Common use of Alterations Clause in Contracts

Alterations. Lessee shall make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.

Appears in 3 contracts

Samples: Office Lease Agreement (Local Matters Inc.), Office Lease Agreement (Local Matters Inc.), Lease (Local Matters Inc.)

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Alterations. Lessee 10.1. The Sublessee shall make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves have the right to make or construct any cosmetic changes to the Building or undertake changes or alterations of the non- structural portions of the Building or Premises, costing less than $50,000 without obtaining Sublessor's approval provided that the Sublessee shall notify the Sublessor of such alterations. Any non-cosmetic changes or alterations which shall either exceed the $50,000 cost or include structural changes, or any changes which shall involve changes to the mechanical or HVAC systems, shall require Lessee the consent of the Sublessor, which shall not be unreasonably delayed or withheld following written notice by the Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the Sublessor, working drawings. The consent of the Sublessor will be deemed granted if not withheld within 15 days after request thereof. If such consents are granted or deemed granted, all such work shall be done at Sublessee's sole cost, and subject to the following covenants. (1) All work and alterations shall be done in compliance with all applicable governmental regulations, codes, standards or other requirements, including fire, safety and building codes and Land Use Regulations promulgated by PDA and with the provisions of Article 22 of this Sublease. This obligation shall include compliance with all applicable provisions of the FFA (as defined in Article 22), including obligations imposed upon Sublessor in respect to construction and construction related work. (2) All alterations shall be of such a character as not to materially reduce the value and usefulness of any of the Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal alterations and restore the Premises upon termination of the Lease). All work performed hereunder shall be performed in a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall not be disruptive of the overall operation of the Airport. All contractors engaged by Sublessee to perform such work shall employ labor that can work in harmony with all elements of labor at the Airport. (3) During the period of construction of any alteration, Sublessee or any contractor, subcontractor or sublessee of Sublessee shall maintain or cause to be maintained the following insurance: (i) The comprehensive general liability and automobile insurance provided for in Article 7 and shall be maintained for the limits specified thereunder and shall provide coverage for the mutual benefit of Sublessor, PDA, the United States of America and Sublessee as named or additional insured (as is appropriate) in connection with any alteration permitted pursuant to this Article 10. (ii) Fire and any other applicable insurance provided for in Article 7 which if not then covered under the provisions of existing policies shall be covered by special endorsement thereto in respect to any alteration, including all materials and equipment therefor incorporated in, on, or about the Subleased Premises ( including excavations, foundations, and footings) under broad form all risk builder's risk completed value form or equivalent thereof; and (iii) Worker's compensation insurance covering all persons employed in connections with the work and with respect to whom death or bodily injury claims could be asserted against PDA, Sublessor, Sublessee or the Subleased Premises, with statutory limits as then required under the laws of the State of New Hampshire. (4) Sublessee shall provide Sublessor and PDA with MYLAR as-built drawings when any alteration other than cosmetic changes authorized hereunder is completed. 10.2. Sublessee may erect and maintain suitable monument and on Building standardback lit signs at the Subleased Premises upon receiving the prior written approval of Sublessor and PDA, the approval of Sublessor not to be unreasonably withheld or delayed. Sublessee shall submit drawings of proposed signs and information on the number, size, type, and location, all of which Sublessor and PDA may review for harmony and conformity with the overall structure and architectural and aesthetic setting of the Building and the Airport as well as with PDA's own land use control regulations and may approve or disapprove accordingly. 10.3. Notwithstanding any other provision of this Sublease, the right of Sublessee to place or construct alterations in, to, or upon the Subleased Premises shall be subject to Condition 17 of the Master Lease. 10.4. In addition to the requirements to provide notice to Sublessor and PDA under this Article 10 in respect to any alteration, Sublessee shall also provide notice to Air Force, EPA and NHDES in the same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration Sublessee shall comply with Condition 10.17 of the Master Lease to the same extent required of Sublessor and PDA.

Appears in 3 contracts

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

Alterations. Lessee Tenant shall not make no decorationsany alterations, additions, or improvements or other Alterations in to the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of LessorLandlord. Tenant, and then only at its sole own cost and expense expense, may erect such shelves, bins, machinery and by contractors trade fixtures as it desires provided that (a) such items do not overload or mechanics damage the same; (b) such items may be removed without injury to the Premises; and in such manner (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with such materials as may be approved by LessorLandlord's specifications and requirements. All decorationsalterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or other Alterations before the earlier to occur of the date of termination of this Lease or vacating the Premises, except movable office furnitureat which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any Tenant improvements to the Premises will become part of the Premises upon installation and will remain in place at the expiration of the Term upon receipt of verification of good and workmanlike completion of all such work in compliance with Landlord’s approvals and all applicable legal requirements, receipt of final lien waivers and bills paid affidavits from all contractors, and equipment installed at expiration of all applicable lien periods without the expense filing of Lessee, shall, unless Lessor elects otherwise in writing, become any claim for mechanic’s or materialman’s lien. All improvements shall have the property prior written approval of Lessor upon the installation thereofLandlord, and shall be surrendered performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the building comprising a part of the Premises at and other improvements situated on the expiration of this LeasePremises. If requested No alterations contemplated by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements Tenant to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination building comprising a part of the term of this Lease. Any such designation shall Premises or Premises will in any way be in Lessor’s sole discretion, based upon its reasonable judgment as a condition to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination occurrence of the term Commencement Date or commencement of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at LesseeTenant’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardrental payment obligations hereunder.

Appears in 3 contracts

Samples: Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.)

Alterations. Lessee (a) Tenant shall make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in naturenot, without the prior written consent of LessorLandlord, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additionsmake any alterations, improvements or other Alterations additions to the Premises. If Landlord consents to any alterations, except movable office furnitureimprovements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord’s approval of the contractors to perform the work, contractor’s lien waivers, insurance against liabilities which may arise out of such work, plans, specifications and permits necessary for such work and as built drawings upon completion of such work. All work done by Tenant or its contractors pursuant to and in accordance with this Paragraph 8, or otherwise shall be done in a first class workmanlike manner, using only good grades of materials and without disturbing other tenants, shall be done in compliance with all insurance requirements and all applicable laws or ordinances and rules and regulations of governmental departments or agencies and shall be done by responsible contractors and subcontractors approved by Landlord in advance whose engagement will not in Landlord’s opinion, and equipment installed in fact does not, result in any labor dispute at the expense Building, whether in connection with any construction at the Building, the operation of Lesseethe Building or otherwise. (b) All alterations, shall, unless Lessor elects otherwise in writing, additions or improvements made by Tenant and all fixtures attached to the Premises shall become the property of Lessor upon Landlord and remain at the installation thereofPremises or, and at Landlord’s option, any or all of the foregoing shall be surrendered with the Premises removed at the expiration cost of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon Tenant before the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, in such event Tenant shall also repair any all damage to the Premises caused by the installation and/or removal thereof. Tenant shall not permit or suffer any signs, advertisements or notices to be displayed, inscribed upon or affixed on any part of the outside or inside of the Premises, or in the Building, except on the directory board to be provided by Landlord and on the entrance doors of the Premises, provided, however, that Tenant shall not display, inscribe or affix any sign on such removal and restore directory board or on the entrance doors of the Premises without, in each instance, obtaining the prior written approval from Landlord as to Building standardthe size, color and style of such sign and the proposed method of attachment. Landlord shall have the right to remove unauthorized signs at Tenant’s expense.

Appears in 3 contracts

Samples: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)

Alterations. Lessee Tenant shall make no decorationsnot make, additionsor suffer to be made, improvements any alterations or other Alterations in additions to the Premises costing in excess of $10,000.00 Premises, or structural in natureany part thereof, without the prior written consent of LessorLandlord, and then only at its sole cost and expense and by contractors any such additions to or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to alterations of the Premises, except movable office furniturefurniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord=s review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and equipment installed at in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the expense terms and provisions of Lessee, any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, unless Lessor elects otherwise in writing, become the property of Lessor promptly upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval completion of any request by Lessee for permission to make Alterations, additions such alterations or improvements to the PremisesPremises deliver to Landlord all as-built plans and specifications therefor. Landlord may, those items for which Lessor reserves the right but shall not be obligated to, condition Landlord=s consent to require Lessee to remove upon the expiration any alterations or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement additions to the Premises shall be removed at Lessee’s expense costing $10,000 or more upon the expiration or sooner termination Tenant=s delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the term estimated cost of this Lease and Lesseethe proposed alterations or additions to the Premises. In any case, at its expenseTenant shall keep the Premises free from any liens arising out of any work performed, shall also repair material furnished, or obligation incurred by Tenant, whether in connection with any damage alterations or additions to the Premises caused by such removal and restore the Premises to Building standardor otherwise.

Appears in 3 contracts

Samples: Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\), Lease Agreement (Emeritus Corp\wa\)

Alterations. Lessee Tenant shall make no decorationsalterations, additionsinstallations, additions or improvements (excluding minor alterations, installations, additions or other Alterations improvements, including but not limited to paneling, partitions and the installation of Tenant's fixtures hereinafter referred to as "Minor Repairs") in or to the Premises costing in excess of $10,000.00 or structural in nature, without the Landlord's prior written consent of Lessorwhich consent shall not be unreasonably withheld or delayed. All such work approved by Landlord shall be made in a manner, and then only at its sole cost by workmen and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessorcontractors, reasonably acceptable to Landlord. All decorationsalterations, additionsinstallations, additions or improvements made by or other Alterations for Tenant to the Premises, except movable office furniture, Premises shall remain upon and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises and become the property of Landlord at the expiration or termination of this Lease. If requested by Lessee in writing, Lessor shall designate at Lease or upon the time termination of its approval Tenant's right to possession of any request by Lessee for permission to make Alterations, additions or improvements to the Premises; provided, those items for which Lessor reserves the right to however, that Landlord may require Lessee Tenant to remove any or all of such items upon the expiration or sooner termination of this Lease or the term termination of Tenant's right to possession of the Premises. Tenant shall bear the costs of all removal of Tenant's property from the Premises and all resulting repairs to the Premises. If any work is approved by Landlord, such work shall be performed by Tenant (a) so as not to materially alter the exterior or interior appearance of the Premises except as reasonably approved, (b) so as not to adversely affect the structure, safety, systems, or services of the Premises, (c) to comply with all building, safety, fire and other codes and governmental, quasi-governmental and insurance requirements, (d) so as not to result in any usage in excess of the Premises capacity for water, electricity, gas, heating, ventilating or air-conditioning (either during or after such work), and (e) in such a manner that no mechanic's, materialman's or other similar liens attach to Tenant's leasehold estate and shall be completed promptly and in a good and workmanlike manner. In no event shall Tenant permit, or be authorized to permit, any liens (valid or alleged) or other claims to be asserted against Landlord or Landlord's rights, estates and interests with respect to the Premises or this Lease. Any such designation Landlord shall be in Lessor’s sole discretionhave the right, based upon its reasonable judgment as but not the obligation, to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, remove any such Alteration, addition or improvement to the Premises shall be removed liens at Lessee’s expense upon the expiration or sooner termination of the term of this Lease Tenant's cost and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.

Appears in 3 contracts

Samples: Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc)

Alterations. Lessee 8.1 Tenant shall not make no decorationsany alterations, additions, modifications or improvements in or other Alterations to the Premises or any part thereof (including, without limitation, any initial improvements that may be constructed by Tenant in the Premises costing prior to first commencing business operations in excess of $10,000.00 the Premises), or structural in natureattach any fixtures or equipment thereto (collectively, “Alterations”), without the Landlord’s prior written consent, such consent not to be unreasonably withheld. The distribution of Lessorelectrical outlets throughout the open space in the Premises (“Tenant’s Initial Alterations”) as shown on Exhibit B attached hereto are hereby approved. Notwithstanding the preceding sentence, Tenant may make such Alterations without Landlord’s consent only if the total cost is Twenty-Five Thousand Dollars ($25,000.00) or less and then only it will not affect in any way the structural, exterior, entry or roof elements of the Project or the Premises, or the mechanical, electrical, plumbing, utility or life safety systems of the Project, but Tenant shall give prior written notice of any such Alterations to Landlord. All Alterations in or to the Premises to which Landlord consents shall be made by Tenant at its Tenant’s sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord’s prior written approval, complete plans and specifications for all work to be done by contractors Xxxxxx. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s) approved in writing by Landlord, shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect the basic Building shell or mechanics and any systems, components or elements of the Building, shall be in such manner and a form sufficient to secure the approval of all government authorities with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to jurisdiction over the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation approval thereof, and shall be surrendered otherwise satisfactory to Landlord in Landlord’s reasonable discretion. Landlord shall respond to Xxxxxx’s plans and specifications (and to any resubmittal of plans) within ten (10) business days of Landlord’s receipt thereof; provided that Xxxxxxxx’s non-response shall be deemed disapproval of the plans and specifications. Landlord may also require, as a condition to its consent to any Alterations, that any architect retained by Tenant in connection with such Alterations be certified as a Certified Access Specialist (CASp), and that following the completion of such Alterations, such architect shall certify the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission as meeting all applicable construction-related accessibility standards pursuant to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardCalifornia Civil Code section 55.

Appears in 3 contracts

Samples: Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.), Office Lease (Livongo Health, Inc.)

Alterations. Lessee Except as otherwise agreed by the Parties in writing, Operator shall make no decorationsnot paint, decorate, install canopies or awnings, or in any way change the Building exterior (or the appearance thereof). No remodeling, additions, improvements alterations, or other Alterations structural change shall be made in the Premises costing in excess of $10,000.00 or structural in nature, Building by Operator without the prior written consent of LessorIPS, which shall not be unreasonably withheld. Operator shall have the right to install all furniture, furnishings, equipment and then only signage it reasonably deems necessary or desirable for its operation of the School, all at its sole no cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessorto IPS. All decorations, additions, improvements or other Alterations No additions to the Premisesexisting Building or the construction of new buildings by Operator shall be permitted. Operator may attach non-permanent materials and fixtures to the walls of the Facilities including, except without limitation, the cafeteria, library, common areas, grounds, parking lot and driveways of the Building. Upon the expiration or earlier termination of this Agreement, Operator may remove any non-permanent materials and movable office furniturefixtures that it installed that are not attached to real property. Any improvements, furnishings, and equipment installed on the Building shall be maintained by Operator, at Operator’s expense, in good condition and repair. All permitted alterations, changes, partitions, and installations of improvements (the “Alterations”) shall be performed by a contractor duly licensed by the state or local authority responsible for licensing building contractors and approved by IPS, such approval not to be unreasonably withheld. Operator hereby agrees to indemnify and save harmless IPS from any and all costs or expenses, including attorneys’ fees, that IPS may incur by reason of any claim for labor performed or material furnished or violation of any federal, state, or local statute, regulation, code, ordinance, or other law that may arise by reason of the installation of any Alteration or fixtures, equipment, or partitions by Operator as herein provided. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Building shall: (a) adversely affect the structural integrity of the Building; (b) impair or affect the weather-tight condition of the roof or decrease the roof’s useful life; (c) overload electrical circuits or equipment; (d) overload or unreasonably burden plumbing, water, or sanitary sewage disposal facilities; (e) overload, unreasonably burden, or otherwise adversely affect heating, air conditioning, and other mechanical facilities or equipment; or (f) otherwise affect the Building in any materially adverse way. Any and all personal property and unattached equipment installed by Operator may be removed at the expense termination of Lesseethis Agreement, provided that Operator shall repair any and all damage caused by the removal of any such personal property or unattached equipment. Any personal property and unattached equipment remaining in the Building upon termination of this Agreement shall, unless Lessor elects otherwise if not removed within 10 days after written demand from IPS to Operator to remove the same, at IPS’ option in writingits sole discretion, become the property of Lessor upon the installation thereofIPS, and IPS may retain or dispose of such personal property and unattached equipment in its sole discretion and without liability to account to Operator; provided, Operator shall reimburse IPS for the costs of storing or disposal of such personal property or unattached equipment. Operator shall submit to IPS detailed plans and specifications in connection with any Alterations and evidence that said plans and specifications are in compliance with Applicable Law. If such Alterations are not in compliance with Applicable Law, Operator shall, at Operator’s cost, make such modification or alteration to the completed Alterations as shall be surrendered required to bring the same in compliance with Applicable Law. IPS’ consent to the Premises plans and specifications, or any work proposed or completed by Operator, shall not be deemed a representation or affirmation regarding compliance with any such Applicable Law. In any event, Operator shall not remove any improvements and shall surrender the Facilities at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination end of the term of this Lease. Any such designation shall be Term in Lessor’s sole discretiongood condition and repair, based upon its reasonable judgment as to the probable effect of such Alteration, addition ordinary wear and tear and damage by casualty or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardcondemnation excepted.

Appears in 3 contracts

Samples: Innovation Network Charter School Agreement, Innovation Network Charter School Agreement, Innovation Network Charter School Agreement

Alterations. Lessee Tenant shall make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in naturenot, without the prior written consent, which consent shall not be unreasonably withheld, of LessorLandlord in each instance, and then only at its sole cost and expense and by contractors make any alterations, improvements, or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, except movable office furnitureimprovements, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Leaseor additions. If requested by Lessee in writingLandlord consents to said alterations, Lessor shall designate at improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the time of its approval of any request by Lessee plans and specifications for permission such work and permits necessary for such work. The work necessary to make Alterationsany alterations, improvements, or additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed done at Lessee’s Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may hire its own contractors to install mill work, telecommunications equipment and food service equipment in the Premises. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the Premises in compliance with this Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, improvement or addition that Landlord's consent to such installation is conditioned upon the Tenant's agreement to remove same upon expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardLease.

Appears in 2 contracts

Samples: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)

Alterations. Lessee Licensee shall not make no decorations, additions, improvements any alteration or other Alterations in modification to the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of LessorLicensor, which consent may not be unreasonably withheld, conditioned or delayed. Licensor’s consent may be conditioned upon, among other requirements, Licensee removing such alterations and then only restoring the Premises to its condition prior to such alterations upon the expiration or the earlier termination of this Agreement. Licensor’s prior written consent shall not be required for any alteration or modification that either (a) is purely decorative or cosmetic or (b)(i) is non-structural and (ii) does not adversely affect the value or function of the Premises; provided that Licensor shall retain sole discretion as to whether to require removal of any such alterations or modifications by Licensee upon the expiration or the earlier termination of this Agreement. In the event that Licensor consents to any alterations or modification in, on or to the Premises, such alterations or modifications shall, at Licensor’s election made in its consent notice, be made by Licensor at Licensee’s sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be reasonably approved by LessorLicensor. All decorationsLicensee shall reimburse Licensor, additionswithin ten (10) days of receipt of an invoice from Licensor (with verification documentation and invoices reasonably supporting such costs), improvements for any costs incurred by Licensor in connection with alterations or other Alterations modifications made to the Premises in accordance with this Section 2.6 or in repairing any damage to the Premises, except movable office furniturethe Building or any personal property, and fixtures or equipment installed at of Licensor which may be therein or thereon resulting from the expense acts or omissions of LesseeLicensee, shallits employees or their respective contractors, unless Lessor elects otherwise in writing, become the property or as a result of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration a breach of this Lease. If requested Agreement by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardLicensee.

Appears in 2 contracts

Samples: Real Estate License Agreement (3M Health Care Co), Real Estate License Agreement (Solventum Corp)

Alterations. Lessee Tenant shall make no decorations, additions, improvements not permit material alterations in or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, Leased Premises unless and equipment installed at until Landlord has approved the expense of Lessee, shall, unless Lessor elects otherwise plans therefor in writing. As a condition of such approval, with respect to any specialty alterations (such as private bathrooms, raised computer floors, mezzanines, built-in filing systems and other non-standard office installations) Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Lessor upon the installation thereofLandlord, and shall not be surrendered with the Premises at the expiration of this Leaseremoved by Tenant. If requested by Lessee in writing, Lessor Tenant shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation ensure that all alterations shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the foregoing, original construction of the Building. No person shall be entitled to any such Alteration, addition lien derived through or improvement under Tenant for any labor or material furnished to the Premises Leased Premises, and nothing in this Lease shall be removed construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien. Tenant agrees that at LesseeLandlord’s expense upon the expiration option, Landlord or sooner termination a subsidiary or affiliate of the term of this Lease and LesseeLandlord, at its expensewho shall receive a fee as Landlord’s construction manager or general contractor, shall also repair perform or cause to be performed all work on any damage structural or building-system alterations to the Premises caused by such removal and restore the Premises to Building standardLeased Premises.

Appears in 2 contracts

Samples: Lease Agreement (GreenSky, Inc.), Lease Agreement (GreenSky, Inc.)

