterations, which notice shall not be unreasonably withheld, conditioned or delayedaccompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted Any Alterations approved by Landlord must be performed in accordance with this Paragraph) shall be done the terms hereof, using only by Landlord or contractors or mechanics approved by Landlord, Landlord in writing and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved upon the approval by Landlord hereunder affecting in writing of fully detailed and dimensioned plans and specifications pertaining to the Laboratory Premises may Alterations in question, to be performed, at Tenant’s option, prepared and submitted by Tenant or at its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall cause all Alterations to be performed in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord has received a notice free and harmless from all liens and claims of intent to file or which has been filed against the Premises lien, and Common Area or the Building all other liability, claims and demands arising out of any work done for, or materials furnished material supplied to the Premises by or on behalf at the request of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy in connection with any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madeAlterations.

Appears in 1 contract

Sources: Office Lease (MFC Development Corp)

Alterations. Following With respect to any alteration, change, addition or improvement (herein collectively referred to as an “Alteration”) to any portion of the Commencement DatePremises: (a) If the Alteration (i) does not affect any structural component of the Premises, (ii) does not affect any utilities or mechanical systems, (iii) does not impair the value of the Premises, (iv) only affects the interior of the Improvements, and (v) does not require the issuance of a building permit (or other similar authorization), then the Alteration shall constitute a “Minor Alteration”. Tenant shall not may make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto Minor Alteration without Landlord’s prior written consent; provided, which however, Tenant shall comply with the requirements set forth in Section 7.4(c) below. (b) Any Alterations that are not Minor Alterations are referred to herein as “Major Alterations”. Tenant shall not be unreasonably withheld, conditioned or delayed. All alterations, improvementsmake any Major Alterations without the prior written consent of Landlord, and additions Landlord may impose as a condition to such consent such reasonable requirements, as Landlord may deem necessary or desirable. Tenant shall pay to Landlord, Landlord’s reasonable charges for reviewing and inspecting all Major Alterations to assure full compliance with all of Landlord’s requirements. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the Premises same comply with any Applicable Law. (other than c) Tenant shall not commence any Alteration (whether a Minor Alteration or Major Alteration) without first obtaining such consents and approvals as may be required by Applicable Law. Tenant covenants that any Alteration will be completed with due diligence and in a good and workmanlike fashion and in compliance with all conditions imposed by Landlord, this Lease (specifically including, without limitation, the Laboratory Premises) and Common Area (as permitted by Landlord obligation to obtain a Builder’s Risk Policy in accordance with this Paragraph) shall Section 6.1(d)), the Contractual Requirements, and all applicable permits and authorizations required by Applicable Law. The costs and expenses for all Alterations will be done only by Landlord or contractors or mechanics approved by paid promptly when due and, upon request from Landlord, Tenant shall furnish to Landlord evidence of payment of all costs of an Alteration within ninety (90) days after substantial completion thereof. Tenant shall not permit the filing of any mechanic’s lien or other lien in connection with any Alterations and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madecomply with Section 9.1 below.

Appears in 1 contract

Sources: Industrial Lease Agreement (Paragon 28, Inc.)

Alterations. Following the Commencement Date, (a) Tenant shall not make or allow any changesalterations, additions, alterations, or improvements or additions to the Premises and Common Area or attach or affix any articles thereto part of the Premises (collectively, Alterations), without Landlord’s 's prior written consent, which shall not be unreasonably withheld. Consent, however, may be conditioned on the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no later than ten (10) business days prior to the scheduled construction of the alterations as well as the use by Tenant of a contractor or contractors approved by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Landlord's consent shall not be required for any Alterations which do not affect the Building structure, Building systems, or penetrate the floor or ceiling of the Premises and which cost less than Twenty Thousand Dollars ($20,000) annually, provided each such Alteration is otherwise made in compliance with the terms of this Lease. Landlord may withhold approval of any contractor which does not meet the qualifications requirements of any Landlord lender; including the requirement that such contractor employ union labor in accordance with the Labor Covenant (contained in Exhibit S). The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute Alterations. All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. Provided Landlord identifies such Alterations for possible removal at the time of Landlord's initial approval for installation, and further provided Landlord subsequently elects by notice to Tenant to have Tenant remove same at the end of the Term, then Tenant shall cause such removal and/or restoration to be done at Tenant's sole cost and expense and Tenant shall restore the portions of the Premises subject to such removal to the condition of as of the Commencement Date of this Lease. If Landlord requires Tenant to remove any Alterations and any furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal and/or restoration on or prior to the termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and defend Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and additions repairs and the removal and restoration thereof, if required under this Lease. The foregoing notwithstanding, nothing in this Section 11 shall require Tenant to remove the Premises (other than the Laboratory Premises) and Common Area (as permitted initial Tenant Improvements installed by Landlord in accordance with this Paragraphthe Approved Tenant Improvement Drawings as set forth in Exhibit C. (b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, and before any work of any kind or nature is commenced on the construction of Alterations the total cost for which will exceed One Hundred Thousand Dollars ($100,000) per completed project, Tenant shall be done only by procure and deliver to Landlord or contractors or mechanics approved by a completion bond and a payment bond, both in form and substance satisfactory to Landlord, issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against that the Premises and Common Area will remain free of all mechanics', laborers' or the Building arising out materialmen's liens or claimed liens on account of work done for, any services or materials furnished or labor or work performed in connection with the construction of the Alterations. (c) At least five (5) business days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, whether or not Landlord's consent is required, Tenant shall give written notice to Landlord as to when the construction is to commence or the materials are to be delivered. Landlord shall then have the right to post and maintain on the Premises any notices that are required to protect Landlord and Landlord's interest in the Premises from any liens for work and labor performed or materials furnished in making the alterations. It shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11 (c), its contractors or subcontractors Landlord shall have the right to cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so as to allow the Premises to be dischargedprotected from mechanics' liens. (d) Tenant will not at any time permit any mechanics', bonded overlaborers', or otherwise satisfied materialmen's liens to stand against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents, contractors, or subtenant's, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant. Tenant within ten days following shall have the earlier right to contest the validity or amount of the date Landlord receives (1) notice of intent to file a any lien or (2) notice claimed lien, upon giving to Landlord a bond assuring that the lien has been filedor claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. If On final determination of the lien or claim of lien, Tenant fails to dischargewill immediately pay any final judgment rendered, bond overwith all property costs and charges, and shall have the lien released or otherwise satisfy judgment satisfied at Tenant's sole expense. If, within ten (10) days of the filing of any such lien, Tenant fails to pay or provide to Landlord may do so at a bond assuring that the lien or claimed lien will be paid, Landlord shall have the right, upon five (5) days' written notice to Tenant’s expense, to pay or bond over such lien, and take such actions as are necessary to have the lien released and prevent a judgment against the Premises or Property, and the amount expended paid by Landlord shall be immediately due and payable to Landlord, including reasonable attorneys’ fees, and shall be paid bear interest at the lesser of ten percent (10%) per annum or the highest rate allowed by Tenant within 10 days following law from the date of payment by Landlord until repayment by Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, made.

Appears in 1 contract

Sources: Office / R&d Lease (Kana Communications Inc)