Alterations. Lessee Tenant shall not make no decorations, additions, alterations, changes or improvements in or other Alterations in to any structural components or the exterior of the Leased Premises costing in excess or which reduce the value of $10,000.00 or structural in nature, the Leased Premises without the prior written consent of LessorLandlord, and which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then only all additions, alterations, changes or improvements shall be constructed at its Tenant’s sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writingupon completion thereof, become the property of Lessor upon the installation thereofLandlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writingexpense, Lessor shall designate at the time of its approval of to remove any request by Lessee for permission to make Alterationssuch additions, additions alterations, changes or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon at the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as and to repair any damages to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and restore defend Landlord against, and shall keep the Premises Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to Building standardobtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 2 contracts

Samples: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)

Alterations. Lessee Tenant shall make no alterations, decorations, additions or improvements in or to Demised Premises without Landlord's prior written consent, and then only by contractors or mechanics approved in advance in writing by Landlord and only upon such conditions as Landlord may impose. Tenant shall submit such information as Landlord shall require, including, without Limitation (i) plans and specifications, 00 evidence of insurance coverage in such types and amounts and from such insurers as Landlord deems satisfactory, and (M) all permits and Licenses required in connection with such work. ALL such work shall be done at Tenant's sole cost and expense at such times and in such manner as Landlord may from time to time designate. ALL work done by Tenant shall be performed in full compliance with all Laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations and requirements of the Insurance Services Office and of any similar body. Before commencing any work, Tenant shall (a) give Landlord at Least fifteen (15) days' written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be permitted by Law to protect Landlord from having its interest in Demised Premises or the Building made subject to a mechanic's Lien, and (b) shall secure, at Tenant's own cost and expense, a completion and Lien indemnity bond, satisfactory to Landlord, for said work. Any mechanic's Lien filed against Demised Premises or against the Building or the Land upon which the Building is Located or any of the areas used in connection with the operation of the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, shall be discharged by Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, decorations, additions, or improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the upon Demised Premises, except movable office furnituremade by either party, including without Limiting the generality of the foregoing, all paneling, partitions, railings, mezzanine floors, galleries and equipment installed at the expense of Lesseelike, shall, unless Lessor Landlord elects otherwise in writing[which election shall be made by giving a notice pursuant to the provisions of Article 27 not less than three (3) days prior to the expiration or other termination of this Lease or any renewal or extension thereof], become the property of Lessor upon the installation thereofLandlord, and shall remain upon, and be surrendered with the Premises Demised Premises, as a part thereof, at the expiration end of this Leasethe Term. If requested by Lessee in writingTenant shall remove any property from Demised Premises, Lessor Tenant shall designate repair or, at Landlord's option, shall pay to Landlord the time cost of its approval of repairing any request by Lessee for permission damage arising from such removal. Tenant shall not install any machine or equipment which causes noise, heat, cold or vibration to make Alterations, additions or improvements be transmitted to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination structure of the term of this Lease. Any building without Landlord's prior written consent, which consent may be conditioned on such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment terms as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardLandlord may require.

Appears in 2 contracts

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

Alterations. Lessee Except as set forth on Exhibit "A” attached hereto, Tenant shall not make no decorationsor cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises without first obtaining Landlord's written approval. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements or other Alterations in to the Leased Premises costing in excess of $10,000.00 or structural in natureby Tenant, without the prior written consent of Lessor, and then only same shall be made by Tenant at its Tenant's sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessorexpense. All decorationssuch work with respect to any alterations, additions, and changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements to or other Alterations to of the Leased Premises, except movable office furnitureincluding, but not limited to, wall covering, paneling, and equipment installed built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, realty and shall be surrendered with the Premises unless Landlord otherwise elects at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination end of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardhereof.

Appears in 2 contracts

Samples: Lease Agreement (Pacific Webworks Inc), Lease Agreement (Pacific Webworks Inc)

Alterations. (a) The Lessee shall make no decorationsnot effect any improvement, additionsalteration, improvements renovation, expansion, demolition on or rebuilding or excavation of any part of the Leased Premises, the Construction Laydown Area, the Easement Areas or Lessee’s Improvements (including Facility) (collectively “Alterations”) without complying with the provisions of this Section 6.1. Before undertaking any Alterations, the Lessee shall deliver thirty (30) days’ prior written notice of its intention to do so to the Lessor and shall describe the scope of the Alterations with reasonable particularity. (b) If the Alterations: (i) do not involve excavation at or below grade and are not reasonably expected to (i) impact the Lessor’s or any Third Party’s improvements, facilities, roads, tracks, pipelines, pipe racks, wires, lines, conduits or other infrastructure at the Leased Premises or the Lessor’s Premises, or (ii) exacerbate any existing environmental contamination or interfere with a Remedial Action that has previously been communicated to the Lessee in writing by the Lessor, the Lessee may undertake the Alterations without the Lessor’s consent, but the Lessor may, by notice in writing delivered within ten (10) Business Days of receipt of the Lessee’s notice, require the Lessee to meet with the Lessor to discuss changes to such Alterations which the Lessor reasonably believes to be necessary in order to avoid the potential for: (A) a breach of this Lease; (B) a breach of any Related Agreement; or (C) an adverse effect on the Lessor’s Premises, Easement Areas, or any of the Lessor’s or any Third Party’s improvements at or within the Leased Premises or the Lessor’s Premises. If the Lessor delivers the notice, the Lessee shall negotiate with the Lessor in good faith with a view to implementing the Lessor’s proposed changes to the Alterations. If the Lessor does not deliver the notice within the time specified, the Lessee may commence the Alterations without the requirement to consult with the Lessor or to provide further notice unless the scope or nature of the Alterations changes in a material manner that would require the delivery of a second or subsequent notice in which event the procedures set forth above will apply equally to such second and any subsequent notices; (ii) involve excavation at or below grade, the Lessee shall not undertake the Alterations without the Lessor’s prior written consent, which may not be unreasonably withheld, conditioned or delayed and subject to the Lessor’s consent, the Lessee (1) shall not commence such excavation until the Lessor provides the Lessee with excavation procedures applicable to the Alteration and (2) shall comply with Lessor’s Safety Requirements for any such excavation; (iii) are reasonably expected to (x) impact the Lessor’s or any Third Party’s improvements, facilities, roads, tracks, pipelines, pipe racks, wires, lines, conduits or other infrastructure at the Leased Premises or the Lessor’s Premises, or (y) exacerbate any existing environmental contamination that has been communicated to the Lessee in writing by the Lessor, or (z) interfere with a Remedial Action, the Lessee shall not undertake the Alterations without the Lessor’s prior written consent, which may be withheld, conditioned or delayed in the Premises costing Lessor’s sole discretion for any reason or no reason; and/or (iv) involve the discharge to any wastewater treatment facility commonly used or under a shared wastewater Environmental Permit with the Lessor, or the emission to air either (A) under a shared air emission Environmental Permit with the Lessor or (B) that may reasonably be expected to cause the ambient air concentration of an air pollutant to exceed that allowed by Environmental Law or the Lessee’s or the Lessor’s Safety Requirements, in excess each case above, of $10,000.00 (X) any chemical or structural in naturesubstance not discharged or emitted as of the Commencement Date, or (Y) a materially increased amount or concentration of any chemical or substance relative to the amount or concentration discharged or emitted as of the Commencement Date, the Lessee shall not undertake the Alterations without the Lessor's prior written consent. (c) Except as otherwise specifically permitted in the provisions of this Lease, the Lessee shall not make any Alterations to the Easement Areas without the Lessor’s prior written consent, (i) which consent, with respect to any replacement (as opposed to expansions or additions) of existing Lessee’s Improvements located within the Easement Areas, shall not be unreasonably conditioned, delayed or withheld and (ii) which consent of may otherwise be withheld in the Lessor’s sole discretion for any reason or no reason. (d) Any Alterations effected by the Lessee shall not interfere with the rights granted to or reserved by the Lessor in this Lease. In addition, all Alterations will be carried out in compliance with all applicable Laws, the Lessee’s Safety Requirements with respect to the Leased Premises, the Lessor’s Safety Requirements with respect to the Easement Areas and then only at its sole cost otherwise performed in a good and expense and by contractors or mechanics and in such workmanlike manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations minimum disruption and inconvenience to the Lessor and the Lessor’s Premises. Upon completion of any Alterations the Lessee shall inform the Lessor regarding the operation of the Leased Premises, except movable office furnitureEasement Areas, the Construction Laydown Area or Lessee’s Improvements to the extent affected by any such Alterations and to the extent reasonably required for the Lessor to (i) understand the nature and effect of the Alterations, (ii) coordinate environmental, health, security and safety matters with the Lessee, and equipment installed at the expense of Lessee(iii) appropriately respond to environmental, shallhealth, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, security and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardsafety emergencies.

Appears in 2 contracts

Samples: Asset Transfer Agreement, Asset Transfer Agreement (GlyEco, Inc.)

Alterations. Lessee TENANT shall not make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterationsalterations, additions or improvements to the Demised Premises (whether or not the same may be structural in nature) without LANDLORD’S prior written consent. All alterations, additions, or improvements made to the Demised Premises, those items for which Lessor reserves except movable furniture and equipment installed at TENANT’S expense, shall be the right to require Lessee to remove property of the LANDLORD and remain upon and be surrendered with the Demised Premises at the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion; provided, based upon its reasonable judgment as however, that LANDLORD may require TENANT to remove any additions made at TENANT’S request to the probable effect of Demised Premises and to repair any damage caused by such Alterationremoval, addition or improvement upon Lessor’s ability to freely re-let the Premises upon and provide further, that if TENANT has not removed its property and equipment within ten (10) days after the expiration or sooner termination of the term of this Lease, LANDLORD may elect to retain the same as abandoned property. If required In the event TENANT shall request LANDLORD’S permission, and LANDLORD shall permit TENANT to perform any alterations, additions, improvements or repairs to the Demised Premises, TENANT shall (i) submit its plans and specifications to LANDLORD for its approval prior to the commencement of any construction, (ii) obtain all necessary permits prior to the commencement of any construction, (iii) only use contractors approved by Lessor LANDLORD, (iv) not permit any construction liens to be placed or remain on the Demised Premises. In the event a construction lien shall be filed against the Demised Premises as a result of work undertaken by TENANT, TENANT shall within ten (10) days of receiving notice of such lien, discharge the lien of record either by payment of the indebtedness to the lien claimant or by filing a bond as security therefore. All such work made by or on behalf of TENANT shall be performed in such manner as LANDLORD may designate and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the foregoingsame. All such work by TENANT or its contractors shall not interfere with, impede or delay any such Alterationwork by LANDLORD or its contractors, addition tenants or improvement to the Premises TENANT’S contractors. All contractors engaged by TENANT shall be removed at Lessee’s expense upon the expiration or sooner termination bondable, licensed contractors, possessing good labor relations, and capable of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardperforming quality workmanship.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Alterations. Lessee Tenant shall not make no decorationsor permit to be made any alterations, additionsadditions or improvements in, improvements upon or other Alterations in to the Premises costing in excess Leased Premises, or any part of $10,000.00 or structural in naturethe Leased Premises, without the prior written consent of LessorLandlord. In the event such consent is obtained, and then only at its sole cost and expense and by contractors all such alterations, additions or mechanics and in such manner and with such materials as may improvements shall be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed performed at the expense of LesseeTenant in a good, shallworkmanlike manner, unless Lessor elects otherwise free from faults and defects and in writingaccordance with all applicable laws and building codes and plans and specifications approved by Landlord. Tenant shall not allow any construction liens to attach to the Leased Premises or the Property, Building or Improvements in connection with any such alteration, and the failure of Tenant to have any such lien released within ten (10) days after written notice from Landlord shall constitute a default under this Lease. In addition, Tenant shall indemnify, defend and hold Landlord harmless from any and all costs and expenses incurred by Landlord in connection with such construction liens, including, without limitation, attorneys fees and costs of litigation. All alterations, additions or improvements (except trade fixtures) so made and installed by Tenant shall become part of the realty, shall become the property of Lessor upon the installation thereof, Landlord and shall be surrendered with remain for the Premises benefit of Landlord at the end of the term or other expiration of this Lease in as good condition as they were when installed, reasonable wear and tear excepted; provided, however, that any such alteration, addition or improvement remaining at the end of the term or other expiration of this Lease. If requested , shall upon demand made by Lessee in writingLandlord, Lessor be removed by Tenant, at Tenant’s expense, and Tenant shall designate at repair any damage caused by such removal, restoring the time of its approval of any request by Lessee for permission Leased Premises to make Alterations, additions or improvements their condition prior to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect making of such Alterationalteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardimprovement.

Appears in 2 contracts

Samples: Lease Agreement (Corium International, Inc.), Lease Agreement (Corium International, Inc.)

Alterations. Lessee Occupant shall not make no decorationsor allow any alterations of any kind or description whatsoever to the Storage Space without, additionsin each instance, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessorthe Owner HAZARDOUS AND TOXIC MATERIALS OR PROPANE TANKS PROHIBITED: Occupant is strictly prohibited from storing or using materials in the Storage Space or at the Facility classified as hazardous or toxic under any local, state or federal law or regulation, and then only from engaging in any activity which produces such mate- rials or is unlawful. Occupant is strictly prohibited from storing any ammunition, gasoline, explosives, chemical agents and any items that may attract rodents or other animals or insects, and Occupant shall not store any items which may create a noxious or strong odor. Occupants obligation of indemnity as set forth below specifically includes any costs, expenses, fines or penalties imposed against the Owner, arising out of the storage or use of any hazardous or toxic material by Occupant, Occupants agents, employees, invitees or guests. Occupant agrees that Owner may enter the Storage Space at its sole cost any time to remove and expense dispose of prohibited items. Occupant agrees to not store any item that may have an odor that may be detected by any manager or other employee of Owner, outside of the Occupant’s unit. Occupant shall not use any combustible materials or tools, for example, but not limited to, welding equipment, nor shall Occupant store any chemicals of any type, whatsoever OWNERS RIGHT TO ENTER, INSPECT, REPAIR: Occupant shall grant Owner, Owner's Agents or the representatives of any governmental authority, including police and by contractors fire officials, access to the storage space upon 3 days' written notice to Occupant. In the event Occupant shall not grant access to the Storage Space as re- quired, or mechanics in the event of an emergency or upon default of any of Occupant's obligations under this RENTAL AGREEMENT, Owner, Owner's Agents or the repre- sentative of any governmental authority shall have the right, but not the obligation, to remove Occupant's lock and in enter the Storage Space for the purpose of examining the Storage Space or for the purpose of making repairs or alterations to the Storage Space and taking such manner and with such materials other action as may be approved by Lessornecessary or appropriate to preserve the Storage Space, and the Facility as a whole, or to comply with any applicable local, state or federal law, or regulation governing hazardous or toxic substance, mate- rial or waste, or to enforce any of Owner’s rights. All decorations, additions, improvements In the event of any damage or other Alterations injury to the PremisesStorage Space or the Facility arising from the negligent or deliberate act or omissions of the Occupant, except movable office furnitureor for which Occupant is otherwise responsible, and equipment installed at all expenses reasonably incurred by the Owner to repair or restore the Storage Space or the Facility including any expense incurred in connection with any investigation of Lesseesite conditions, shalllegal fees, unless Lessor elects otherwise in writingor any cleanup, become removal or restoration work required by an applicable local, state or federal law or regulation or agency regulating any hazardous or toxic substance, material or waste, shall be paid by the property of Lessor upon the installation thereof, Occupant as additional rent and shall be surrendered with due upon demand by the Premises at Owner . For the expiration purpose of this Lease. If requested by Lessee in writingparagraph, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion"emergency" means any sudden, based upon its reasonable judgment as to the probable effect of such Alteration, addition unexpected occurrence or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardcircumstance which demands immediate action.

Appears in 2 contracts

Samples: Rental Agreement, Rental Agreement

Alterations. Lessee shall make no decorationsAny and all alterations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premisesadditions and/or improvements, except movable office furnituretrade fixtures, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, the Lessee shall become the property of the Lessor and shall remain upon the installation thereof, and shall be surrendered with the leased Premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements may only be made with the prior written consent and approval of the Lessor, which shall not be unreasonably withhold said consent. If consent is granted by the Lessor for the making of improvements, alterations or additions to the leased Premises, such improvements, alterations or additions shall not commence until such time as the Lessee has furnished to the Lessor a copy of all plans and a certificate of insurance showing coverage in an amount satisfactory to the Lessor protecting the Lessor from liability for injury to any person and damage to any personal property, on or off the leased Premises, in connection with the making of such improvements, alterations or additions. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by the Lessee without prior written permission of the Lessor. If such permission is granted, such work or installation shall be done at the expiration Lessee's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Lessee shall promptly remove and reinstall the cooling tower, equipment or structure at the Lessee's expense and repair at the Lessee's expense any damage which may result from such removal or reinstallation. Upon termination of this Lease. If requested by lease, Lessee in writing, Lessor shall designate at remove or cause to be removed from the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, roof any such Alterationcooling tower, addition equipment or improvement structure if directed to do so by the Premises Lessor. Lessee shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lesseepromptly repair, at its expense, any damages resulting from such removal. At the termination of this lease, Lessee shall also repair any deliver the leased Premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation of trade fixtures shall be repaired at the Lessee's expense prior to the Premises caused expiration of the lease term. All alterations, improvements, additions and repairs made by such removal the Lessee shall be made in good and restore the Premises to Building standardworkmanlike manner.

Appears in 2 contracts

Samples: Triple Net Lease Agreement, Triple Net Lease Agreement

Alterations. Lessee Tenant shall make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in naturenot, without the prior written consent which consent shall not be unreasonably withheld, of LessorLandlord in each instance, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additionsmake any alterations, improvements or other Alterations additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Leaseimprovements or additions. If requested by Lessee in writingLandlord consents to said alterations, Lessor shall designate at improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the time of its approval of any request by Lessee plans and specifications for permission such work and permits necessary for such work. The work necessary to make Alterationsany alterations, improvements, or additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed done at Lessee’s Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may hire its own contractors to install mill work, telecommunications equipment and food service equipment in the Premises. Tenant's shall promptly pay to Landlord or to Tenant's contractors, as a case may, be, when due, the cost of all such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, improvements or additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 9 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the Premises in compliance with this Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, improvement or addition that Landlord's consent to such installation is conditioned upon the Tenant's agreement to remove same upon expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardLease.

Appears in 2 contracts

Samples: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)

Alterations. Lessee 6.1 Except for the Initial Alterations (as defined and subject to the limitations set forth in Exhibit B to this Lease), Tenant shall not make no decorationsor suffer to be made any alterations, additions, improvements or other Alterations in improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises costing in excess or any part thereof or the making of $10,000.00 or structural in natureany improvements as required by Article 7, without the prior written consent of LessorLandlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. Landlord’s consent shall not be unreasonably withheld with respect to alterations which (i) are not structural in nature, (ii) are not visible from the exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and then only (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question. 6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be, at its Tenant’s option, made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by contractors Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or mechanics conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed five percent (5%) of the cost of such work to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all such amounts being due five (5) days after Landlord’s demand. Notwithstanding the foregoing, no construction management fee shall be due in connection with the construction of the Initial Alterations. 6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such manner case, and with also all such materials assurances to Landlord as may be approved by Lessor. All decorationsLandlord shall reasonably require to assure payment of the costs thereof, additionsincluding but not limited to, improvements notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other Alterations liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. Landlord may, as a condition to its consent to any particular alterations or improvements, require Tenant to deposit with Landlord the amount reasonably estimated by Landlord as sufficient to cover the cost of removing such alterations or improvements and restoring the Premises, except movable office furnitureto the extent required under Section 26.2 6.4 Notwithstanding anything to the contrary contained herein, so long as Tenant’s written request for consent for a proposed alteration or improvements contains the following statement in large, bold and equipment installed capped font “PURSUANT TO SECTION 6 OF THE LEASE, IF LANDLORD CONSENTS TO THE SUBJECT ALTERATION, LANDLORD SHALL NOTIFY TENANT IN WRITING WHETHER OR NOT LANDLORD WILL REQUIRE SUCH ALTERATION TO BE REMOVED AT THE EXPIRATION OR EARLIER TERMINATION OF THE LEASE.”, at the expense of Lesseetime Landlord gives its consent for any alterations or improvements, shallif it so does, unless Lessor elects otherwise in writing, become the property of Lessor Tenant shall also be notified whether or not Landlord will require that such alterations or improvements be removed upon the installation thereof, and shall be surrendered with the Premises at the expiration or earlier termination of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements Notwithstanding anything to the Premisescontrary contained in this Lease, those items for which Lessor reserves the right to require Lessee to remove upon at the expiration or sooner earlier termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lesseeotherwise in accordance with Article 26 hereof, at its expense, Tenant shall also repair any damage be required to remove all alterations or improvements made to the Premises caused by except for the Initial Alterations and any such removal and restore alterations or improvements which Landlord expressly indicates or is deemed to have indicated shall not be required to be removed from the Premises by Tenant. If Tenant’s written notice strictly complies with the foregoing and if Landlord fails to Building standardnotify Tenant within ten (10) business days of Landlord’s receipt of such notice whether Tenant shall be required to remove the subject alterations or improvements at the expiration or earlier termination of this Lease, it shall be assumed that Landlord shall require the removal of the subject alterations or improvements.

Appears in 2 contracts

Samples: Sublease (Conceptus Inc), Lease Agreement (Verisity LTD)

Alterations. Lessee (a) Tenant shall make no decorationsalterations, additions, additions or improvements in or other Alterations in to the Premises costing in excess of $10,000.00 or structural in nature, without the Landlord's prior written consent, which consent of Lessorshall not be unreasonably withheld or delayed, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be reasonably approved by LessorLandlord, which approval shall not be unreasonably delayed. All decorations, additions, improvements or other Alterations Tenant shall submit to the Premises, except movable office furniture, Landlord plans and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of specifications for any request by Lessee for permission to make Alterationsproposed alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration and may not make such alterations, additions or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect improvements until Landlord has approved of such Alterationplans and specifications. Tenant shall construct such alterations, addition additions or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor improvements in accordance with the foregoingplans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such Alterationconsent or approval must be secured prior to the construction of such alteration, addition or improvement improvement. 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 designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations and requirements of all governmental agencies, offices and boards having jurisdiction, and in full compliance with the rules, regulations and requirements of the Pacific Fire Rating Bureau, and of any similar body. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if reasonably required by Landlord based upon the reputation and financial capability of the contractor and the nature of the work to be performed (including Landlord's particular reasons therefor), secure at Tenant's own post and expense, a completion and lien indemnity bond reasonably satisfactory to Landlord for said work. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials' claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within twenty (20) days after the filing thereof, at the cost and expense of Tenant, except that Tenant shall not be obligated to so discharge such lien prior to ten (10) days following Tenant's receipt of notice of the existence thereof. As long as Tenant properly discharges the lien by bond or otherwise, as provided above, Tenant shall have the right to contest such lien in accordance with applicable law. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Term hereof, except that Landlord may, by written notice to Tenant at the time Landlord consents to such alteration, or within twenty (20) days after receipt of notice thereof, if no consent is required, require Tenant to remove at the end of the Term, all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. Notwithstanding any contrary provision of this Subparagraph 14(a), Landlord's prior consent shall not be required for any nonstructural alteration to the Premises, the cost of which does not exceed Thirty Thousand Dollars ($30,000.00), as long as such alteration does not affect the structural integrity of the Building, does not adversely affect the Building systems and is not visible from the exterior of the Premises; provided, however, all other provisions of this Subparagraph 14(a) shall be applicable to any such alteration, including, but not limited to Tenant's obligation to provide Landlord with prior written notice of any such alteration, along with the plans and specifications related thereto, if appropriate. (b) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at Lessee’s expense upon any time during the expiration Lease Term when Tenant is not in default hereunder, or sooner within fifteen (15) days following the end of such Lease Term. If Tenant shall fail to remove all of its effects from the Premises within fifteen (15) days after termination of the term of this Lease and Lesseefor any cause whatsoever, Landlord may, at its expenseoption, remove the same in any manner that Landlord shall also repair choose, and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any damage and all expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such effects, for any length of time that the same shall be in Landlord's possession. Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant to Landlord and upon the expense incident to the Premises caused by such removal and restore the Premises to Building standardsale of said effects.

Appears in 2 contracts

Samples: Sublease (Litronic Inc), Sublease (Litronic Inc)

Alterations. Lessee Tenant shall make no decorations, additions, improvements or other Alterations not create any openings in the roof or exterior walls, nor shall Tenant make any alterations or additions to the Leased Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessorthe Landlord, and then only at its sole cost and expense and by contractors which consent shall not be unreasonably withheld. In the event of an improvement or mechanics and in such manner and with such materials as may be approved by Lessor. All decorationsalteration, additions, improvements or other Alterations Landlord shall have the right to the Premises, except movable office furniture, and equipment installed determine (at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and time such approval is given) whether it shall be surrendered with the Premises left or removed at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term Lease, except as required by any governmental authority. Tenant shall be responsible to make all additions, improvements, alterations, and repairs on the Leased 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 this Leaseany person, firm or corporation, private or public, claiming by, through or under Tenant. Any such designation improvement or alteration shall be done in Lessor’s sole discretiona good and workmanlike manner and in compliance with all applicable permits and authorizations and building and zoning laws, based upon its reasonable judgment as to the probable effect and with all other laws, ordinances, rules, regulations, and requirements of such Alterationall Federal, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor State, and municipal governments, departments, commissions, boards, and officers, and in accordance with the foregoingorders, rules, and regulations of the National Board of Fire Underwriters or any other body exercising similar functions. Upon completion of any work by or on behalf of Tenant, the Tenant shall provide Landlord with such Alterationdocuments as Landlord may require (including, addition without limitation, sworn contractor’s statements and supporting lien waivers) evidencing payment in full for such work. Tenant shall provide Landlord with sufficient advance written notice of the commencement of any work which may result in a mechanic’s or improvement to materialman’s lien against the Leased Premises so that the Landlord can post sufficient notices of non-liability. Tenant shall be removed at Lessee’s expense upon responsible to make all alterations so that the expiration or sooner termination of Leased Premises are in full compliance with the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardAmericans with Disabilities Act.

Appears in 2 contracts

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

Alterations. Lessee shall make no decorationsLandlord agrees to perform at Landlord's cost and ----------- expense those improvements described as Landlord's Work on Exhibit B attached hereto as and by this reference made a part hereof. All alterations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost partitions erected by Tenant shall be and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become remain the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of Tenant during the term of this Lease and LesseeTenant shall, at its expenseunless Landlord otherwise elects as hereinafter provided, shall also repair any damage to the Premises caused remove all alterations, additions, improvements and partitions erected by such removal tenant and restore the Leased Premises to Building standardits original condition by the date of termination of this Lease or upon an earlier date on which Tenant shall have vacated the Leased Premises; provided, however, that, if at such time Landlord so elects, in Landlord's sole discretion, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon an earlier date on which Tenant shall have vacated the Leased Premises and title shall pass to Landlord under this Lease as by a xxxx of sale. All such alterations, removals and restoration shall be accomplished in a good and workmanlike manner by contractors approved in writing by Landlord so as not to damage the primary structure or structural qualities of the Building. Tenant shall, prior to any construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds, letters of credit and personal guaranties of individuals of substance, as Landlord, in its sole discretion, shall require to assure payment of the costs thereof and to protect Landlord against any loss from, or encumbrance of, the Leased Premises by any mechanics', laborers', materialmen's or other liens.

Appears in 1 contract

Samples: Lease Agreement (Britesmile Inc)

Alterations. Lessee ADDITIONS (a) The TENANT shall not make no decorations, any alterations or additions, improvements or permit the making of any holes in any part of said building, or paint or place any signs, drapes, curtains, shades, awnings, aerials or flagpoles or the like, visible from outside of the leased premises, that is, from outdoors or from any corridor or other Alterations in common area within the Premises costing in excess building; or permit anyone except the TENANT to use any part of $10,000.00 the leased premises for desk space or structural in nature, for mailing privileges without the on each occasion obtaining prior written consent of Lessorthe LANDLORD. TENANT shall not suffer or permit any lien of any nature or description to be placed against the building, the premises or any portion thereof, and then only at its sole cost in the case of any such lien attaching by reason of the conduct of the TENANT to immediately pay and expense remove the same; this provision shall not be interpreted as meaning that the TENANT has any authority or power to permit any lien of any nature or description to attach to or to be placed upon the LANDLORD's title or interest in the building, the premises, or any portion thereof. (b) All fixtures (other than trade fixtures), improvements, installations and by contractors appurtenances attached to or mechanics built into the Leased Premises on the Commencement Date or, with LANDLORD's prior approval which it may grant or withhold in LANDLORD's discretion, during the Term shall be and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to remain a part of the Leased Premises, except movable office furnitureas of the expiration or earlier termination of this Lease, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become shall be deemed the property of Lessor upon LANDLORD without compensation, allowance, or credit to TENANT and shall not be removed by TENANT, except as hereinafter in this Article expressly provided. (c) Prior to expiration or earlier termination of this Lease, all non-structural improvements, security systems, movable partitions, communications equipment and office equipment, other machinery and equipment, trade fixtures and signs that are installed in or on the installation thereofLeased Premises by or for the account of TENANT, and all furniture, furnishings and other articles of movable personal property owned by TENANT and located on the Leased Premises (all of which are sometimes hereinafter called "TENANT's Property") shall be surrendered with the Premises removed by TENANT at the expiration or earlier termination of this Lease. If requested by Lessee in writing, Lessor TENANT shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Leased Premises caused or to the Building resulting from such removal. Unless otherwise agreed by such removal LANDLORD, TENANT shall not remove any HVAC elements, plumbing improvements, or electrical or lighting improvements without replacing the same with new equipment and restore materials of the Premises to Building standardsame quality and first obtaining LANDLORD's approval.

Appears in 1 contract

Samples: Commercial Lease (Growlife, Inc.)

Alterations. Lessee 7.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make no decorationsor suffer to be made any alterations, additions, improvements or other Alterations in improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Premises costing in excess or any part thereof or the making of $10,000.00 or structural in natureany improvements as required by Article 8, without the prior written consent of LessorLandlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and then only specifications for such alterations, additions and improvements. 7.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made using Landlord’s contractor (unless Landlord agrees otherwise) at its Tenant’s sole cost and expense expense. If Tenant shall employ any Contractor other than Landlord’s Contractor and by contractors such other Contractor or mechanics and in any Subcontractor of such manner and with such materials as may be approved by Lessor. All decorationsother Contractor shall employ any non-union labor or supplier, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and Tenant shall be surrendered with the Premises at the expiration of this Lease. If requested responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Lessee in writing, Lessor shall designate at the time of its approval Landlord as a result of any request by Lessee for permission dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a reasonable charge to make Alterationscover its overhead as it relates to such proposed work. 7.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide the additional insurance required under Article 12 in such case, and also all such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance as Landlord shall require to assure payment of the costs thereof and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, any increase in real estate taxes attributable to any such alteration, addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. 7.4 All alterations, additions, and improvements in, on, or to the PremisesPremises made or installed by Tenant, those items for which Lessor reserves including carpeting, shall be and remain the right property of Tenant during the Term but, excepting furniture, furnishings, movable partitions of less than full height from floor to require Lessee ceiling and other trade fixtures, shall become a part of the realty and belong to remove Landlord without compensation to Tenant upon the expiration or sooner termination of the term Term, at which time title shall pass to Landlord under this Lease as by a bxxx of this Leasesale, unless Landlord elects otherwise. Any Upon such designation election by Landlord, Tenant shall be in Lessorupon demand by Landlord, at Tenant’s sole discretioncost and expense, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance forthwith and with the foregoing, all due diligence remove any such Alterationalterations, addition additions or improvement improvements which are designated by Landlord to the Premises be removed, and Tenant shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease forthwith and Lesseewith all due diligence, at its sole cost and expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardtheir original condition, reasonable wear and tear and damage by fire or other casualty excepted.

Appears in 1 contract

Samples: Lease Agreement (Midwest Banc Holdings Inc)

Alterations. Lessee shall not make no decorationsany alterations, additions, improvements decorations or other Alterations in improvements to the Premises costing in excess of $10,000.00 or structural in natureinstall any fixtures or equipment thereto (collectively "Alterations"), without the Lessor's prior written consent approval. All Alterations to the Premises shall be performed at Lessee's sole cost and expense by Lessee in accordance with drawings and specifications prepared at Lessee's sole cost and expense. So long as Lessee is not in default hereunder, Lessee shall have the right, except as stated in the succeeding sentence, but not the obligation to remove any of said Alterations which constitute trade fixtures during and at the expiration of the Term and any extension thereof, provided that Lessee repairs any damage caused by said removal. Lessor by notice to Lessee in writing at least one (1) month prior to the expiration of the Term and any extension thereof, may request the Lessee to remove any of said Alterations, and, if Lessor makes said request, Lessee shall remove on or before the date on which the Term ends such Alterations as are stated in such request and repair any damage caused by such removal. In the event that Lessor requests such removal and Lessee fails to remove same or to repair damage caused thereby, Lessee agrees to reimburse and pay Lessor for the reasonable cost of removing same, including, without limitation, reasonable charges for overhead and damage. All of the Alterations remaining on the Premises after the date on which the term ends, or at such sooner termination date shall become the property of Lessor. In doing any work of installation, removal, alteration or relocation, Lessee shall not harm the premises or the Building and shall repair all damage or injury that may occur to the Premises or to the Building in connection with such work. Lessee agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Building service employees. In all events all such contractors shall be required to employ only labor acceptable to Lessor in the performance of such work, carry worker's compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and then only with companies satisfactory to Lessor prior to the commencement by Lessee of any work, Lessee must obtain, at its sole cost and expense expense, all necessary permits, authorizations, licenses and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If approvals required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardvarious authorities.

Appears in 1 contract

Samples: Office Lease Agreement (Doubletwist Inc)

Alterations. Lessee Tenant shall not (a) make no decorationsor permit any improvements, additions----------- installations, improvements alterations or additions ("Alterations") in or to the Building or any Building systems, nor (b) make or permit any Alterations in or to the Premises without Landlord's advance written consent in each and every instance, which consent shall not be unreasonably withheld or delayed with respect to Alterations to the Premises that do not involve or affect either structural portions of the Building or the mechanical, plumbing, electrical, HVAC or other Building systems. All Alterations permitted by Landlord and made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed (i) at Tenant's cost and expense, (ii) by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld or delayed, (iii) so that same shall be at least equal in quality, value, and utility to the Premises costing original work or installation, (iv) in excess accordance with the Rules and Regulations for the Building adopted by Landlord from time to time and in accordance with all applicable laws and regulations of $10,000.00 governmental authorities having jurisdiction over the Premises, (v) pursuant to plans, drawings and specifications which have been reviewed and approved by Landlord prior to the commencement of the Alterations and approved by, and filed with, all applicable governmental authorities, and (vi) subject to all other terms and conditions of this Lease. Before commencing any such work, Tenant shall deliver to Landlord copies of all building permits and governmental approvals. Tenant shall submit to Landlord a final certificate of occupancy upon completion of any Alterations. Tenant shall have no right to enter upon, or structural alter in natureany way, the roof of the Building without the prior written consent of LessorLandlord. Any damage caused by Tenant shall be payable by Tenant to Landlord upon demand and shall not constitute a Project Expense, and then only at its sole cost and expense and by contractors Landlord shall have no liability or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardobligation therefor under Section 10.1.

Appears in 1 contract

Samples: Lease Agreement (Proton Energy Systems Inc)

Alterations. Lessee Tenant shall not make no decorationsor permit to be made any alterations, additions, or improvements in, upon, or other Alterations in to the Premises costing in excess Leased Premises, or any part of $10,000.00 or structural in naturethe Leased Premises, without the prior written consent of LessorLandlord, and then only at its sole cost and expense and by contractors which consent shall not be unreasonably withheld. In the event such consent is obtained, all such alterations, additions or mechanics and in such manner and with such materials as may improvements shall be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed performed at the expense of LesseeTenant and in a good, shallworkmanlike manner, unless Lessor elects free from faults and defects and in accordance with all applicable laws and building codes and plans and specifications approved by Landlord. Tenant shall not allow any construction liens to attach to the Leased Premises, the Building, or the Land in connection with any such alteration, and the failure of Tenant to have any such lien released or otherwise in writingsecured by payment of the indebtedness due the construction lien claimant or by filing a bond (as provided by statute) as security therefore, within ten (10) days after written notice from Landlord, shall constitute a default under this Lease. All alterations, additions, or improvements (except trade fixtures) so made and installed by Tenant shall become part of the realty, shall become the property of Lessor upon the installation thereofLandlord, and shall be surrendered with remain for the Premises benefit of Landlord at the end of the Term or other expiration of this Lease in as good a condition as they were when installed, reasonable wear and tear excepted; provided, however, that any such alteration, addition, or improvement remaining at the end of the Term or other expiration of this Lease. If requested , shall upon demand made by Lessee in writingLandlord, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lesseeby Xxxxxx, at its Tenant's expense, and Tenant shall also repair any damage caused such removal, restoring the Leased Premises to their condition prior to the Premises caused by making of such removal and restore the Premises to Building standardalteration, addition, or improvement.

Appears in 1 contract

Samples: Commercial Lease Agreement

Alterations. Lessee shall maintain Leased Premises and every part thereof in good repair and condition, damage thereto by fire, windstorm, Acts of God, or the elements excepted. Lessee shall not make no decorationsor suffer to be made any alterations, additions, additions or improvements to or other Alterations in of the Leased Premises costing in excess of $10,000.00 or structural in nature, any part thereof without the prior written consent of Lessor. In the event Lessor consents to the proposed alterations, and then only additions or improvements, the same shall be at its sole the Lessee's cost and expense and by contractors or mechanics Lessee shall hold the Lessor harmless on account of the cost thereof. Any such alterations shall be made at such times and in such manner as not to unreasonably interfere with the occupation, use and with such materials as may be approved enjoyment of the remainder of the building by other tenants thereof. If required by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and such alterations shall be surrendered with the Premises at the expiration of this Lease. If requested removed by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Leasethe Lease and Lessee shall repair damage to the premises caused by such removal, all at Lessee's costs and expense. Any Lessee agrees not to suffer or permit any lien of any mechanic or materialman to be placed or filed against the Project or the Leased Premises. In case any such designation lien shall be in Lessor’s sole discretionfiled, based upon its reasonable judgment Lessee shall immediately satisfy and release such lien of record. If Lessee shall fail to have such lien immediately satisfied and released of record. Lessor may, on behalf of Lessee, without being responsible for making any investigation as to the probable effect validity thereof, pay the amount of such Alterationsaid lien and Lessee shall promptly reimburse Lessor therefor. Lessee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever whether created by act of Lessee, addition operation of law or improvement otherwise, to attach to or be placed upon Lessor’s ability to freely re-let 's title or interest in the Premises upon the expiration or sooner termination of the term of this Lease. If required Property, and any and all liens and encumbrances created by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises Lessee shall be removed at attached to Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard's leasehold interest only.

Appears in 1 contract

Samples: Lease Agreement (Weststar Environmental Inc)

Alterations. Lessee shall not make no decorationsor suffer to be made any alterations, additions, additions or improvements to or other Alterations in of the Leased Premises costing in excess of $10,000.00 or structural in nature, any part thereof without the prior written consent of Lessor. In the event Lessor consents to the proposed alterations, and then only additions or improvements, the same shall be at its sole the Lessee’s cost and expense and by contractors or mechanics Lessee shall hold the Lessor harmless on account of the cost thereof. Any such alterations shall be made at such times and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations not to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered unreasonably interfere with the Premises at the expiration of this Lease. If requested by Lessee in writingoccupation, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination use and enjoyment of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination remainder of the term of this LeaseProject by the other tenants thereof. If required by Lessor in accordance with the foregoingLessor, any such Alteration, addition or improvement to the Premises alterations shall be removed at Lessee’s expense by Lessee upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, Lessee shall also repair any damage to the Leased Premises caused by such removal removal, all at Lessee’s cost and restore expense. Xxxxxx agrees not to suffer or permit any lien of any contractor, supplier mechanic or materialman to be placed or filed against the Project or the Leased Premises. In case any such lien shall be filed, Lessee shall immediately satisfy and release such lien of record. If Xxxxxx shall fail to have such lien immediately satisfied and released of record, Lessor may, on behalf of Xxxxxx, without being responsible for making any investigation as to the validity thereof, pay the amount of said Xxxx or to bond the same off, and Xxxxxx shall promptly reimburse Lessor therefor. Lessee has no authority or power to cause or permit any lien or encumbrance of any kind whatsoever whether created by act of Lessee, operation of law or otherwise, to attach to or be placed upon Xxxxxx’s title or interest in the Property, and any and all liens and encumbrances created by Lessee shall be attached to Xxxxxx’s leasehold interest only. For the avoidance of doubt, nothing in this Lease is to be construed as consent on the part of Lessor to subject Xxxxxx’s estate in the Leased Premises or the Project to Building standardany lien or liability for any improvements made by Lessee under any jurisdiction in which the Leased Premises or Project is located. PURSUANT TO §713.10, FLORIDA STATUTES, THE INTEREST OF THE LESSOR SHALL NOT BE SUBJECT TO LIENS FOR IMPROVEMENTS MADE BY LESSEE. Lessee shall not and does not have any right or authority under the Lease to subject Lessor’s estate in the Leased Premises or the Project to any lien or liability and Lessee shall not represent that it has such right or authority. This Lease contains no provision authorizing present or future work or improvements by Lessee without Xxxxxx’s consent. In all events, unless otherwise provided herein, this Lease provides that Lessee is solely responsible for payment of the entire cost of any and all leasehold improvements. Lessee shall notify each contractor, supplier, mechanic and materialman making any improvements to the Leased Premises the content of the capitalized provision above. Lessee hereby acknowledges that it understands that, pursuant to the above-referenced statute, the knowing or willful failure of Lessee to provide such notice to the contractor shall render the contract between the Lessee and the contractor, supplier, mechanic and materialman voidable. Lessor be permitted to record in the record of the county where the Leased Premises are located, without the requirement of Xxxxxx’s signature (but Lessee shall execute on Lessor’s request), a memorandum of this Lease sufficient to secure Lessor’s rights under Fla. Stat. §713.10 and to notify the public with regard to, or secure, other matters relating to this Lease which are for Lessor’s benefit.

Appears in 1 contract

Samples: Lease Agreement (La Rosa Holdings Corp.)