Alterations. Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions Alterations to the Premises and Common Area Property without the prior written consent of Landlord, not to be unreasonably withheld, conditioned or attach or affix any articles thereto without delayed, except that Landlord’s prior written consent, consent shall not be required for Alterations: (a) as may be necessary due to emergency or to comply with Legal Requirements; (b) the Net Cost of which shall not exceed Two Hundred Thousand Dollars ($200,000.00) over a period of twelve (12) months, and that do not in any way alter or affect the external appearance or structural integrity of the MOB; or (c) which are required by the terms of any Space Lease existing at the time of the Lease Commencement Date. Tenant shall not make any Alterations which may weaken or impair the structural strength or lessen the fair market value of all or any part of the MOB, or that change the site utilization or design of any building comprising part of the MOB. Any constriction activity performed by Tenant shall be in accordance with Landlord’s applicable policies and procedures (including Landlord’s safety policy) to ensure no disruption or adverse impact on Landlord operations. Tenant shall either use a general contractor from Landlord’s listing of approved contractors or obtain Landlord’s written approval of Tenant’s general contractor or construction manager, such approval not to be unreasonably withheld, conditioned or delayed. Tenant shall deliver (either physically or in electronic format) project schematics, elevations, conceptual drawings and other materials to Landlord, for Landlord’s prior approval. All alterationsTenant Alterations must be performed in a good and workmanlike manner, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only all Legal Requirements, pursuant to a construction schedule approved by Landlord or contractors or mechanics approved by and in a bonded, lien-free manner. For Alterations requiring Landlord’s approval, once Tenant has submitted all required materials to Landlord, and if (i) Tenant sends written request for approval stating in conspicuous type that Landlord’s approval will be deemed granted if Landlord fails to respond in writing within ten (10) business days of submission, and (ii) if Landlord does not provide comments to any materials submitted within ten (10) business days of submission, then Landlord shall be at Tenant’s sole expense and at such times and deemed to have approved the Alterations in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting accordance with the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier terms of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, madematerials submitted.

Appears in 1 contract

Sources: Ground Lease Agreement (CNL Healthcare Properties, Inc.)

Alterations. Following To the Commencement Dateextent Landlord is not reimbursed by insurance proceeds, Tenant shall not make any changes, additions, alterations, improvements or additions reimburse Landlord for the cost of repairing damage to the Premises and Common Area or attach or affix any articles thereto without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to Building caused by the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf acts of Tenant, its Tenant Related Parties and their respective contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filedand vendors. If Tenant fails to dischargemake any repairs to the Premises for more than 5 Business Days after notice from Landlord (although notice shall not be required in an emergency) (which 5 Business Day period shall be extended for such additional time (not to exceed 30 days) as shall be reasonably necessary under the circumstances, bond over, or otherwise satisfy any provided that Tenant commences such lienrepairs within such 5 Business Day period and diligently prosecute completion of the same), Landlord may do so at Tenant’s expensemake the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount expended equal to 10% of the cost of the repairs. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible. 9.03 Tenant shall not make alterations, repairs, additions or improvements or install any Cable (collectively referred to as "ALTERATIONS") without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed. 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; 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 Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications (except that no plans and specifications shall be required for Cosmetic Alterations); names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Base Building); required permits and approvals; evidence of contractor's and subcontractor's insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord, including reasonable attorneys’ fees, . Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. 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 within 10 days following Tenant’s receipt shall pay Landlord a fee for Landlord's oversight and coordination of any non-Cosmetic Alterations equal to 10% of the cost of the Alterations. Upon completion, Tenant shall furnish "as-built" plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord's approval of an Alteration shall not be deemed a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, maderepresentation by Landlord that the Alteration complies with Law.

Appears in 1 contract

Sources: Office Lease Agreement (Lightbridge Inc)