Alterations. Lessee shall (a) Other than Tenant’s initial tenant improvement work pursuant to Exhibit C attached hereto, Tenant may, at any time and from time to time during the term of this Lease, at its sole cost and expense, make no decorationsalterations, additions, installations, substitutions, improvements and decorations (hereinafter collectively called "changes" and, as applied to changes provided for in this Paragraph, "Tenant's Changes") in and to the Premises, excluding structural changes, on the following conditions, and providing such changes will not result in a violation of or other Alterations require a change in the Certificate of Occupancy applicable to the Premises: (1) The outside appearance, character or use of the Building shall not be affected, and no Tenant's Changes shall weaken or impair the structural strength or, in the opinion of Landlord lessen the value of the Building or create the potential for unusual expenses to be incurred upon the removal of Tenant's Changes and the restoration of the Premises costing upon the termination of this Lease. (2) No part of the Building outside of the Premises shall be physically affected. (3) The proper functioning of any of the mechanical, electrical, sanitary and other service systems or installations of the Building ("Service Facilities") shall not be adversely affected and there shall be no construction which might interfere with Landlord's free access to the Service Facilities or interfere with the moving of Landlord's equipment to or from the enclosures containing the Service Facilities. (4) In performing the work involved in excess making such changes, Tenant shall be bound by and observe all the conditions and covenants contained in this Paragraph. (5) All work shall be done at such times and in such manner as Landlord from time to time may reasonably designate, and shall meet or exceed the standards for materials and construction procedures set forth in Exhibit "C" to this Lease. (6) Tenant shall not be permitted to install and make part of $10,000.00 the Premises any materials, fixtures or structural articles which are subject to liens, conditional sales contracts or chattel mortgages. (7) At the date upon which the term of this Lease shall end, or the date of any earlier termination of this Lease, Tenant shall on the Landlord's written request restore the Premises to their condition prior to the making of any changes permitted by this Paragraph, reasonable wear and tear excepted. The foregoing shall not, however, require Tenant to remove any of the initial Leasehold Improvements that were installed by Tenant. (b) Before proceeding with any change (exclusive of changes to items constituting Tenant's personal property), Tenant shall submit to Landlord plans and specifications for the work to be done, which shall require Landlord's written approval which shall not be unreasonably withheld or delayed. If Landlord or its consultant(s) shall disapprove of any of the Tenant's plans, Tenant shall be advised of the reasons for disapproval. In any event, Xxxxxx agrees to pay to Landlord, as additional rent, the reasonable out-of-pocket costs incurred by Landlord for such consultation and review within thirty (30) days after receipt of invoices either from Landlord or such consultant(s). (c) If the proposed change requires approval by or notice to the lessor of a superior lease or the holder of a mortgage, no change shall proceed until such approval has been received, or such notice has been given, as the case may be, and all applicable conditions and provisions of said superior lease or mortgage with respect to the proposed change or alteration have been met or complied with at Tenant's expense, and Landlord, if it approves the change, will request such approval or give such notice, as the case may be. Any change for which approval has been received shall be performed strictly in natureaccordance with the approved plans and specifications, and no amendments or additions to such plans and specifications shall be made without the prior written consent of LessorLandlord. (d) After Xxxxxxxx's written approval has been sent to Tenant and the approval by or notice to the lessor of a superior lease or the holder of a superior mortgage has been received or given, as the case may be, Tenant shall enter into an agreement for the performance of the work to be done pursuant to this Paragraph with a licensed general contractor approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned, except that Landlord reserves the right to designate the contractor to perform that portion of the work which affects the mechanical, plumbing, electrical or fire protection systems of the Building. Tenant's contractors shall obtain on behalf of Tenant and then only at its Xxxxxx's sole cost and expense, (i) all necessary governmental permits and certificates for the commencement and prosecution of Xxxxxx's Changes and for final approval thereof upon completion, and (ii) if the cost of Xxxxxx’s Changes will exceed $10,000, a completion and lien indemnity bond, or other surety, reasonably satisfactory to Landlord, for the Tenant's Changes. In the event Tenant shall request any changes in the work to be performed after the submission of the plans referred to in this Paragraph 14, such additional changes shall be subject to the same approvals and notices as the changes initially submitted by Xxxxxx. (e) Tenant shall pay to Landlord for Landlord's services in the event Landlord or Landlord's agent performs as general contractor in connection with the work performed pursuant to this Paragraph 14, a fee equal to fifteen percent (15%) of the total cost of the Tenant's Changes, which shall include Landlord's overhead. Such fee shall be five percent (5%) if Landlord or its agent does not perform as general contractor, to cover Landlord's reasonable overhead. (f) All Tenant's Changes and the performance thereof shall at all times comply with (i) all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental authorities, agencies, offices, departments, bureaus and boards having jurisdiction thereof, (ii) all rules, orders, directions, regulations and requirements of the Pacific Fire Rating Bureau, or of any similar insurance body or bodies, and (iii) all rules and regulations of Landlord and Tenant shall cause Tenant's Changes to be performed in compliance therewith and in good and first class workmanlike manner, such manner as not to interfere with the occupancy of any other tenant in the Building nor delay, or impose any additional expense upon Landlord in the construction, maintenance or operation of the Building, and shall be performed by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorationsLandlord and submitted to Tenant pursuant to this Paragraph, additions, improvements or who shall coordinate their work in cooperation with any other Alterations work being performed with respect to the PremisesBuilding. Throughout the performance of Tenant's Changes, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and LesseeTenant, at its expense, shall also carry, or cause to be carried, worker's compensation insurance in statutory limits as Landlord may reasonably prescribe, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of Tenant's Changes and, on request, at reasonable intervals during the continuance of Tenant's Changes. (g) Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Xxxxxx, by bond or otherwise, within thirty (30) days after Xxxxxx has actual notice of the filing thereof, at the cost and expense of Tenant. All alterations, decorations, additions or improvements upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work, paneling and the like, shall, unless Landlord elects otherwise, become the property of Landlord and shall remain upon and be surrendered with the Premises, as a part thereof, at the end of the term hereof, except that Landlord may by written notice to Tenant, given at least thirty (30) days prior to the end of the term, require Tenant to remove all partitions, counters, railings and the like installed by Tenant, and Tenant shall repair any damage to the Premises arising from such removal or, at Landlord's option, shall pay to the Landlord all of Landlord's costs of such removal and repair. Notwithstanding the foregoing, Xxxxxx’s safe and night depository box shall remain Tenant’s property at all times and Tenant shall have the right to remove such property from the Premises at any time during the term of this Lease so long as Tenant repairs any damage to the Premises caused by such removal. (h) All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Tenant and may be removed by Tenant at any time during the lease term, and provided further that Tenant shall repair any damage caused by such removal. If Tenant shall fail to remove all of its effects from said Premises upon termination of this Lease for any cause whatsoever, Landlord may, at its option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof, and Tenant agrees to pay Landlord upon demand any and all reasonable expenses incurred in such removal, including court costs and attorney's fees and storage charges on such effects for any length of time that the same shall be in Landlord's possession, or Landlord may, at its option, following notice to Tenant, sell said effects, or any of the same, at private sale and without legal process, for such prices as Landlord may obtain and apply the proceeds of such sale upon any amounts due under this Lease from Tenant to Landlord and upon the expense incident to the removal and restore sale of said effects. (i) Landlord reserves the right at any time and from time to time without the same constituting an actual constructive eviction and without incurring any liability to Tenant therefore or otherwise affecting Tenant's obligations under this Lease, to make such changes, alterations, additions, improvements, repairs or replacements in or to the Site and/ or Building (including the Premises if required to do so by any law or regulation) and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages and stairways thereof, and to change the name by which the Building standardis commonly known, as Landlord may deem necessary or desirable. In exercising such rights, Landlord shall use commercially reasonable efforts to minimize any interference with Xxxxxx’s use of or access to the Premises or the parking areas. Nothing contained in this Paragraph 14 shall be deemed to relieve Tenant of any duty, obligation or liability of Tenant with respect to making any repair, replacement or improvement or complying with any law, order or requirement of any government of other authority and nothing contained in this Paragraph 14 shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the Building or any part thereof other than as otherwise provided in this Lease.

Appears in 1 contract

Samples: Office Lease (Heritage Commerce Corp)

Alterations. Lessee 17.1 Tenant shall make no decorationsalterations, additionsadditions or improvements (hereinafter in this section, improvements “improvements”) in or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterationsother than interior non-structural alterations, additions or improvements costing less than Fifty Thousand Dollars ($50,000) (“Permitted Alterations”), without notice to Landlord. For any alteration not a Permitted Alteration, Tenant shall deliver notice to Landlord, with plans and specifications and working drawings for the improvements. 17.2 The improvements shall be constructed only by licensed contractors. Tenant shall cause any such contractor must have in force a general liability insurance policy of not less than $3,000,000, property damage insurance, and other insurance or at such higher limits as Landlord may reasonably require, which policy of insurance shall name Landlord, Landlord’s property manager and lender, as an additional insured. Except for the negligence or willful misconduct of Landlord’s Agents (as hereinafter defined), each contractor, and Tenant with respect to any activity of each contractor, shall indemnify defend and hold Landlord and Landlord’s Agents harmless from and against any and all claims, demands, liabilities, damages, actions, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees), to the extent arising out of or in connection with the presence on the Premises of, and the actions or failures to act of, such contractors or subcontractors. Tenant shall provide Landlord with the name of all contractors prior to the commencement of construction. Tenant shall maintain, and shall provide copies to Landlord of, all plans, specifications, drawings (including, particularly, “as-builts”) of any and all improvements, alterations, additions, renovations, repairs, installations of fixtures or other equipment and the like for which as-built drawings are typically provided. Landlord shall be permitted to observe any and all such work by Tenant on the Premises so long as Landlord does not interfere with or hinder any of Tenant’s use or occupancy of the Premises, those items or the work of construction. 17.3 Tenant agrees that any work by Tenant shall be accomplished in such a manner as to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times except when minimally necessary for which Lessor reserves building reconfiguration work. 17.4 Tenant covenants and agrees that all work done by Tenant shall be performed and completed in substantial compliance with the right plans and specifications and in 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 substantial compliance with the rules, orders, directions, regulations, and requirements of any applicable fire rating bureau. 17.5 Before commencing any work (other than Permitted Alterations), Tenant shall give Landlord at least five (5) days’ prior written notice of the proposed commencement of such work. 17.6 All alterations, additions and improvements installed in, on or about the Premises, shall be part of the Building and shall be the property of Landlord. 17.7 Notwithstanding anything herein to require Lessee to remove the contrary, upon the expiration or sooner termination of the term of this Lease. Any such designation Lease term, Tenant shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let surrender the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to containing at least as much laboratory space as existed on the Premises shall on the Term Commencement Date, and the laboratory space will be removed at Lessee’s expense upon of substantially the expiration or sooner termination of same character, quality, and utility as existed on the term of this Lease Term Commencement Date, ordinary wear and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardtear excepted.

Appears in 1 contract

Samples: Purchase Agreement (Ligand Pharmaceuticals Inc)

Alterations. Lessee 12.1 Landlord shall make no decorationsconstruct the Demised Premises in compliance with all governmental building regulations. 12.2 Tenant may, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost own expense, make such alterations and expense improvements to the Demised Premises and by contractors or mechanics install interior partitions as it may require, provided that the written approval of the Landlord is first obtained and that such improvements and alterations are done in a workmanlike manner in keeping with all building codes and regulations and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to no way harm the structure of the Demised Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises provided that at the expiration of this Lease. If requested by Lessee in writingthe Lease or any extension thereof, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and LesseeTenant, at its expense, shall also repair restores the within Demised Premises to its original condition and repairs any damage to the Demised Premises, resulting from the installation or removal of such partitions, fixtures, or equipment as may have been installed by Tenant is requested to do so by Landlord. 12.3 The Landlord shall not be liable for any labor or materials furnished or to be furnished to the Tenant upon credit, and no mechanic's or other lien for any such labor or materials shall attach to or effect the reversion or other estate or interest of the Landlord in and to the Demised Premises. Whenever any mechanic's lien shall have been filed against the Demised Premises, based upon any act or interest of the Tenant or of anyone claiming through the Tenant, or if any security agreement shall have been filed for or effecting any materials, machinery, or fixtures used in the repair, construction, or operation thereof, the Tenant shall immediately take such action by bonding, deposit, or payment as will remove the lien or security agreement. 12.4 If Tenant has not removed the lien within ten (10) days after noticed to Tenant, Landlord may pay t he amount of such mechanic's lien or security agreement or discharge the same by deposit, and the amount so paid or deposited, shall be deemed additional rent reserved under this Lease, and shall be payable forthwith by Tenant to Landlord with interest at eighteen (18%) percent per annum from the date of payment by Landlord, and with the same remedies to the Landlord, if not paid, as in the case of default in the payment of Mini9mum Guaranteed Rental as herein provided. 12.5 Landlord or its representatives shall have the right to go upon and inspect the Demised Premises caused by at all reasonable times and shall have the right to post and keep posted thereon notices of non-responsibility or such removal and restore other notices which Landlord may deem to be proper for the Premises protection of Landlord's interest in the Demised Premises. Tenant shall, before the commencement of any work which might result in any such lien, give to Building standardLandlord written notice of Tenant's intention to do so in sufficient time to enable the positing of such notices.

Appears in 1 contract

Samples: Lease Agreement (Oleramma Inc)

Alterations. Prior to commencement of any material alterations or additions to any portion of the Premises, Lessee shall furnish to Lessor plans and specifications of the work to be undertaken and information as to the equipment to be installed, and obtain Lessor's prior written approval of the work and equipment, which approval will not be unreasonably withheld or delayed. Lessee shall endeavor to cause any interior work undertaken by Lessee to be accomplished by such labor as will not given rise to labor disputes affecting the Building or the Pittsburgh Technology Center. Lessee shall make no decorations, additions, improvements or other Alterations in modifications to any parts of the Premises costing in excess structure of $10,000.00 or structural in nature, the Building without the prior written consent of approval by Lessor, which approval will not be unreasonably withheld or delayed. This shall be deemed to include the floor slabs, perimeter walls interior fire barrier walls and the roof of the Building. Suspensions on or from the roof structure are prohibited Without an engineering report showing adequate capacity. Prior to Lessee performing any construction or other work on or about the Premises for which a lien could be filed, Lessee shall enter into a written "no lien" agreement with the general contractor who is to perform such work, and such written agreement shall be filed and recorded, in accordance with the Mechanics' Lien Law of Pennsylvania, prior to the commencement of such work. Notwithstanding the foregoing, if any mechanics' or other lien shall be filed against the Premises or the Building purporting to be for labor or material furnished or to be furnished at the request of the Lessee, then only Lessee shall at its sole cost expense cause such lien to be discharged of record by payment, bond or such other indemnity reasonably satisfactory to Lessor, within ten (10) days after the filing thereof. If Lessee shall fail to cause such lien to be discharged of record within such ten (10) day period, or, if such lien is contested by Lessee, and expense Lessee fails to bond such lien or provide adequate indemnity reasonably satisfactory to Lessor, Lessor may cause such lien to be discharged by payment, bond or otherwise, without investigation as to the validity thereof or as to any offsets or defenses thereto, and by contractors or mechanics Lessee shall reimburse Lessor for all amounts paid and costs incurred, including reasonable attorneys, fees, in having such manner and lien discharged of record as Additional Rent with such materials as may be approved by Lessorinterest thereon at the Late Rate. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterationsalterations, additions or improvements to the PremisesBuilding made by Lessee pursuant to this Section 5 hereof, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination shall become a part of the term Building when made and shall remain upon and be surrendered with the Building at the end of this Lease. Any such designation shall be in the Term or any renewal thereof unless Lessor’s sole discretion, based upon its reasonable judgment as to at the probable effect time of approval of the installation of such Alterationalterations, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoingadditions and improvements, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and directed Lessee, at the end of the Term, to remove such alterations, additions and improvements, in which case the Lessee shall promptly remove the same. If Lessee fails to notify Lessor of its intention to install alterations, additions and improvements, Lessee shall be obligated to remove the same at the end of the Term or any renewal thereof. Lessee shall repair, at its own expense, shall also repair any damage to the Premises caused by such the removal thereof and shall restore the Premises to at least as good condition as prior to the installation of such alterations, additions or improvements, ordinary wear and tear excepted. Lessee may bring such equipment, furniture, trade fixtures or other personal property into the Building standardas may be necessary for its business provided, however, Lessee shall repair any physical damage occasioned by installation of any such property. Should Lessee's personal property be of an unusual size, type, weight or with installation characteristics so as to adversely affect the Building, Lessor reserves the right to restrict the use of the same in said Building. Lessor will rely on Lessee's engineering data in determining whether or not the Building will be adversely affected by the personal property, and said engineering data shall in delivered to Lessor prior to the installation of any personal property that may adversely affect the Building. If not then in default, Lessee shall have the right at the end of the Term to remove any equipment, furniture, trade fixtures or other personal property placed in the Building by Lessee, provided that Lessee promptly repairs any physical damage to the Premises caused by such removal. Any personal property remaining on the Premises after the expiration of the Term of this Lease shall be deemed to be abandoned by Lessee, and may be disposed of by Lessor without liability to Lessee. In every such instance where Lessee (i) removes alterations, improvement or additions, (ii) installs trade fixtures, furniture, equipment or other personal property, (iii) removes any trade fixtures, furniture, equipment or personal property, or (iv) fails to remove any personal property at the end of the Term or the earlier termination of this Lease, Lessee shall repair any physical damage occasioned by such activity. In every instance that Lessee does not so repair the Premises, Lessor may repair the same and Lessee will immediately reimburse Lessor for such costs with interest at the Late Rate.

Appears in 1 contract

Samples: Lease (Ansaldo Signal Nv)

Alterations. Lessee shall Subtenant may make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterationsalterations, additions or improvements to the Subleased Premises(the “Alterations”), only with the prior written consent of Tenant and, to the extent required by the Master Lease, Landlord. The term “Alterations” shall not include: (i) any of Subtenant’s Work approved by Tenant pursuant to Exhibit 4, and (ii)the installation of shelves, movable partitions, or Subtenant’s equipment and trade fixtures, which may be installed and removed without damaging existing improvements or the structural integrity of the Subleased Premises, Master Premises, Building, or Property, and Tenant’s consent shall not be required for Subtenant’s installation of those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as except to the probable effect extent Tenant must obtain the consent of Landlord under the Master Lease for such Alteration, addition or improvement upon Lessorinstallations. Subtenant shall perform all work within the Subleased Premises at Subtenant’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor expense in compliance with all applicable laws and shall complete all Alterations in accordance with plans and specifications approved by Tenant, using contractors approved by Tenant, and in a manner so as to not unreasonably interfere with other tenants. Subtenant shall pay when due, all claims for labor or materials furnished to or for Subtenant at or for use in the foregoingSubleased Premises, which claims are or may be secured by any such Alterationmechanics’ or materialmens’ liens against the Subleased Premises or Property or any interest therein. Except as otherwise provided in the Work Letter attached as Exhibit 4 with respect to Subtenant’s Work, addition or improvement to Subtenant shall remove all Alterations at the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination end of the Sublease term of this Lease unless Tenant conditioned its consent upon Subtenant leaving a specified Alteration at the Subleased Premises, in which case Subtenant shall not remove such Alteration and Lessee, at its expense, it shall also become Tenant’s property. Subtenant shall immediately repair any damage to the Subleased Premises or adjacent portions of the Master Premises, Building and Property caused by such installation and/or removal and restore the Premises to Building standardof improvements performed as part of Subtenant’s Work and/or Alterations.

Appears in 1 contract

Samples: Sublease Agreement

Alterations. Lessee shall make no decorations, additions, improvements installations, alterations or other Alterations changes in or to the Premises costing in excess of $10,000.00 or structural in nature, demised premises without obtaining the prior written consent permission of Lessor, and then only at which consent Lessor may withhold in its sole cost and expense absolute discretion except Lessor shall not unreasonably withhold, delay or condition its approval to any proposed interior work so long as the proposed work (i) would not adversely affect any of the Buildings' exteriors, roofs, windows or doors or frames therefor, structural integrity or systems, (ii) would not increase the costs of operating or managing the Property, (iii) would not increase the scope or costs of Lessor's obligations under this Lease and by contractors (iv) does not consist of, or mechanics and require, any demolition of, or additions to, load bearing walls or exterior walls. The work or type of work described in such manner and with such materials clauses (i) through (iv) of this paragraph 7 is hereinafter described as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture"Structural Work", and equipment installed at interior non-structural work for which Lessor's approval shall not be unreasonably withheld, delayed or conditioned is hereinafter referred to as "Non-Structural Work". If Lessor's approval or denial of approval to any Non-Structural Work is not received within five (5) business days of Lessor's receipt of all the expense of Lesseeitems required for it to be able to make a determination whether to approve or not approve the proposed work, such failure to respond shall be deemed an approval to such Non-Structural Work. Lessor and Lessee shall, unless Lessor elects otherwise in writingat Lessor's option, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of every six (6) months throughout the term of this Leaselease, inspect the additions and alterations made by Lessee since the prior inspection. Any In any event, all installations, alterations or work done by Lessee shall at all times comply with: a. Laws, rules, orders and regulations of all governmental or municipal bodies, authorities, departments or agencies having jurisdiction thereof and such designation rules and regulations as Lessor shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardpromulgate.