Alterations. Following Section 10.01. Tenant may not, at any time during the Commencement DateTerm, without Landlord's prior written consent (except as otherwise expressly provided below), make any alterations to the Premises. Landlord shall not unreasonably withhold its consent to any proposed alteration, provided, however, that Landlord may withhold, condition or delay its consent in its sole and absolute discretion to any proposed alteration which in Landlord's reasonable judgment may adversely (except to a de minimis extent) affect the structure or safety of the Building or adversely (except to a de minimis extent) affect the electrical, HVAC, plumbing, mechanical or fire and life safety systems or the functioning thereof. Landlord's consent shall not be required for interior non-structural alterations not materially affecting Building systems and costing less than $250,000 in the aggregate per project; provided, however, Tenant must provide Landlord with at least ten (10) days prior written notice of any such alterations. Landlord shall not respond to requests for consent within ten (10) Business Days after receipt of final (reasonably detailed) plans and specifications with respect to the alterations in question. If Tenant desires to make any changes, additions, alterations, improvements alterations in or additions to the Premises Premises, Tenant shall, prior to beginning any such work, deliver to Landlord all plans or drawings and Common Area or attach or affix any articles thereto without specifications therefor (provided, however, with respect to alterations not requiring Landlord’s 's consent, then only to the extent same have been prepared). Upon Tenant's receipt of Landlord's written approval and upon Tenant's paying to Landlord the actual reasonable charge incurred by Landlord, if any, for the review of such plans and specifications by third party consultants, Tenant may proceed to the construction of the alterations provided that the alterations are in strict compliance with the plans and specifications submitted to Landlord and with the provisions of this Article 10. Any change to the approved plans and specifications shall require Landlord's prior written consent, consent which shall not be unreasonably withheld, conditioned or delayed. All Tenant agrees to indemnify and hold Landlord harmless against and from any and all claims, damages, costs and fines arising out of or connected with such alterations (except to the extent attributable to Landlord's acts (which does not include approving such alteration and reviewing plans in connection therewith) or to any requirements of Landlord) and Tenant shall procure at its own expense such governmental approvals and permits as may be required for such alterations, improvementsand Tenant shall provide Landlord with copies of all such approvals and permits prior to commencing work. All alterations shall be made at Tenant's expense, by contractors which have been approved by Landlord (to the extent Landlord's approval is required as set forth above, for the alteration in question), which approval shall not be unreasonably withheld, conditioned or delayed, and additions Tenant shall pay all bills from contractors and subcontractors promptly when due. All such construction, alterations, and maintenance work done by, or for, Tenant shall (i) be performed in such a manner as to maintain harmonious labor relations in the Premises (other than Building and the Laboratory Premises) Project and Common Area (as permitted to minimize interference with work performed by Landlord in accordance the Building, (ii) comply with this Paragraphall building, safety, fire, plumbing, electrical, and other codes and governmental and customary insurance requirements, (iii) shall be done only by completed promptly and in a good and workmanlike manner, and (iv) be performed in compliance with Article 11 hereof. Landlord may as a condition to approving any alteration, require Tenant to remove same at the expiration of the Term, except with respect to customary interior, non-structural alterations. Provided no Event of Default is then occurring, Tenant may remove the following items of improvements, equipment and/or property of Tenant or contractors or mechanics approved Collocates (unless installed by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting Landlord's expense) from the Laboratory Premises may be performedBuilding, at Tenant’s option's sole expense all HVAC units on the Premises, by including, without limitation, fan units located outside the Building; generators and associated paralleling synchronous switching equipment; FM 200 and gas canisters; power distribution modules; batteries for uninterrupted power system (UPS batteries), UPS modules; overhead cable management system; all personalty, including without limitation all equipment mounting racks and cabinets, partition wall (cages), furnishings and any other items constituting leasehold improvements which Landlord and Tenant or its contractors or mechanics (which agree shall be reasonably approved by Landlord)removable, at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice subject to compliance with the other provisions of intent this Lease, including, without limitation, repairing any damage to file or which has been filed against the Premises and Common Area or the Building caused by or arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any from such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from Landlord. All alterations, improvements, or additions, whether temporary or permanent in character, maderemoval.

Appears in 1 contract

Sources: Lease Agreement (Infocrossing Inc)