Appears in 1 contract

Samples: Net Lease Agreement (Sensys Technologies Inc)

Alterations. Lessee shall make no decorationsNo structural alteration, additionsaddition, improvements improvement, service or other Alterations in refinishing of or to the Premises costing in excess of exceeding $10,000.00 or structural in nature, 10.00 per square foot shall be made by Tenant without the prior written consent of LessorLandlord, which shall not be unreasonably withheld, conditioned, or delayed. The work described in the prior sentence, and then only at its sole cost all other work to the Premises by Tenant (collectively, “Alterations”) shall be performed strictly in accordance with all applicable building codes and expense and by contractors or mechanics and in governmental authority regulations and, where required, pursuant to validly issued permits required for such manner and with such materials as may be approved by Lessorwork. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make such Alterations, additions or improvements to and any fixtures installed by Tenant shall become the Premises, those items for which Lessor reserves the right to require Lessee to remove property of Landlord upon the expiration or sooner termination of this Lease, provided that, unless Landlord provides otherwise in writing, prior to expiration or earlier termination of this Lease Tenant shall remove: (1) all cabling installed by Tenant or on behalf of Tenant in the term Premises and Building; and (2) any items that were expressly identified by Landlord for removal at or prior to the time of approval of their installation, and Tenant shall repair any damage from removal. Tenant shall not permit any mechanics’ liens to be filed against the Building or Property or land on which it is located or against Tenant’s leasehold interest in the Premises by reason of work, labor, services or materials supplied or claimed to have been supplied to Tenant or anyone holding the Premises through or under Tenant, whether prior or subsequent to the commencement of the Term hereof. If any such mechanics’ lien shall at any time be filed it shall constitute a default under the provisions of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.

Appears in 1 contract

Samples: Lease Agreement (American Railcar Industries, Inc.)

Alterations. Lessee Tenant shall not make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alterationchange, addition or improvement to the Premises (including, without limitation, the attachment of any fixture or equipment, or the addition of any pipe, line, wire, conduit or related facility for water, electricity, natural gas, telephone, sewer or other utility), unless such change, addition or improvement (a) equals or exceeds the then-current standard for the Building and utilizes only new and first-grade materials, (b) is in conformity with all applicable laws, ordinances, regulations and requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of Landlord, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such indemnification or bonds, including, without limitation, a performance and completion bond, in such form and amount as may be satisfactory to Landlord, to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any change, addition or improvement, (f) is carried out by persons approved in writing by Landlord, who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at such time and in such manner as Landlord may reasonably specify. Any such change, addition or improvement shall immediately become the property of Landlord. Tenant shall promptly pay the entire cost of any such change, addition or improvement. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys' fees, which may arise out of, or be removed at Lessee’s expense upon connected in any way with, any such change, addition or improvement. Within ten (10) days following the expiration imposition of any lien resulting from any such change, addition or sooner termination improvement, Tenant shall cause such lien to be released of the term record by payment of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardmoney or posting of a proper bond.

Appears in 1 contract

Samples: Office Lease (Arkona Inc)

Alterations. Lessee 8.01 Landlord shall make have no decorationsresponsibility for any loss or damage to any fixtures, additions, improvements equipment or other Alterations property installed or left in the Premises costing in excess from any cause except as results from the intentional or grossly negligent acts of $10,000.00 or structural in nature, without the Landlord. Tenant's entry prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at commencement of the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and term shall be surrendered with subject to all of the Premises at the expiration applicable provisions of this Lease, except for the obligation to pay Rent. If requested Tenant shall furnish Landlord with copies of all certificates and approvals relating to any installation work done by Lessee in writing, Lessor Tenant which may be issued or required by any governmental authorities. Tenant shall designate at diligently prosecute such work to completion and with all due diligence shall open the time Premises for the conduct of its approval of business. 8.02 Tenant shall not make or permit to be made any request by Lessee for permission to make Alterationsalterations, additions or improvements to the Premises or any part of the Premises, those items for or attach any fixtures or equipment, without first obtaining Landlord's written consent, which Lessor reserves the right to require Lessee to remove upon the expiration consent shall not be unreasonably withheld or sooner termination of the term of this Leasedelayed. Any such designation shall be in Lessor’s sole discretionalterations, based upon its reasonable judgment as to the probable effect of such Alteration, addition additions or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement improvements to the Premises consented to by Landlord shall be removed at Lessee’s expense made by a contractor approved by Landlord (which approval shall not be unreasonably withheld or delayed) for Tenant's account, and Tenant shall reimburse Landlord, as Additional Rent, for the cost, including a reasonable charge for Landlord's overhead, for work done by Landlord, within ten (10) days after receipt of a statement. All alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.the

Appears in 1 contract

Samples: Lease Agreement (Versata Inc)

Alterations. Lessee Tenant shall not make no decorations, additions, improvements (or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may permit to be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of made) any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alterationchange, addition or improvement to the Premises (including, without limitation, the attachment of any fixture or equipment) unless such change, addition or improvement (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with prior written consent of Landlord, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord and prepared by an architect approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such indemnification, insurance, and/or bonds requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any change, addition or improvement, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at such time and in such manner as Landlord may reasonably specify. All such alterations, improvements and additions (including all articles attached to the floor, wall or ceiling of the Premises) shall become the property of Landlord and shall, at Landlord’s election, be (1) surrendered with the Premises as part thereof at the termination or expiration of the Term, without any payment, reimbursement or compensation therefor, or (2) removed by Tenant, at LesseeTenant’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any with all damage to the Premises caused by such removal repaired by Tenant. Tenant may remove Tenant’s trade fixtures, office supplies, movable office furniture and restore equipment not attached to the Premises Building, provided such removal is made prior to Building standardthe expiration of the Term, no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by such removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may arise out of, or be connected in any way with, any such change, addition or improvement. Within ten (10) days following the imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a proper bond.

Appears in 1 contract

Samples: Lease Agreement (Raser Technologies Inc)

Alterations. Lessee Except as otherwise agreed by the Parties in writing, Operator shall make no decorationsnot paint, decorate, install canopies or awnings, or in any way change the Building exterior (or the appearance thereof). No remodeling, additions, improvements alterations, or other Alterations structural change shall be made in the Premises costing in excess of $10,000.00 or structural in nature, Designated Space by Operator without the prior written consent of LessorIPS, which shall not be unreasonably withheld. Operator shall have the right to install all furniture, furnishings, and then only equipment it reasonably deems necessary or desirable for its operation of the School, all at its sole no cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessorto IPS. All decorations, additions, improvements or other Alterations No additions to the Premisesexisting Building or the construction of new buildings by Operator shall be permitted. Operator may attach non-permanent materials and fixtures to the walls of the Designated Space. Upon the expiration or earlier termination of this Agreement, except Operator may remove any non-permanent materials and movable office furniturefixtures that it installed that are not attached to real property. Any improvements, furnishings, and equipment installed in the Designated Space shall be maintained by Operator, at Operator’s expense, in good condition and repair. All permitted alterations, changes, partitions, and installations of improvements (the “Alterations”) shall be performed by a contractor duly licensed by the state or local authority responsible for licensing building contractors and approved by IPS, such approval not to be unreasonably withheld. Operator hereby agrees to indemnify and save harmless IPS from any and all costs or expenses, including attorneys’ fees, that IPS may incur by reason of any claim for labor performed or material furnished or violation of any federal, state, or local statute, regulation, code, ordinance, or other law that may arise by reason of the installation of any Alteration or fixtures, equipment, or partitions by Operator as herein provided. No installation of, repair to, or other activity concerning equipment within or other Alterations made to the Building shall: (a) adversely affect the structural integrity of the Building; (b) impair or affect the weather-tight condition of the roof or decrease the roof’s useful life; (c) overload electrical circuits or equipment; (d) overload or unreasonably burden plumbing, water, or sanitary sewage disposal facilities; (e) overload, unreasonably burden, or otherwise adversely affect heating, air conditioning, and other mechanical facilities or equipment; or (f) otherwise affect the Building in any materially adverse way. Any and all personal property and unattached equipment installed by Operator may be removed at the expense termination of Lesseethis Agreement, provided that Operator shall repair any and all damage caused by the removal of any such personal property or unattached equipment. Any personal property and unattached equipment remaining in the Building upon termination of this Agreement shall, unless Lessor elects otherwise if not removed within 10 days after written demand from IPS to Operator to remove the same, at IPS’ option in writingits sole discretion, become the property of Lessor upon the installation thereofIPS, and IPS may retain or dispose of such personal property and unattached equipment in its sole discretion and without liability to account to Operator; provided, Operator shall reimburse IPS for the costs of storing or disposal of such personal property or unattached equipment. Operator shall submit to IPS detailed plans and specifications in connection with any Alterations and evidence that said plans and specifications are in compliance with Applicable Law. If such Alterations are not in compliance with Applicable Law, Operator shall, at Operator’s cost, make such modification or alteration to the completed Alterations as shall be surrendered required to bring the same in compliance with Applicable Law. IPS’ consent to the Premises plans and specifications, or any work proposed or completed by Operator, shall not be deemed a representation or affirmation regarding compliance with any such Applicable Law. In any event, Operator shall not remove any improvements and shall surrender the Facilities at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination end of the term of this Lease. Any such designation shall be Term in Lessor’s sole discretiongood condition and repair, based upon its reasonable judgment as to the probable effect of such Alteration, addition ordinary wear and tear and damage by casualty or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardcondemnation excepted.

Appears in 1 contract

Samples: Innovation Network School Agreement

Alterations. Lessee Tenant shall not have the right to make no decorations, additionsany alterations, improvements or other Alterations in additions to the Premises costing in excess of $10,000.00 premises or structural in natureany portion thereof, without the prior written consent of LessorLandlord, except those changes, additions and then only at its sole cost and expense and improvements, if any, which Tenant is required to make by contractors or mechanics and in such manner and with such materials as may be approved by Lessorthe provisions of this Lease. All decorationsalterations, additions, additions or improvements which are made in or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and premises shall be surrendered with the Premises premises upon the termination of this Lease (with the exception of movable furniture and trade fixtures), unless prior to such termination Landlord gives Tenant written notice to remove some or all thereof, in which case Tenant shall cause the items so designated to be removed and the premises to be restored to its original condition, all at the expiration expense of this LeaseTenant. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of during the term of this Lease. Any such designation , any additions, alterations or improvements in or to the premises, as distinguished from repairs, are required by any governmental authority or any law, ordinance or government regulation because of the use to which the premises are put by Tenant and not by reason of the character or structure of the building, they shall be made and paid for by Tenant. Tenant agrees to pay promptly for all labor done or materials furnished for any work of repair, maintenance, improvement, alteration or addition done by Tenant, in Lessor’s sole discretionconnection with the premises, based upon and to keep and hold said premises free, clear and harmless of and from all liens that could arise by reason of any such work. If any such lien shall at any time be filed against the premises, or the building of which the premises are a part, Tenant shall either cause the same to be discharged of record within twenty (20) days after filing the same, or if Tenant in its reasonable judgment discretion and in good faith determines that such lien should be contested, Tenant shall provide a release bond as provided in the California Civil Code, Section 3143. If Tenant shall fail to discharge such lien within such period or shall fail to furnish such security, then, in addition to any other right or remedy, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by giving security or in such other manner as is, or may be, prescribed by law. Tenant shall repay the Landlord on demand all sums disbursed or deposited by Landlord pursuant to the probable effect foregoing provisions including Landlord’s costs, expenses and reasonable attorney’s fees incurred by Landlord in connection therewith. Nothing contained herein shall imply any consent or agreement on the part of such AlterationLandlord to subject Landlord’s interest in the real property, addition of which the premises are a part, to liability under any mechanic’s or improvement upon Lessor’s ability other lien law. Tenant shall give notice to freely re-let Landlord at least ten (10) days prior to commencement of any construction irrespective of whether consent is required by Landlord, as hereinabove provided, and Landlord shall have the Premises right to enter upon the expiration or sooner termination premises and post such notices as may be deemed necessary by Landlord, including but not limited to notices of non-responsibility in the manner and form provided in the Civil Code of the term State of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardCalifornia.

Appears in 1 contract

Samples: Lease Agreement (Canyon Bancorp)

Alterations. Lessee Tenant shall not make no decorationsany alterations, additions, improvements or other Alterations improvement in or to the Leased Premises or install any equipment of any kind that shall require any alterations or additions or affect the use of the Project's water system, heating system, plumbing system, air -conditioning system, electrical system or other mechanical system, or install any telephone antennae on the roof, in the Premises costing in excess windows, or upon the exterior of $10,000.00 or structural in nature, the Project without the prior written consent of LessorLandlord. If any such alterations or additions are made by Tenant without Landlord's consent, Landlord may correct or remove them and Tenant shall be liable for any and all costs and expenses incurred by Landlord in the connection or removal of such work. All plans and specifications for any such work shall be prepared by Tenant at Tenant's expense and shall thereafter be submitted to Landlord for its review. Tenant or Tenant's contractor used to complete such alteration or addition must evidence insurance coverage to include (a) Worker's Compensation Coverage and (b) Comprehensive General Liability and Property Damage insurance in the amount of not less than One Million Dollars ($1,000,000.00) in the aggregate. All work with respect to such alterations and additions shall be done in a good and workmanlike manner and diligently prosecuted to completion to the end that Leased Premises shall at all times be a complete unit except during the period necessarily required for such work. Tenant shall not permit a mechanic's lien(s) to be placed upon the Leased Premises or the Project as a result of any alterations or improvements made by it and agrees, if any such lien be perfected on account of the act of Tenant, promptly to pay the same. If Tenant fails to discharge such lien within fifteen (15) days of its perfection, then, in addition to any other right or remedy of Landlord, landlord may, at its election, discharge the lien. Tenant shall pay on demand any amount paid by Landlord for the discharge or satisfaction of any such lien, and then only at all attorneys' fees and other costs and expenses of Landlord incurred in defending any such action or in obtaining the discharge of such action or in obtaining the discharge of such lien, together with all necessary disbursements in connection therewith. Tenant hereby expressly recognizes that in no event shall it be deemed the agent of Landlord and no contractor of Tenant shall by virtue of its sole cost and expense and by contractors contract be entitled to assert any lien against the Leased Premises or mechanics and in such manner and with such materials as may be approved by LessorProject. All decorations, additions, improvements alterations or other Alterations additions shall become a part of the realty and surrendered to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor Landlord upon the installation thereof, and shall be surrendered with the Premises at the expiration or termination of this Lease. If requested by Lessee in writing, Lessor unless Landlord shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions such work require removal or improvements to restoration on the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination part of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment Tenant as to the probable effect a condition of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardapproval.

Appears in 1 contract

Samples: Commercial Lease Agreement (Savannah Bancorp Inc)

Alterations. Lessee shall make no decorations, additions, a) Prior to beginning construction of any improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to on the Premises, except movable office furnitureor any alteration or addition to any existing Improvements on the Premises, the cost of which exceeds $50,000, Tenant shall submit plans and specifications for such construction to Landlord for approval, which approval shall not be unreasonably withheld or delayed. Landlord does not and will not make any covenant or warranty, express or implied, that any plans and specifications submitted by Tenant are accurate, complete or in any way suited for the intended purpose. Tenant shall indemnify, protect, and equipment installed at hold Landlord harmless from any claims, liabilities, damages, losses, or expenses arising by virtue of or relating to construction work engaged in, by or for Tenant on the expense Premises. Tenant shall timely and regularly pay any and all amounts properly payable to third parties with respect to such work and will maintain its books and records with respect to all aspects of Lesseesuch work and material therefor, shalland will make them available for inspection by Landlord upon request. b) All such work so done by Tenant shall be done in accordance with all laws, unless Lessor elects otherwise in writingordinances and rules and regulations of any federal, become state, county, municipal or other public authority and/or Board of Fire Underwriters. In the property event any liens of Lessor mechanics, materialmen, laborers, architects, artisans, contractors, subcontractors or any other lien of any kind whatsoever shall be created against or imposed upon the installation Premises or the Improvements, such claims or liens of any kind whatsoever shall be asserted or filed by any persons, firms or corporations performing labor or furnishing material in connection with such work, Tenant shall pay off or cause the same to be discharged of record (by bonding or otherwise) within thirty (30) days of notification thereof. c) Tenant acknowledges and agrees that a material condition to the granting of approval by Landlord under Section 11(a) to any alterations and/or improvements required under this Lease or desired by Tenant is that the contractors who perform such work shall carry a comprehensive liability policy naming Landlord as an additional insured thereon covering both bodily injury, on a per person and aggregate basis, and shall be surrendered property damages in such amount, as Landlord in its commercially reasonable discretion may determine necessary or desirable and consistent with reasonable practices in the area in which the Premises are located, at Tenant’s expense; provided, however, that Landlord LEGAL28306451.1 shall have the expiration right to require Tenant to increase such amounts from time to time as Landlord in its commercially reasonable judgment may determine necessary and consistent with reasonable practices for similar properties in the area in which the Premises are located. Landlord may require proof of this Lease. If requested by Lessee in writing, Lessor shall designate such insurance coverage from each contractor at the time of its approval submission of any Tenant’s request by Lessee for permission Landlord’s consent to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardcommence work.

Appears in 1 contract

Samples: Stock Purchase Agreement (Heartland Express Inc)

Alterations. Lessee 12.1 The LESSEE shall make no decorationsnot make, nor suffer to be made, any additions, alterations or improvements to the Leased Premises or any part thereof (the “LESSEE Improvements”), without first obtaining the prior written consent of the LESSOR, which consent may be withheld by the LESSOR in its sole discretion, and which consent shall, as a prior condition of being valid and enforceable, be evidenced by a writing signed by both the Administrator of Leasing and Property Transfer and the Administrator of Facilities Management of the State of Connecticut Department of Administrative Services. Any additions, alterations or improvements to the Leased Premises shall be at the LESSEE’s sole cost and expense. The LESSOR reserves the right to require the LESSEE to furnish a performance bond, in an amount and issued by an insurer acceptable to the LESSOR, to insure completion of the LESSEE Improvements. 12.2 The LESSEE shall not permit any materialman’s or mechanic’s lien or liens to be placed upon the Leased Premises or other Alterations property of the LESSOR caused by or resulting from any work performed, materials furnished or obligations incurred by or at the request of the LESSEE. The LESSEE shall not cause any work to be performed, materials furnished or obligations to be incurred that might give rise to the filing of such a materialman’s or mechanic’s lien or other liens, and nothing contained in this Lease shall be in any way a consent or request to the LESSEE, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any specific improvement, alteration or repair of or to the Leased Premises or any part thereof, nor as giving the LESSEE any right to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any materialman’s or mechanic’s lien or other lien or liens against the interest of the LESSOR. In the case of the filing of any lien or claim for lien, the LESSEE shall discharge such lien or claim for lien by payment, deposit, bond or by order of a court of competent jurisdiction or otherwise within thirty (30) business days after becoming aware of its filing. If the LESSEE fails to discharge any lien or claim for lien within this period, then, in addition to any other right or remedy of the LESSOR, the LESSOR, without investigating its validity, may discharge the same either by paying the amount claimed to be due or by procuring its discharge by deposit in court or bonding. Any amount paid by the LESSOR for any of the aforesaid purposes, and all reasonable legal and other expenses of LESSOR, including reasonable attorneys’ fees, in any legal action or in procuring the discharge of any lien, with all disbursements in connection therewith, shall be paid by the LESSEE to the LESSOR on demand with interest thereon of ten (10%) percent (or the maximum legal limit, whichever is lower), from the date of payment. 12.3 Any alterations or additions to the Leased Premises, including any LESSEE Improvements, shall become, at no cost to the LESSOR, the property of the LESSOR, together with any warranties for labor or materials in connection with the LESSEE Improvements, to the extent assignable. The LESSOR reserves the right, however, at the termination or expiration of the Lease, to demand, upon written notice to the LESSEE, that the LESSEE remove any such alterations and additions at the LESSEE’s sole cost and expense, leaving the Leased Premises in substantially the same condition as it was at the beginning of the Initial Term, reasonable wear and tear based upon good maintenance practices excepted. 12.4 The following shall apply to any approved LESSEE Improvements undertaken by the LESSEE: (a) The LESSEE Improvements shall not require the LESSOR to make changes in or about the common areas of the building in which the Leased Premises is located, if applicable. (b) The LESSEE Improvements shall not adversely affect in any way the outside appearance or overall value of the Leased Premises or the building in which it is located, the style or color of any building standard venetian blinds, and the construction thereof shall not, in the sole opinion of the LESSOR, weaken or impair the structure of the Leased Premises costing or the building in excess which it is located either during the making of $10,000.00 such LESSEE Improvements or structural upon their completion. (c) The proper functioning of the equipment in naturethe building in which the Leased Premises is located shall not be adversely affected in the sole opinion of the LESSOR. Upon completion of the LESSEE Improvements, the LESSEE shall cause all waste material, rubbish, tools, equipment, machinery, and surplus materials to be removed from and around the Leased Premises. (d) The LESSEE Improvements shall be performed in such a manner so as not to unreasonably interfere with the business of any other occupant of the building in which the Leased Premises is located, if applicable, and not to impose any substantial hazard to the safety or security of other occupants in and about said building. To the extent possible, the LESSEE shall not use passenger elevators, if any, during regular business hours on business days for hauling or removing materials and debris. (e) Before proceeding with any LESSEE Improvements, the LESSEE shall submit to the LESSOR, at the LESSEE’s sole cost and expense, at least two (2) copies of detailed plans and specifications therefor, for the LESSOR’s review and written consent. Any LESSEE Improvements for which consent has been obtained shall be performed in accordance with the approved plans and specifications, and no material changes thereto shall be made without the prior written consent of Lessorthe LESSOR, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as which may be approved by Lessor. All decorations, additions, improvements or other Alterations to withheld in the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in LessorLESSOR’s sole discretion. (f) The LESSEE shall not install, based upon its reasonable judgment in any part of the Leased Premises, any permanently attached materials, fixtures or articles which are subject to liens, chattel mortgages or security interests (as such term in defined in the Uniform Commercial Code in effect in the State of Connecticut, as amended from time to time). Telephones, computer equipment, business machines and other equipment which can be removed without material damage to the probable effect Leased Premises are excluded from the foregoing. (g) The LESSEE shall complete any LESSEE Improvements under the administration of such Alterationa licensed architect or licensed professional engineer, addition or improvement if so required by the LESSOR, in the LESSOR’s sole discretion. If the LESSOR so requires, upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination completion of the term of this Lease. If required by Lessor LESSEE Improvements, the LESSEE shall deliver a certification from the LESSEE’s architect or professional engineer that the LESSEE Improvements have been completed substantially in accordance with the foregoingplans and specifications approved by the LESSOR. (h) The LESSEE, any at its own expense, shall obtain all necessary governmental approvals, permits, authorizations and certificates for the commencement and prosecution of the LESSEE Improvements and for final approval thereof upon completion. The LESSEE, at its own expense, shall provide the LESSOR with two (2) copies of all such Alterationapprovals, addition or improvement permits, authorizations and certificates (if not issued by the State of Connecticut Department of Administrative Services). The LESSEE shall cause all LESSEE Improvements to be performed in a good and first-class workmanlike manner, using new materials and equipment at least equal in quality to the original standard installations of the Leased Premises. (i) Throughout the performance of the LESSEE Improvements, the LESSEE, at no cost or expense to the LESSOR, shall carry or cause to be carried, workers’ compensation insurance covering all persons employed in connection with such improvements in statutory limits and general liability insurance for any occurrence in or about the Leased Premises and the building in which they are located, naming the LESSOR as additional insured, in such limits as the LESSOR may prescribe, in its sole discretion, with insurers satisfactory to the LESSOR. The LESSEE shall be removed furnish the LESSOR with a certificate of such insurance before the commencement of the LESSEE Improvements and, on request, at Lesseereasonable intervals thereafter. (j) The LESSEE Improvements shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 including any amendments or regulations pertaining thereto. 12.5 The LESSEE shall keep full and complete records describing any LESSEE Improvements, including the aggregate cost thereof (including architect’s expense upon the expiration or sooner termination of and engineer’s fees and expenses), during the term of this Lease and Lesseefor a period of five (5) years thereafter. Upon the request of the LESSOR, at the LESSEE shall provide the LESSOR and/or its expense, shall also repair any damage to the Premises caused by authorized representative full and complete copies of such removal and restore the Premises to Building standardrecords.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Lessee Except as set forth on Exhibit A, attached hereto, Tenant shall not make no decorationsor cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Premises without first obtaining Landlord’s written approval. Such approval shall not be unreasonably withheld. Tenant shall present to Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements or other Alterations in to the Premises costing in excess of $10,000.00 or structural in natureby Tenant, without the prior written consent of Lessor, and then only same shall be made by Tenant at its Tenant’s sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessorexpense. All decorationssuch work with respect to any alterations, additions, and changes shall be done in a first-class and workmanlike manner and diligently completed so that, expect as absolutely necessary during the course of such work, the Premises shall at all times be a complete operating unit. Any such alerations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements or other Alterations to the Premises, except movable office furnitureincluding, but not limited to, wall covering, paneling, and equipment installed built-in cabinet work shall at once become a part of the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, realty and shall be surrendered with the Premises unless Landlord otherwise elects at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination end of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardhereof.

Appears in 1 contract

Samples: Office Lease (Clearone Communications Inc)

Alterations. Lessee A. Tenant should have the right, without Landlord's consent, to make non-structural changes to the interior architectural treatments of the premises, provided that such changes shall not diminish the value of the Building or create liens. B. Tenant shall not make no decorationsany installations, alterations, additions, improvements or other Alterations improvements, including underground tunnels for the Drive-Up Window and Remote Unit, one or more ATM's, and the Drive-Up Window, Remote Unit and Canopy ("work") in or to the Premises without first submitting detailed plans and specifications to Landlord and securing Landlord's prior written consent, which may be withheld or conditioned in the Premises costing in excess sole and absolute discretion of $10,000.00 Landlord. All such work shall be performed by employees of or structural in naturecontractors employed by Landlord or, without the prior with Landlord's written consent given prior to the letting of Lessorthe contracts, by contractors employed by Tenant. In each case, the work shall be performed only under written contracts first approved in writing by Landlord. Tenant shall submit to Landlord's supervision over all such work and promptly shall pay to landlord or to Tenant's contractors, as the case may be, when due, all costs of such work, and then only at its sole cost upon completion of the work, if payment is made directly to Tenant's contractors, Tenant shall deliver to Landlord evidence of full payment, sworn contractors' statements and expense affidavits, and by contractors or mechanics full and in such manner final waivers of all liens for all labor, services and with such materials as may be approved by Lessorfurnished. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, work done by Tenant and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and its contractors shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee done in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in strict accordance with the foregoingapproved plans and specifications and all requirements and conditions imposed by Landlord, any such Alterationin a first class, addition or improvement xxxxxxx-like manner using new, top quality materials, and in compliance with all insurance requirements and all laws, ordinances, rules and regulations of all governmental bodies. If Landlord supervises Tenant' s work, Tenant shall pay Landlord an amount equal to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination 15% of the term cost of all work done under this Lease Section to reimburse Landlord for its overhead and Lesseeother administrative costs, at fees and expenses incurred in respect thereto. Tenant shall keep the Building and Premises free of all liens and claims of lien; and if any lien or claim of lien is asserted, rightfully or wrongfully, on account of any act or omission of Tenant or anyone for whom Tenant is responsible, Tenant shall cause the same to be released or discharged within 30 days or shall provide Landlord with security satisfactory to Landlord in its expensesole judgment within said period. If Tenant fails to do so, Landlord, in addition to all other available rights and remedies, may cause such lien or claim of lien to be released or discharged, and Tenant shall also repair any damage to pay Landlord all cost, expenses and fees incurred by landlord in connection therewith. To the Premises caused fullest extent allowed by law, Tenant shall indemnify, defend and hold harmless Landlord and its agents and employees against and from all claims, actions, liabilities, injuries, damages, liens, costs, expenses and fees asserted or incurred in connection with such removal and restore the Premises to Building standardwork.

Appears in 1 contract

Samples: Branch Facility Lease (Village Bancorp Inc)

Alterations. Lessee 3. Tenant shall make no decorationschanges in or to the Demised Premises of any nature without Owner's prior written consent, additionswhich shall not shall be unreasonably withheld, improvements conditioned or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without delayed. Subject to the prior written consent of LessorOwner, and then only to the provisions of this Article, Tenant, at its sole cost Tenant's expense, may make alterations, installations, additions or improvements which are nonstructural and expense which do not affect utility services or plumbing and by electrical lines, in or to the interior of the Demised Premises using contractors or mechanics first approved in each instance by Owner, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, however, Landlord's prior negative experience with, concerns regarding the financial stability of, and in any criminal proceedings pending against, any such manner and with such materials as may contractor or mechanic shall be approved by Lessordeemed to be a reasonable basis upon which for Landlord to refuse to grant its approval. All decorationsTenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or other Alterations quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such worker's compensation, general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic's lien is filed against the Demised Premises, except movable office furnitureor the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged by Tenant within five days thereafter, at Tenant's expense, by payment or filing the bond required by law or otherwise. All fixtures and equipment all paneling, partitions, railings and like installations, installed in the premises at the expense of Lesseeany time, either by Tenant or by Owner on Tenant's behalf, shall, unless Lessor elects otherwise in writingupon installation, become the property of Lessor upon the installation thereof, Owner and shall remain upon and be surrendered with the Demised Premises at 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 right thereto and to have them removed by Tenant, in which event the same shall be removed from the Demised Premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this Lease. If requested by Lessee in writingArticle shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, Lessor shall designate at the time of its approval moveable office furniture and equipment, but upon removal of any request by Lessee for permission to make Alterations, additions such from the premises or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination removal of the term of this Lease. Any such designation shall other installations as may be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoingOwner, any such Alteration, addition or improvement to the Premises Tenant shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease immediately and Lessee, at its expense, shall also repair and restore the premises to the condition existing prior to installation and repair any damage to the Demised Premises caused or the building due to such removal. All property permitted or required to be removed by such removal Tenant at the end of the term remaining in the premises thereafter shall be deemed abandoned and restore may, at the Premises to Building standardelection of Owner, either be retained as Owner's property or removed from the premises by Owner, at Tenant's expense.

Appears in 1 contract

Samples: Lease Agreement (L90 Inc)

Alterations. Lessee (a) Tenant shall not make no any alterations, decorations, additions, improvements or other Alterations in additions to the Premises costing in excess of $10,000.00 or structural in natureattach any fixtures or equipment thereto, without the Landlord’s prior written consent approval, such approval not to be unreasonably withheld, conditioned or delayed. All such alterations, interior decorations, improvements or additions made to the Premises or the attachment of Lessor, and then only any. fixtures or equipment thereto shall be performed at its Tenant’s sole cost and expense expense. Notwithstanding the foregoing, Tenant may (i) affix pictures and by contractors or mechanics shelving to the walls and (ii) perform other minor cosmetic alterations to the Premises not exceeding Five Thousand and 00/100ths Dollars ($5,000.00) in such manner and with such materials as may be approved by Lessor. the aggregate, without Xxxxxxxx’s consent. (b) All alterations, decorations, additions, improvements or other Alterations additions to the Premises made by Tenant shall be deemed to have been attached to the Premises, except movable office furniture, . and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, to have become the property of Lessor Landlord upon the installation such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, decorations, improvements or additions, except trade fixtures installed by Tenant; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be surrendered with the Premises removed by Tenant at the expiration or termination of this Lease. If requested by Lessee in writing, Lessor and Tenant shall designate at properly remove the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease same and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal. (c) In performing such alterations, decorations, improvements or additions, or in the removal thereof, Tenant shall use due care to cause as little damage or injury as possible to the Premises and restore the Building and shall repair all damage or injury that may occur to the Premises or the Building. (d) Xxxxxx agrees in doing any such work in or about the Premises to Building standardengage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. Any contractors employed by Tenant shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. (e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at Xxxxxx’s sole cost and expense, all necessary permits, authorizations and licenses required by the various governmental authorities having jurisdiction over the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Alterations. Lessee will not make any alteration, additions or improvements in or to the Premises without the written consent of Lessor first having been obtained, which consent may be withheld in Lessor's reasonable discretion. Before commencing any work relating to approved alterations, additions and improvements affecting the Premises, Lessee shall make no decorationsnotify Lessor in writing of the expected date of commencement thereof and Lessee shall present to Lessor plans and specifications for such alterations, additions or improvements at the time approval is sought. In the event Lessor consents to the making of any alterations, additions, or improvements or other Alterations in to the Premises costing in excess of $10,000.00 or structural in natureby Lessee, without the prior written consent of Lessor, and then only same shall be made by Lessee at its Lessee’s sole cost and expense and expense. All such work shall be done only by contractors or mechanics and in such manner and with such materials as may be approved by Lessor, which approval shall not be unreasonably withheld, conditioned or delayed. All decorations, additions, improvements Lessee shall not permit any mechanics or other Alterations materialmen's liens to be levied against the Premises, except movable office furniture, and equipment installed Premises for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee's agents or contractor in connection with work of any character preformed or claimed to have been performed on the Premises by or at the expense direction of Lessee. Unless Lessor requires their removal by notice to Lessee given at the time of consent (or within ten (10) days after notice by Lessor form Lessee of alterations not requiring its approval), shallall alterations, unless Lessor elects otherwise in writing, improvement or additions which may be made on the Premises shall become the property of Lessor and remain upon the installation thereof, Premises and shall be surrendered with the Premises at the expiration of this Leasethe Term. If requested by any mechanics or materialmen's lien, at any time, is filed against the Premises, or any part of the Premises, Lessee will cause such lien to be discharged of record within thirty (30) days after the filing of such lien (or any shorter period if required under Lessor's loan documents applicable to the Premises), except that if Lessee desires to contest such lien, it will furnish Lessor, within such 30-day (or shorter) period, security reasonably satisfactory to Lessor and its lender of at least 150% of the amount of the claim (or such higher amount as required to comply with applicable statutes to release the lien), plus estimated costs and interest or comply with such statutory procedures as may be available to release the lien. Such contest shall suspend the enforcement of any lien against the Premises. Lessor may at any time apply such deposit to the payment of such lien if Lessor at any time reasonably believes that such lien could result in writinga foreclosure. Within ten (10) days of the final determination of a contest establishing the validity or existence of a lien for any amount is entered, Lessee will pay and satisfy the same. At any time Lessee either desires, to or is required to, make any repairs, alterations, additions, improvements or utility installation thereon, or otherwise, Lessor shall designate may at its sole option require Lessee, at Lessee's sole cost and expense, to obtain and provide to Lessor a lien and completion bond in an amount equal to one and one-quarter (11/4) times the time estimated cost of such improvements, to insure Lessor against liability for mechanics and materialmen's liens and to insure completion of the work. Lessee agrees that Lessor, at its option, may at its own expense make repairs, alterations or improvements which Lessor may deem necessary or advisable for the preservation safety or improvement of the Premises, including the right to modernize, improve, alter or make other changes to the Facility, or any portion thereof following no less than thirty (30) days’ notice to Lessee and approval of any request by Lessee for permission (which approval shall not be unreasonably withheld, delayed, or conditioned) solely as to the nature of such alterations or improvements to make Alterationssure they are consistent with Lessee's use of the Premises and its programmatic requirements, additions or improvements provided that Lessee shall at all times have reasonable access to the Premises, those items for which and Lessor reserves the right shall schedule all such activities to require Lessee to remove upon the expiration or sooner termination of the term of this Leaseminimize interference with Lessee's school program. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as Notwithstanding any provision to the probable effect contrary in this Section, Lessee may, following ten (10) days prior written notice to Lessor make the following alterations without prior consent from Lessor: (i) installation of such AlterationLessee's trade fixtures; and (ii) non-structural alterations, addition additions, or improvement upon Lessor’s ability to freely re-let improvements in the Premises upon that cost less than $25,000 in the expiration aggregate on a yearly basis to complete the entire project or sooner termination are decorative or cosmetic in nature (such as repainting, recarpeting, reflooring, hanging wall coverings, installing low-voltage wiring and hanging pictures and light-weight shelving). Lessee shall at all times comply with NRS Chapter 108 in order to allow Lessor to properly record and effectuate notices of the term of this Lease. If required by Lessor in accordance with the foregoingnon-responsibility, any such Alterationincluding, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease without limitation, NRS 108.2403 and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardNRS 108.2407.

Appears in 1 contract

Samples: Charter School Lease

Alterations. Lessee Tenant shall make no decorationsnot perform any alterations, additions, demolition, installations, or improvements in, on, of or other Alterations in to the Premises costing in excess of $10,000.00 or structural in nature, (“Alterations”) without the Landlord’s prior written consent consent, which Landlord shall not unreasonably withhold except as provided below. No Alterations shall be permitted that, in Landlord’s sole discretion, adversely affect the Building’s systems, structure or exterior appearance, or value or marketability of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessorthe Premises. All decorationsAlterations shall be performed in accordance with all applicable laws, additionscodes, improvements or other regulations, ordinances and rules. All Alterations to shall be performed in a good and workmanlike manner by tradesmen skilled in their respective trades, using only new materials. All Alterations and Tenant’s Work shall, upon installation, become part of the Premises, except movable office furnitureshall be owned by Landlord, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise Landlord requires removal, remain in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration or termination of this Lease. If requested by Lessee in writing, Lessor shall designate at the time Lease or termination of its approval Tenant’s right to possession of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves without compensation or credit to Tenant. Landlord shall, without limitation, have the right to receive and approve all contractors, subcontractors, construction contracts, plans and specifications, contractor insurance and sworn owners affidavits. In addition Owner shall have the right to require Lessee to remove upon the expiration or sooner termination satisfactory evidence of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon LessorTenant’s ability to freely re-let pay and the Premises upon posting of payment and performance bonds from contractors. Notwithstanding anything to the expiration or sooner termination contrary, Tenant may, without Landlord’s consent, but with prior notice to Landlord, make alterations to the interior of the term Premises, the cost of this Lease. If required by Lessor which does not exceed $250,000 in accordance with the foregoingaggregate, and which do not alter, modify or in any such Alterationother manner whatsoever affect (i) the structural portions of the Premises, addition or improvement to (ii) the roof of the building of which the Premises shall be removed at Lessee’s expense upon form a part and the expiration or sooner termination exterior of the term of this Lease and Lessee, at its expense, shall also repair any damage Premises (including but not limited to the Premises caused by such removal and restore storefront), (iii) the structural integrity of the building of which the Premises to Building standardshall form a part, or (iv) the plumbing, electrical, heating, ventilating, air-conditioning, or mechanical systems or installations in the Premises.

Appears in 1 contract

Samples: Single Tenant Net Lease (Childrens Place Retail Stores Inc)

Alterations. Lessee Except as set forth on Exhibit "B" attached hereto, Tenant shall not make no decorationsor cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises without first obtaining Landlord's written approval, which approval shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements or other Alterations in to the Leased Premises costing in excess of $10,000.00 or structural in natureby Tenant, without the prior written consent of Lessor, and then only same shall be made by Tenant at its Tenant's sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessorexpense. All decorationssuch work with respect to any alterations, additions, and changes shall be done in a first-class and workmanlike manner and diligently completed so that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements to or other Alterations to of the Leased Premises, except movable office furnitureincluding, but not limited to, wall covering, paneling, and equipment installed built-in cabinet work shall at once become a part of the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, realty and shall be surrendered with the Leased Premises at the expiration of this Lease. If requested by Lessee unless Landlord otherwise elects in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements writing not less than thirty (30) days prior to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination end of the term of this Leasehereof. Any If Landlord so elects, Tenant shall remove such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as items prior to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination end of the term of this Lease. If required by Lessor in accordance with the foregoinghereof, any such Alteration, addition or improvement to the Premises and shall be removed at Lessee’s expense upon responsible for the expiration or sooner termination repair of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Leased Premises caused by such removal and restore the Premises to Building standardremoval.