Alterations. Following (a) After completion of the Commencement DateTenant Improvements (which shall be governed by the Work Letter), Tenant shall not make or suffer to be made any changes, additions, additional alterations, additions or improvements ("Alterations") in, on or additions to the Premises and Common Area or attach or affix any articles thereto part thereof without Landlord’s the prior written consentconsent of Landlord. Tenant's request for approval of any such proposed Alterations shall be in writing and shall be accompanied by a full set of complete plans and specifications for such proposed Alterations for Landlord's review. Failure of Landlord to give its disapproval within fifteen (15) calendar days after receipt of Tenant's written request for approval shall constitute approval by Landlord so long as Tenant's request includes the following statement in capitalized and boldfaced letters: BY FAILING TO RESPOND TO THIS REQUEST, YOU WILL BE DEEMED TO HAVE APPROVED THE ALTERATIONS DESCRIBED HEREIN, INCLUDING THE PLANS AND SPECIFICATIONS. Any Alterations in, on or to the Premises, except for Tenant's trade fixtures and movable furniture and equipment (which exception shall include the telephone system, security system, demountable partitions, secretarial stations, cubicles, cabinets or shelving systems and kitchen equipment, but shall not include the wiring, conduit and fiberoptic cabling and similar infrastructure [other than the phone switch, servers and racks] related to telephone, telecommunications, or similar communications systems which shall be and remain Landlord's property from the time they are installed in the Premises), shall be the property of Tenant during the Term and shall become Landlord's property at the end of the Term without compensation to Tenant. Landlord shall not be unreasonably withheldwithhold or delay its consent to Alterations that (i) do not materially affect the structure of the Buildings or their electrical, conditioned plumbing, HVAC, security or delayed. All alterationsother systems, improvements(ii) are not visible from the exterior of the Premises and do not otherwise affect the exterior appearance of the Buildings, (iii) are consistent with Tenant's Permitted Use hereunder; (iv) do not require any application to a political jurisdiction for rezoning, general plan amendment, variance, conditional use permit or architectural review approval, (v) will not interfere with the use and occupancy of any other portion of the Project by Landlord or by any other tenants or occupants or their invitees, or by any other party with the right to use any portion of the Project, (vi) comply with any Encumbrances and Mortgages, and additions (vii) do not adversely affect the value or marketability of Landlord's reversionary interest upon termination or expiration of this Lease. Landlord acknowledges that, subject to Landlord's consent as required in this Paragraph 7 and the other terms and conditions of this Paragraph 7, Tenant desires to install a cafeteria in the Premises. (b) Notwithstanding Paragraph 7(a) or anything to the contrary contained herein, Tenant may make Alterations to the Premises without Landlord's prior consent so long as (other than x) such Alterations comply with items (i) through (vii) in Paragraph 7(a), and (y) the Laboratory Premisescost of each such Alteration (or group of Alterations, if occurring substantially at the same time and as part of a single project) does not exceed Fifty Thousand Dollars ($50,000) (any such Alterations being defined herein as "Permitted Alterations"). Tenant shall be required to notify Landlord in writing before making any Permitted Alterations and Common Area within thirty (as permitted 30) days after completion of such Permitted Alterations, and at Landlord's request promptly shall provide Landlord with accurate as-built drawings of any Permitted Alterations. (c) Any Alterations consented to by Landlord pursuant to Paragraph 7(a), and any Permitted Alterations, shall be made by Tenant, at Tenant's sole cost and expense, in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics plans and specifications reasonably approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, any contractor or person selected by Tenant or its contractors or mechanics (which shall to make the same must first be reasonably approved in writing by Landlord). With respect to any Alterations that affect the structure of the Building, the Building Systems, or any portion of the Project outside the Premises, at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against Landlord's option the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors Alterations shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended made by Landlord, including reasonable attorneys’ feesor by a contractor specified by Landlord, for Tenant's account and Tenant shall be paid reimburse Landlord for the actual third-party cost incurred by Tenant Landlord in connection with such Alteration as an Additional Charge, within 10 twenty (20) days following Tenant’s after receipt of a ▇▇▇▇ statement from Landlord therefor. (d) Tenant shall reimburse Landlord upon demand for any reasonable out-of-pocket expenses incurred by Landlord in the review of any Alterations made by Tenant, including fees actually charged by Landlord's contractors or consultants to review plans and specifications, and such obligation shall be an Additional Charge. All alterationsLandlord's consent to any Alterations shall not obligate Landlord to repair, improvementsmaintain, insure or additionsotherwise assume any responsibility or liability with respect to any such Alteration. In addition, whether temporary notwithstanding Landlord's review, Tenant and not Landlord shall be responsible for compliance of the Alterations, and plans and specifications therefor, with all applicable Laws, and Landlord shall not be responsible for any omissions or permanent in character, madeerrors therein.

Appears in 1 contract

Sources: Lease Agreement (Business Objects Sa)