Appears in 1 contract

Samples: Lease Agreement (BMB Munai Inc)

Alterations. Lessee (a) Tenant shall not make no any alterations, decorations, additions, improvements or other Alterations in additions to the Premises costing in excess of $10,000.00 or structural in natureattach any fixtures or equipment thereto, without the Landlord’s prior written consent approval, such approval not to be unreasonably withheld, conditioned or delayed. All such alterations, interior decorations, improvements or additions made to the Premises or the attachment of Lessor, and then only any. fixtures or equipment thereto shall be performed at its Tenant’s sole cost and expense expense. Notwithstanding the foregoing, Tenant may (i) affix pictures and by contractors or mechanics shelving to the walls and (ii) perform other minor cosmetic alterations to the Premises not exceeding Five Thousand and 00/100ths Dollars ($5,000.00) in such manner and with such materials as may be approved by Lessor. the aggregate, without Xxxxxxxx’s consent. (b) All alterations, decorations, additions, improvements or other Alterations additions to the Premises, except movable office furniture, Premises made by Tenant shall be deemed to have been attached to the Premises and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, to have become the property of Lessor Landlord upon the installation such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, decorations, improvements or additions, except trade fixtures installed by Tenant; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be surrendered with the Premises removed by Tenant at the expiration or termination of this Lease. If requested by Lessee in writing, Lessor and Tenant shall designate at properly remove the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease same and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal. (c) In performing such alterations, decorations, improvements or additions, or in the removal thereof, Tenant shall use due care to cause as little damage or injury as possible to the Premises and restore the Building and shall repair all damage or injury that may occur to the Premises or the Building. (d) Xxxxxx agrees in doing any such work in or about the Premises to Building standardengage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. Any contractors employed by Tenant shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. (e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at Xxxxxx’s sole cost and expense, all necessary permits, authorizations and licenses required by the various governmental authorities having jurisdiction over the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Alterations. Lessee Tenant shall not make no decorations, additions, improvements (or other Alterations in permit to be made) any alteration to the Premises costing in excess of $10,000.00 or structural in nature(including, without limitation, the attachment of any fixture or equipment) unless such alteration (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of LessorLandlord not to be unreasonably withheld, conditioned or delayed, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such reasonable indemnification and/or bonds requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and then to insure the completion of any alteration, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at its sole cost and expense and by contractors or mechanics such time and in such manner and with such materials as may be approved by Lessorto not disturb the Landlord or other tenants in the Building. All decorations, additionssuch alterations, improvements or other Alterations and additions (including all articles attached to the floor, wall or ceiling of the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, ) shall become the property of Lessor upon the installation thereofLandlord and shall, and shall at Landlord’s election, be (i) surrendered with the Premises as part thereof at the termination or expiration of this Lease. If requested the Term, without any payment, reimbursement or compensation therefor, or (ii) removed by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and LesseeTenant, at its Tenant’s expense, shall also repair any with all damage to the Premises caused by such removal repaired by Tenant. Tenant may remove Tenant’s trade fixtures, office supplies, movable office furniture and restore equipment not attached to the Premises Building, provided such removal is made prior to Building standardthe expiration of the Term, no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by such removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may arise out of, or be connected in any way with, any such change, addition or improvement. Within twenty (20) days following the imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a proper bond.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Alterations. Lessee shall Not make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 major or structural in nature, additions or alterations to the interior or any additions or alterations to the exterior of the leased premises without the LESSOR'S prior written consent of Lessor(which consent shall not be unreasonably delayed or withheld), and then only at its sole when such consent be given, cause all such permitted additions and alterations to be done in a good workmanlike manner. LESSOR'S written approval of LESSEE'S construction and/or remodeling Plans and Specifications furnished to LESSOR prior to the commencement of such work shall constitute LESSOR'S consent. LESSEE further agrees that, in undertaking any such additions or alterations, it shall obtain and pay for all permits from all public authorities, as may be required, pay all cost and expense arising from such undertaking, as well as for all damage occasioned in connection therewith; and by contractors or mechanics LESSEE shall obtain and furnish satisfactory evidence of such additional insurance protecting LESSOR as LESSOR may reasonably request. LESSEE shall cause all permitted work to be done in such manner accordance with the Plans and with such materials as may be Specifications approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereofLESSOR, and shall be surrendered solely responsible to see that such Plans and Specifications comply with all building, fire and sanitary codes and regulations of governmental authorities having jurisdiction, and any other such laws, codes and regulations, including the requirements and recommendations of LESSOR'S insurance underwriters, relative to such work. LESSEE understands that LESSOR'S approval of said Plans and Specifications as above provided for shall not in any manner be deemed or construed to be an indication or acknowledgment that same are in conformity with such codes, regulations, laws, recommendations or other requirements relating thereto. If LESSEE shall install business fixtures and equipment, or construct partitions, soffits, lofts, shelves, or other improvements (including the installation or relocation of light fixtures) which overload utility lines or result in excessive spacing of sprinkler heads, or which obstruct or impede the sprinklers and/or operation thereof in any way, LESSEE shall, on demand and at its sole expense, make whatever changes are necessary including, but without limit to, the extending, addition, or lowering of sprinkler lines and heads to comply with the Premises requirements or recommendations of LESSOR'S insurance underwriters and/or governmental authorities having jurisdiction thereof. All such additions and alterations (including wall to wall carpeting) shall be and become a part of the realty which shall at LESSOR'S option, upon the termination or expiration of this Lease. If requested by Lessee in writingthe lease term, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination remain with and be a part of the term premises for the benefit of this Lease. Any such designation LESSOR, and LESSOR shall be in Lessor’s sole discretionunder no obligation to compensate LESSEE therefor. However, based upon its reasonable judgment as to the probable effect of such Alterationif directed by LESSOR, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, LESSEE at its expensesole expense shall remove all such additions and alterations, shall also repair any all damage to the Premises caused occasioned by such removal removal, and restore the Premises premises to Building standardas good a condition as when received, reasonable wear and tear, excepted.

Appears in 1 contract

Samples: Lease (Family Christian Stores Inc)

Alterations. Lessee Tenant shall not make no decorationsor allow to be made any alterations, additionsinstallations, additions or improvements in or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except or place safes, vaults or other heavy furniture or equipment within the Premises, without Landlord’s prior written consent. All alterations, installations, additions or improvements, other than movable office furniturefurniture and movable trade fixtures, made by Tenant to the Premises shall remain upon and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises and become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant’s right to possession of the Premises; provided, however, that Tenant may remove any trade fixtures, office furniture and equipment if (a) such removal is made prior to the expiration or termination of the Lease. If requested by Lessee , (b) Tenant is not in writing, Lessor shall designate Default under the Lease at the time of its approval of any request such removal, and (c) Tenant promptly repairs all damage caused by Lessee for permission to make Alterations, additions or improvements such removal in a good and workmanlike manner prior to the Premisesexpiration or termination of the Lease. Notwithstanding the foregoing, those items for which Lessor reserves the right to Landlord may require Lessee Tenant, at Tenant’s cost, to remove any or all of such items that either are not Building standard items or which are Building standard items that exceed Building standard quantities upon the expiration or sooner termination of this Lease or the term termination of Tenant’s right to possession of the Premises if designated by Landlord in writing at the time of Landlord’s approval of the plans and specifications for such non-Building standard item. Tenant shall make, or reimburse Landlord for the cost of, all repairs to the Premises and/or Project for damage resulting from any removal by Tenant of its property to be removed in accordance with this Article 6. All work shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic’s, materialman’s or other similar liens shall attach to Tenant’s leasehold estate, and in no event shall Tenant permit, or be authorized to permit, any such liens or other claims to be asserted against Landlord or Landlord’s rights, estate and interests with respect to the Project or this Lease. Any such designation shall be in LessorLandlord may require, at Tenant’s sole discretioncost and expense, based upon its reasonable judgment as a lien and completion bond in an amount equal to the probable effect estimated cost of such Alterationany improvements, addition additions or improvement upon Lessor’s ability to freely re-let alterations in the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardPremises.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Ii Inc)

Alterations. The Lessee shall not make no decorationsany alterations in or additions to the Premises without the Lessor's advance written consent in each and every instance, not to be unreasonably withheld. All alterations or additions shall be made pursuant to the following conditions: (a) Before commencement of any work or delivery of any materials onto the Premises or into the Building, the Lessee shall furnish the Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Lessor and waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions, improvements together with certificates of insurance from all contractors performing labor or other furnishing materials insuring the Lessor against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. In addition, Lessee shall provide an "All Physical Loss" Builders Risk insurance policy with respect to all alterations and additions in an amount equal to l00% of the replacement cost of the alterations and additions. Lessor shall be named an insured as its interest may appear. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to defend, indemnify and hold the Lessor harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. (b) Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner additions shall comply with all insurance requirements and with such materials as may be approved by Lessor. All decorations, additions, improvements all ordinances and regulations of the City of Chicago or other Alterations to any department or agency thereof and with the Premises, except movable office furniture, requirements and equipment installed at statutes and regulations of the expense State of Lessee, shall, unless Lessor elects otherwise in writing, become the property Illinois or of Lessor upon the installation any department or agency thereof, and shall be surrendered installed in a good, workmanlike manner and only new, high-grade materials shall be used. Lessee shall permit the Lessor to supervise construction operations in connection with alterations or additions if the Lessor requests to do so. (c) The Lessee shall pay all the costs of such alterations and additions plus a reasonable amount to Lessor for Lessor's overhead with respect to supervision necessary to satisfy Lessor that no damage will result to the Building. Such charge shall not, however, relieve Lessee of any responsibility or liability for any such damage. Lessee shall also pay the cost of decorating the Premises occasioned by such alterations and additions. Each payment upon said costs shall be only upon receipt of all such contractor's and subcontractor's sworn statements, full or partial waivers of lien, certificates and other documentation, if any, as Lessor or any title insurance company shall request in order to fully protect the building and the Premises against all possible claims in the nature of mechanic's liens arising out of the performance of said work and to enable said title insurance company to insure the title to the Premises and the building against such claims. Without limitation of the foregoing, upon completing any alterations or additions, the Lessee shall furnish the Lessor with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used, together with all such of the other documentation described above as Lessor shall require. (d) All alterations, additions, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon the Premises, including all affixed lighting fixtures, heating, ventilating and air conditioning equipment, and all pipes, ducts, conduits, wiring, paneling, partitions, railing, galleries and the like, whether placed there by the Lessee or by the Lessor, shall, unless the Lessor requests their removal, become the Lessor's property and shall remain upon the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Lessee. If, upon the Lessor's request, the Lessee does not remove said additions, hardware, non-trade fixtures and Lesseeimprovements, at its expensethe Lessor may remove the same and the Lessee shall pay the cost of such removal to the Lessor upon demand. In any event, Lessee shall also repair or pay on demand all costs of repair of, any damage to the Premises caused by or the Building done during the course of such removal and restore the Premises to Building standardremoval.

Appears in 1 contract

Samples: Office Lease (Tunes Com Inc)

Alterations. Lessee LESSEE shall be permitted without the consent of the ----------- LESSOR, to make no decorationsany alterations in or additions to the Premises which are normal and ordinary for its data center use, additionsprovided that such changes or alterations do not have a materially adverse impact upon the LESSOR's use of the remaining property. LESSEE shall not make any other alterations in or additions to the Premises without LESSOR's prior written consent, improvements which consent shall not be unreasonably withheld, provided that such consent shall be at the sole and unrestricted option of LESSOR if such changes or other Alterations alterations would have a materially adverse impact upon the LESSOR's use of the remaining property. If LESSOR consents to such alterations or additions before the commencement of the work or delivery of the materials into the Premises or Building, LESSEE shall furnish LESSOR for approval: (a) 3 duplicate sets of plans and specifications; (b) names and addresses of contractors; (c) copies of all contracts; (d) necessary permits; (e) indemnification from LESSEE that LESSEE will be responsible for the costs of the work to the Premises made by or at the direction of LESSEE. (f) certificates of insurance from all contractors performing labor or furnishing materials, insurance against any and all claims, costs, damages, liabilities and expense which may arise in connection with the alterations or additions in amount satisfactory to LESSOR and naming LESSOR as an additional insured party. Notwithstanding the above, in the Premises costing in excess of $10,000.00 or structural in nature, without event LESSEE provides to Landlord its plans and specifications for the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may initial work to be approved by Lessor. All decorations, additions, improvements or other Alterations done to the Premises, except movable office furniturethe LESSOR shall provide its approval thereof not later than 10 days upon receipt of such plans and specifications (Time is of the essence). Whether LESSEE furnished LESSOR the foregoing or not, LESSEE hereby agrees to hold LESSOR and its respective agents and employees harmless from any and all liabilities of every kind or description which may arise out of or be connected in any way with said alterations or additions, unless such work is performed by or under the direction of LESSOR. With respect to any mechanic's lien filed against the Premises or Building, for work claimed to have been furnished to LESSEE, LESSEE shall either discharge such lien record within ten (10) days thereafter, at LESSEE's expense, or shall post a surety bond or other security with LESSOR in form and amount reasonably satisfactory to LESSOR. Upon completing any alterations or additions, LESSEE shall furnish LESSOR with contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with LESSOR's instructions, any insurance requirements, and equipment installed at with all statutes, regulations, or municipal ordinances. All alterations and additions shall comply with LESSOR's instructions, any insurance requirements, and with all statutes, regulations, or municipal ordinances. All alterations and additions shall be constructed in a good and workmanlike manner with new materials of good grade and are subject to inspection and approval by LESSOR. Upon the expense expiration of Lesseeor other termination of the Lease Term or extensions thereof, LESSEE shall quit and surrender to LESSOR the Premises in good order and condition as provided in this Lease, ordinary wear and tear excepted, and LESSEE shall remove all of its property. All permanent attachments and fixtures, except only office furniture or equipment, in or upon the Premises, whether placed there by LESSEE or by LESSOR, shall, unless Lessor elects otherwise in writing, become the LESSOR's property of Lessor upon the installation thereof, and shall be surrendered with remain upon the Premises at the expiration termination of this LeaseLease by lapse of time or otherwise without compensation or allowance or credit to LESSEE. If requested by Lessee in writing, Lessor shall designate at It is understood that Tenant will remove the time hardware of its security and communications systems, but the wiring will remain upon the premises. The following items of decorating are deemed approved by LESSOR, provided that the requirements set forth in this Agreement are observed: Items, the weight of which do not exceed the carrying capacity of the wall, such as magazine racks, hat racks (but not coat racks), clocks, pictures, shelving, blackboards and bulletin boards, may be hung using proper equipment and procedures. In the case of installation of items which may exceed the carrying capacity of the wall, LESSOR shall be consulted for proper methods of installation and its approval shall be obtained prior to any such installation. Nothing herein shall be deemed an approval of any work done by LESSEE which affects the electrical, heating, ventilating and air conditioning systems., without LESSOR's prior consent, which consent shall not be unreasonably withheld. LESSOR's pre-approval as set forth above shall not relieve LESSEE from its obligation, upon the request by Lessee for permission to make Alterationsof LESSOR, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal installation and restore the Premises to Building standardtheir original condition.

Appears in 1 contract

Samples: Lease Agreement (Metavante Corp)

Alterations. Lessee shall maintain Leased Premises and every part thereof in good repair and condition, damage thereto by fire, windstorm, Acts of God, or the elements excepted. Lessee shall not make no decorationsor suffer to be made any alterations, additions, or improvements to or other Alterations in of the Leased Premises costing in excess of $10,000.00 or structural in nature, any part thereof without the prior written consent of Lessor. In the event Lessor consents to the proposed alterations, and then only additions or improvements, the same shall be at its sole the Lessee's cost and expense and by contractors or mechanics Lessee shall hold the Lessor harmless on account of the cost thereof. Any such alterations shall be made at such times and in such manner and with such materials mariner as may be approved by Lessor. All decorations, additions, improvements or other Alterations not to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered unreasonably interfere with the Premises at the expiration of this Lease. If requested by Lessee in writingoccupation, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination use and enjoyment of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination remainder of the term of this Lease. building by the other tenants thereof If required by Lessor in accordance with the foregoingLessor, any such Alteration, addition or improvement to the Premises alterations shall be removed at Lessee’s expense by Lessee upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, Lessee shall also repair any damage to the Premises premises caused by such removal, all at Lessee's cost and expense, Lessee shall be liable for injuries sustained during the installation, existence or removal of same. Lessee agrees not to suffer or permit any lien of any mechanic or materialman to be placed or filed against the Project or the Leased Premises. in case any such lien shall be filed, Lessee shall immediately satisfy and restore release such hen of record. If Lessee shall fail to have such lien immediately satisfied and released of record, Lessor may, on behalf of Lessee, without being responsible for making any investigation as to the Premises validity thereof, pay the amount of said lien and Lessee shall promptly reimburse Lessor therefor. Lessee has no authority or power to Building standardcause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Lessee, operation of law or otherwise, to attach or to be placed upon Lessor's title or interest in the Property, and any and all liens and encumbrances created by Lessee shall be attached to Lessee's leasehold interest only.

Appears in 1 contract

Samples: Lease Agreement (Universal Beverages Holdings Corp)

Alterations. Lessee Except for the Tenant's Work, which shall make no decorationsbe governed exclusively by the terms and conditions of the Workletter, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in natureTenant shall not make, without the prior written consent of LessorLandlord, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterationsalterations, additions or improvements to the Premises, those items for which Lessor reserves Premises which: (i) affect the right to require Lessee to remove upon the expiration or sooner termination roof of the term Landlord's Property, (ii) affect the structural components of this Lease. Any such designation shall be in Lessor’s sole discretionthe Project, based upon its reasonable judgment as to (iii) affect any utility or mechanical systems (or any component part thereof) serving any part of the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let Project other than the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoingexclusively (including, without limitation, any such Alterationsystems or component parts thereof located within the Premises), addition (iv) are or improvement will be visible from outside of the Premises, (v) individually cost (including the cost of all labor, materials and supplies) in excess of $25,000.00 to perform, or (vi) require the consent or approval of any other owner or owners of any portion of the Project or the Mayfair Project under the Easement Agreement, the Original Operating Agreement or the Amended Operating Agreement. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Landlord's Property, Tenant shall furnish to Landlord, for Landlord's approval, plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, evidence of reasonable and appropriate insurance for any contractors performing any such work, and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials into the Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may reasonably require. All alterations, additions and improvements shall be installed in a good, workmanlike manner and only new, high-grade materials shall be used. All such work shall be done only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations, additions or improvements, except to the Premises extent any such liabilities result from Landlord's gross negligence. Before commencing any work in connection with such alterations, additions or improvements, Tenant shall furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials, insuring Landlord against any and all liabilities which may arise out of or be removed at Lessee’s expense upon connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to supervise construction operations in connection with the expiration or sooner termination foregoing work if Landlord requests to do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the term cost of this Lease and Lessee, at its expense, shall also repair any damage to decorating the Premises caused occasioned by such removal alterations, additions and restore improvements, including the Premises to Building standardcost of labor and materials, contractors' profits, overhead and general conditions. Upon completing any alterations, additions or improvements, Tenant shall furnish Landlord with contractors affidavits and full and final waivers of lien, in form required by law, and receipted bills covering all labor and materials expended and used. All alterations, additions and improvements shall comply with all insurance requirements and with all city and county ordinances and regulations and with the requirements of all state and federal statutes and regulations.

Appears in 1 contract

Samples: Lease (Woodroast Systems Inc)

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Alterations. Lessee shall make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in naturenot, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorationsmake any alterations, additions, or improvements in or other Alterations to said Premises. Lessor's consent may be conditioned on an agreement (a) that the Premises, except movable office furniture, and equipment installed same will be removed by Lessee at the expense termination of Lesseethis Lease, shall, unless Lessor elects otherwise or (b) that the same will be maintained in writing, become the property of Lessor upon the installation thereof, good repair by Lessee and shall be surrendered with left on the Premises at the expiration of termination f this Lease. If requested by Lessee shall make no perforations in writing, Lessor shall designate at the time building shell or any other modifications that involve a structural element of its the Premises without prior review and approval of any request by Lessee for permission to make Alterationsa duly licensed structural engineer and the prior written approval of Lessor. Trade fixtures, appliances and equipment shall not be deemed alterations, additions or improvements unless the removal of the same would do material damage to the Premises, those items for which Lessor reserves the right . Unless specifically agreed to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoingwriting, Lessee shall not be compensated by Lessor in any such Alterationmanner for an alteration, addition addition, or improvement to the Premises Premises. Should Lessee fail to require written consent from Lessor at least fourteen (14) days prior to initiation of alterations, additions, or improvements, Lessee shall, at Lessor's option, be obligated to pay all costs incurred by Lessor associated with performing a due diligence evaluation of Lessee's proposal, including without limitation the cost of Lessor's employees and the costs of legal, engineering and architectural services. All alterations, additions, or improvements of Lessee shall remain in or on the premises and shall become Property of Lessor, unless Lessor notifies Lessee in writing that it desires to have Lessee remove any alterations, additions or improvements. In the event Lessor elects to have Lessee remove any alterations, additions, or improvements, Lessee shall be removed at Lessee’s expense upon responsible for the expiration or sooner termination cost of the term of this Lease and Lessee, at its expense, shall also repair any damage repairs to the Premises caused necessitated by such removal and restore shall redeliver the Premises free of liens to Building standardLessor.

Appears in 1 contract

Samples: Industrial Lease (Telect Inc)

Alterations. Lessee Except as set forth on Exhibit C, Tenant shall not make no decorationsor cause to be made any alterations, additions, additions or improvements or other Alterations in to the Premises costing without first obtaining Landlord’s written approval with respect to the work and the contractor which will perform the same, which may be withheld in excess Landlord’s sole discretion. Tenant shall present to Landlord written plans and specifications for such work and the proposed contract with the contractor at the time such approval is sought. In the event Landlord consents to the making of $10,000.00 any alterations, additions or structural in natureimprovements to the Premises by Tenant, without the prior written consent of Lessor, and then only same shall be made by Tenant at its Tenant’s sole cost and expense expense. All such alterations, additions and by contractors or mechanics improvements shall be performed (a) In a first-class and in such workmanlike manner and diligently prosecuted to completion so that, except as absolutely necessary during the course of such work, the Premises shall at all times be a complete operating unit; (b) strictly in accordance with all laws and ordinances relating thereto; and (c) In a manner that will not obstruct access to any portion of the Building. If Landlord authorizes persons requested by Tenant to perform such materials as may be approved by Lessor. All decorationswork, additions, improvements or other Alterations prior to the Premisescommencement of any such work, except movable office furnitureTenant shall on request deliver to Landlord copies of all building permits and approvals required by law and certificates issued by applicable insurance companies evidencing that workmen’s compensation, public liability and equipment installed at the expense of Lesseeproperty damage insurance are in force and effect and are maintained by all contractors and subcontractors engaged by Tenant to perform such work; provided, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and that such insurance shall be surrendered in amounts, with companies and on forms which are satisfactory to Landlord, in its sole discretion. Each certificate representing such insurance shall provide that such insurance may not be cancelled without fifteen (15) days’ prior written notice to Landlord. Upon completion of the Premises at work, a supplemental certificate of occupancy will be delivered to Landlord evidencing that all required governmental approvals with respect to the expiration of this Leasework have been granted. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make AlterationsAny alterations, additions or improvements to the Premises, those items for which Lessor reserves including, but not limited to, wallcovering, paneling and built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the right to require Lessee to remove upon Property and shall be surrendered with the expiration or sooner termination Premises unless Landlord otherwise elects at the end of the term of this Leasehereof. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardNOTES TO LEASE – page 4.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

Alterations. Lessee shall make no decorationsNo remodeling, additions, improvements alterations, structural changes, installations, nor any painting (hereinafter in this paragraph collectively referred to as "WORK") shall be performed in or other Alterations in the on Premises costing in excess of $10,000.00 or structural in nature, by Tenant without the Landlord's prior written consent. In the event said consent of Lessoris given, all WORK shall be performed in a workmanlike manner by licensed contractors or workmen. Tenant shall carry and shall cause its contractors or workmen to carry such worker's compensation, general liability, personal and property damage insurance as Landlord amy xxxsonably require. Tenant is responsible for securing any necessary permits, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense certificates of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation final approval thereof, and shall be surrendered see that all WORK so that it does not unreasonably interfere with the Premises at rights of other Tenants. Tenant shall not permit any Statement of Intention to Hold Mechanic's Lien, whether asserted under and pursuant to the expiration Indiana Mechanic's Lien Laws or otherwise, to become attached to or filed against the real estate or any part hereof nor against any interest or estate therein by reason of this Leaseany labor, services, equipment or materials claims to have been performed or furnished to or for Tenant in connection with any WORK whether with or without Landlord's written approval. If requested by Lessee in writingsuch Statement of Intention to Hold Mechanic's Lien shall be filed, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves Landlord shall: (a) have the right to require Lessee compel the prosecution of an action for the foreclosure of such Mechanic's Lien by the lienor. If such Statement of Intention to remove upon the expiration or sooner termination of the term of this Lease. Any such designation Hold a Mechanic's Lien shall be in Lessor’s sole discretionfiled and action commenced to foreclose the lien, based Tenant upon demand by Landlord, within ten (10) days of receiving notice, shall cause the lien to be released by filing of a written undertaking with a surety approved by the Court and by obtaining an Order from the Court releasing the property from such a line; and/or (b) have the right, but no obligation to pay the amount of such lien to cause its reasonable judgment as release, and such amount shall be considered additional Rent to be paid to it by Tenant on demand, and subject to the probable effect provisions herein, with interest at eighteen percent (18%) per year, or the maximum amount then allowed by any Indiana Usury Laws, from the day of such Alteration, addition or improvement upon Lessor’s ability to freely re-let recording of lien. Nothing in the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises Lease shall be removed at Lessee’s expense upon deemed or construed to constitute a consent to or request to any party for the expiration performance of any labor or sooner termination services or the furnishing of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.materials for WORK for

Appears in 1 contract

Samples: Lease (First Shares Bancorp Inc)

Alterations. Lessee Tenant shall not make no decorations, additions, improvements (or other Alterations in permit to be made) any alteration to the Premises costing in excess of $10,000.00 or structural in nature(including, without limitation, the attachment of any fixture or equipment) unless such alteration (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of LessorLandlord not to be unreasonably withheld, conditioned or delayed, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such reasonable indemnification and/or bonds requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and then to insure the completion of any alteration, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at its sole cost and expense and by contractors or mechanics such time and in such manner and with such materials as may be approved by Lessorto not disturb the Landlord or other tenants in the Building. All decorations, additionssuch alterations, improvements or other Alterations and additions (including all articles attached to the floor, wall or ceiling of the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, ) shall become the property of Lessor upon the installation thereofLandlord and shall, and shall at Landlord's election, be (i) surrendered with the Premises as part thereof at the termination or expiration of this Lease. If requested the Term, without any payment, reimbursement or compensation therefor, or (ii) removed by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and LesseeTenant, at its Tenant's expense, shall also repair any with all damage to the Premises caused by such removal repaired by Tenant. Tenant may remove Tenant's trade fixtures, office supplies, movable office furniture and restore equipment not attached to the Premises Building, provided such removal is made prior to Building standardthe expiration of the Term, no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by such removal. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys' fees, which may arise out of, or be connected in any way with, any such change, addition or improvement. Within twenty (20) days following the imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to be released of record by payment of money or posting of a proper bond.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Alterations. Lessee Except for the alterations, additions or improvements that were to be done by Tenant as part of Tenant’s initial occupancy under the Initial Lease, as specified in Exhibit B attached hereto and made a part hereof (the “Initial Improvements”), Tenant shall not make no decorations, additionsany alterations, improvements or other Alterations in additions to the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent approval of LessorLandlord (which approval shall not be unreasonably withheld or delayed) except that Tenant may, after giving Landlord thirty (30) days’ prior written notice thereof (which notice shall contain a detailed written description and drawing of any contemplated alterations or improvements), make alterations, improvements and/or additions to the Premises that (a) total less than $10,000.00 in the aggregate in any given year, except in the case of emergency repairs, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations (b) involve interior non-structural work to the Premises. Any alteration, except addition, or improvement in, on, or to the Premises including carpeting, but excepting the “Accelerator” described in Exhibit B and movable office furniture, equipment and equipment installed at other personal property of Tenant removable without material damage to the expense property or the Premises, shall be and remain the property of Lessee, Tenant during the Term but shall, unless Lessor Landlord elects otherwise in writingotherwise, become a part of the property of Lessor upon the installation thereof, realty and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission belong to make Alterations, additions or improvements Landlord without compensation to the Premises, those items for which Lessor reserves the right to require Lessee to remove Tenant upon the expiration or sooner termination of the term Term and title shall pass to Landlord under this Lease as by a bxxx of this Leasesale, which Tenant hereby agrees to execute and deliver to, and for the benefit of, Landlord on the last day of the Term in a form acceptable to Landlord in its sole discretion. Any The Accelerator shall, at all times, be the property of Tenant. When applying for such designation consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event Landlord consents to the making of any such alteration, addition, or improvement by Tenant, the same shall be made using a contractor reasonably acceptable to Landlord at Tenant's sole cost and expense. All alterations, additions or improvements proposed by Tenant shall be constructed in Lessoraccordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including, but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics’, materialmen’s sole discretionor other liens. Tenant shall pay in addition to any sums due pursuant to Sections 4 and 5 above any increase in real estate taxes attributable to any such alteration, based upon its reasonable judgment as to the probable effect of such Alterationaddition, addition or improvement upon Lessor’s ability to freely re-let for so long, during the Premises upon Term, as such increase is ascertainable. Upon the expiration or sooner termination of the term of this Lease. If required Term as herein provided, Tenant shall, upon demand by Lessor in accordance Landlord, at Tenant’s sole cost and expense, forthwith and with the foregoing, all due diligence remove any such Alterationalterations, addition additions or improvement improvements which are designated by Landlord to the Premises be removed, and Tenant shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease forthwith and Lesseewith all due diligence, at its sole cost and expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardtheir original condition, reasonable wear and tear and loss by casualty covered by Section 24 excepted. In the event that Tenant fails to remove any alterations, additions, and/or improvements as herein described, Tenant shall reimburse Landlord for Landlord’s costs in removing such alterations, additions and/or improvements within thirty (30) days of Tenant's receipt of notice of such costs incurred by Landlord.

Appears in 1 contract

Samples: Lease (AquaMed Technologies, Inc.)

Alterations. Lessee Tenant shall not make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterationsalterations, additions or improvements to the Premises, those items or change any plumbing or wiring, without the prior written consent of Landlord. Plans and specifications for which Lessor reserves such work shall be submitted to and approved in writing by Landlord prior to commencement of any such work. No fixtures, permanently attached, shall be removed from the Premises. Landlord shall have the right to require Lessee approve Tenant's contractors as well as the general manner and method in which such work is to remove upon be performed. Prior to commencement of any work, Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have workmen's compensation insurance, and builder's risk insurance in amounts and with coverages satisfactory to Landlord. Any such improvements, including wall covering, paneling and built--in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. Upon the expiration or sooner termination of the term of this Lease. Any such designation shall hereof, Tenant shall, upon written demand by Landlord, at Tenant's sole cost and expense, remove any alterations, additions or improvements made by Tenant, designated by Landlord to be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease removed; and LesseeTenant shall, at its sole cost and expense, shall also repair any damage to the Premises caused by such removal removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and restore addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for any lien for Tenant's work, in accordance with Colorado's mechanics' lien statutes. Landlord shall have the right to keep posted on the Premises notice to Building standardsuch persons in accordance with such statute.

Appears in 1 contract

Samples: Lease Agreement (Front Range Capital Trust I)

Alterations. Lessee shall make no decorations, additions, improvements Notwithstanding anything to the contrary contained or other Alterations implied in the Premises costing Sublease, Subtenant agrees as follows: (a) All work (the "Work") done in excess connection with the Subtenant Improvements shall be performed and completed in a good and workxxx-xxxe manner and in accordance with (i) the preliminary plans and specifications prepared by Alex X. Xxxxxx & Xssociates, Inc. dated June 21, 1996 and (ii) the specifications for the enviro-chamber shown on Exhibit B to that certain letter agreement between Sublandlord and 2820 Master Landlord dated August 1, 1996 containing 2820 Master Landlord's consent to the Subtenant Improvements (collectively, the "Plans and Specifications"). The Work shall be subject to Master Landlords' final approval of $10,000.00 or structural construction documentation prior to commencement of any Work. No Work shall be done which is not described in nature, the Plans and Specifications without the prior written consent of Lessorthe Master Landlords. Prior to commencing any Work or receiving any materials in connection therewith, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as Subtenant shall give Sublandlord not less than fifteen (15) days notice to enable Subtenant to notify Master Landlords so that they may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense post a notice of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and nonresponsibility. (b) The Work shall be surrendered with the Premises at the expiration of this Lease. If requested performed by Lessee a general contractor or such other contractors as have been approved in writing, Lessor shall designate at the time of its approval writing by Master Landlords prior to commencement of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation Work. (c) All work shall be in Lessor’s sole discretion, based upon its reasonable judgment as done pursuant to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor appropriate building permits and in accordance with the foregoing, any such Alteration, addition or improvement to the Premises applicable governmental laws and regulations. Subtenant shall be removed solely responsible for obtaining and satisfying such permits, laws and regulations. (d) All costs and expenses incurred in connection with the Work shall be at Lessee’s the sole expense upon of Subtenant. (e) Subtenant shall indemnify, defend and hold harmless Sublandlord and its agents, officers and directors, from and against all costs, expenses, claims, damages and liability (including but not limited to reasonable attorneys' fees) arising from (i) the expiration acts or sooner termination omissions of Subtenant or its contractors or subcontractors in performing the term Work, (ii) the failure of Subtenant to abide by the terms of this Lease and LesseeAddendum, at its expense(iii) the design, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.specifications or material utilized in the

Appears in 1 contract

Samples: Sublease (Network Appliance Inc)

Alterations. Lessee shall Tenant will not make no or permit anyone to make any alterations, decorations, additionsadditions or improvements, improvements structural or other Alterations otherwise, in or to the Demised Premises costing in excess of $10,000.00 or structural in nature, the Building without the prior written consent of LessorLandlord. As a condition precedent to such written consent of Landlord, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanics’ liens upon the real property of which the performed, and then only materials to be unconditional waivers of mechanics’ liens upon the real property of which the Demised Premises are a part, for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, materialmen and laborers to become involved in such work. If notwithstanding the foregoing, any mechanics’ lien is filed against the Demised Premises, or the real property of which the Demised Premises are a part, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, such mechanics’ lien shall be discharged by Tenant within ten (10) days thereafter, at its Tenant’s sole cost and expense expensed by the payment thereof or by filing any bond required by law. If Tenant shall fail to discharge any such mechanics’ lien, Landlord may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by contractors Landlord shall not be deemed to waive, or mechanics release the default of Tenant in not discharging the same. Tenant will indemnify and hold Landlord harmless from and against any and all expenses, liens, claims or damages to person or property which may or might arise by reason of the making of any such alterations, decorations, additions or improvements. If any such alteration, decoration, addition or improvement is made without the prior written consent of Landlord, Landlord may correct or remove the same, the Tenant shall be liable for any and all expenses incurred by Landlord in such manner and with such materials as may be approved by Lessorthe performance of this work. All alterations, decorations, additions, additions or improvements in or other Alterations to the Premises, except movable office furniture, and equipment installed at Demised Premises or the expense of Lessee, shall, unless Lessor elects otherwise in writing, Building made by either party shall immediately become the property of Lessor upon the installation thereof, Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof at the expiration end of the term hereof without disturbance, molestation or injury; provided, however, that if Tenant is not in default in the performance of any of its obligations under this Lease. If requested by Lessee in writing, Lessor Tenant shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves have the right to require Lessee remove, prior to remove upon the expiration or sooner termination of the term of this Lease. Any , all movable furniture, furnishings or equipment installed in the Demised Premises at the expense of Tenant, and if such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as property of Tenant is not removed by Tenant prior to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance , the same shall become the property of Landlord and shall be surrendered with the foregoing, any such Alteration, addition or improvement to the Demised Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardas a part thereof.

Appears in 1 contract

Samples: Lease Agreement (Tvi Corp)

Alterations. Lessee Except as set forth on Exhibit “C” attached hereto, Tenant shall not without first obtaining Landlord’s written approval: (a) make no decorationsor cause to be made any alterations, additions, or improvements; (b) install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings; or (c) make any other changes to the Leased Premises without first obtaining Landlord’s written approval. The foregoing notwithstanding, if the proposed alteration, addition or improvement is, in Landlord’s judgment, likely to affect the structure of the Building or the electrical, plumbing or HVAC systems or otherwise adversely impacts the value of the Building, such consent may be withheld at the sole and absolute discretion of the Landlord; except for the foregoing, Landlord’s approval shall not be unreasonably withheld. Tenant shall present to Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements or other Alterations in to the Leased Premises costing in excess of $10,000.00 or structural in natureby Tenant, without the prior written consent of Lessor, and then only same shall be made by Tenant at its Tenant’s sole cost and expense and expense. All such work shall be done only by contractors or mechanics and in such manner and with such materials as may be approved by LessorLandlord, which approval shall not be unreasonably withheld. All decorationssuch work with respect to any alterations, additions, and changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements to or other Alterations to of the Leased Premises, except movable office furnitureincluding, but not limited to, wallcovering, paneling, and equipment installed built‑in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, realty and shall be surrendered with the Leased Premises unless Landlord otherwise elects at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination end of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardhereof.

Appears in 1 contract

Samples: Lease Agreement (Lifevantage Corp)

Alterations. Lessee Licensee shall not make no decorationsany changes, ------ ----------- additions, improvements improvements, alterations or other Alterations in physical changes to the Premises costing in excess Licensed Space, the Building or any portions thereof, or any of $10,000.00 the systems therein or structural in nature, thereon (referred to collectively as "Alterations" and singly as an ----------- "Alteration") without the prior written consent of LessorLicensor in each instance, ---------- and in the event that Licensor grants such consent, such Alteration shall be made in compliance with all Legal Requirements and performed in a manner and at such times as Licensor reasonably designates and such Alterations or installations shall not, in any event, interfere with the use and operation of the Building by Licensor or any tenant, licensee, occupant or user thereof. Without limiting the aforesaid, Licensee agrees that (a) prior to any Alterations by Licensee or the installation of any of Licensee's equipment in the Licensed Space, Licensee shall submit detailed plans and specifications of the planned Alteration or installation to Licensor for Licensor's approval, provided that in no event will Licensor's approval of such plans be deemed a representation that they comply with applicable Legal Requirements, and then only at its sole cost will not cause interference with communication operations of Licensor, or any tenant, licensee, user or occupant of the Building and expense and by contractors or mechanics and in any such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor made only in accordance with the foregoingplans and specifications approved by Licensor, (b) all contractors performing any Alterations, modification or maintenance work on behalf of Licensee at the Licensed Space or in the Building shall be subject to the prior written approval of Licensor prior to the commencement of such work, which approval shall not be unreasonably withheld. In the event Licensor or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Licensee to Licensor in connection with any proposed Alteration, Licensee agrees to pay to Licensor a sum equal to any reasonable fees incurred by Licensor in connection therewith. Nothing in this License Agreement shall be construed in any way as constituting the consent or request of Licensor, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialmen, for the performance of any labor or the furnishing of any material for any specific Alteration to, or repair of, the Licensed Space, the Building, or any part thereof. Any mechanic's or other lien filed against the Building, or the real property on which the Building is situated, for work claimed to have been done for, or materials claimed to have been furnished to, Licensee or any person claiming through or under Licensee or based upon any act or omission or alleged act or omission of Licensee or any such Alteration, addition or improvement to the Premises person shall be removed discharged by Licensee (by bond or otherwise) at Lessee’s expense upon the expiration or sooner termination of the term of this Lease Licensee's sole cost and Lessee, at its expense, shall also repair any damage to within twenty (20) days after the Premises caused by filing of such removal and restore the Premises to Building standardlien.

Appears in 1 contract

Samples: License Agreement (Cdnow N2k Inc)

Alterations. Lessee 12.01 LESSEE shall make no decorationsnot do or permit others under its control to do any work on the LEASED PREMISES related to any repair, additionsrebuilding, alteration of or addition to the improvements constituting part of the LEASED PREMISES unless (1) LESSEE shall have first procured and paid for all requisite municipal and other governmental permits and authorizations and (2) except for alterations which cost less than S25,000 and do not affect the structure of the LEASED PREMISES, shall have first procured LESSOR's prior written consent, which consent shall not be unreasonably withheld. If LESSOR consents to the doing of any such work on the LEASED PREMISES, LESSOR shall join in the application of any such permit or authorization whenever required, but LESSEE shall indemnify and hold LESSOR harmless against and from all costs and expenses which may be thereby incurred by LESSOR. All such work shall be done in a good and workmanlike manner and in compliance with all applicable building, zoning and other laws, ordinances, governmental regulations and requirements and in accordance with the reasonable requirements, rules and regulations of all insurers under the policies required to be carried by the provisions of this LEASE. 12.02 If the LEASED PREMISES or any part thereof or LESSEE's interest therein shall at any time during the LEASE TERM become subject to any vendor's, mechanic's, laborer's, materialman's or other Alterations in similar lien based upon furnishing of materials or labor to the Premises costing in excess of $10,000.00 LEASED PREMISES or structural in natureto LESSEE and not contracted for by LESSOR, without LESSEE shall cause the prior written consent of Lessor, and then only same to be discharged at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to within thirty (30) calendar days after LESSEE shall have actual notice of the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shallexistence thereof, unless Lessor elects otherwise such lien and the claim occasioning it are contested or litigated in writinggood faith by LESSEE and LESSEE shall first have posted a bond sufficient to insure that, become upon final determination of the property validity of Lessor upon the installation thereofsuch lien or claim, LESSEE shall then immediately pay any final judgment rendered against it, with all related costs and charges, and shall have such lien or claim released without cost to LESSOR. 12.03 Nothing contained in this LEASE shall be surrendered with construed to prohibit LESSOR from making, and LESSOR shall be entitled to enter upon the Premises at the expiration LEASED PREMISES and make, any alterations of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, or additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination improvements that constitute part of the term of this Lease. Any such designation shall be LEASED PREMISES, which alterations or additions seem desirable or necessary to LESSOR in Lessor’s its sole discretion, based upon its reasonable judgment as to provided that no such alteration or addition, nor the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination making of the term of this Lease. If required by Lessor in accordance same, shall materially interfere with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination LESSEE's use of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardLEASED PREMISES.

Appears in 1 contract

Samples: Lease Agreement (Fti Consulting Inc)

Alterations. Notwithstanding anything contained in this Lease to the contrary, Lessee shall not make no decorationsany additions, additionsalterations, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in naturemodifications (collectively,"Alterations"), without the prior written writren consent of Lessor, and then only at its sole cost and expense and by contractors which shall not be unreasonably withheld or mechanics and in such manner and with such materials as delayed, except for the installation of unattached, movable trade fixtures which may be approved installed without drilling, cutting or otherwise defacing the leased premises. Any approval by Lessor. All decorationsLessor of or consent by Lessor to any plans, additions, improvements specifications or other Alterations items to be submitted to and/or reviewed by Lessor pursuant to this Lease shall be deemed to be strictly limited to an acknowledgment of approval or consent by Lessor thereto and, whether or not the Premiseswork is performed by Lessor or by Lessee's contractor, except movable office furnituresuch approval or consent shall not constitute the assumption by Lessor or any responsibility for the accuracy, sufficiency or feasibility of any plans, specifications or other such hems and shall not imply any acknowledgment, representation or warranty by Lessor that the design is safe, feasible, structurally sound or will comply with any legal or governmental requirements, and equipment installed Lessee shall be responsible for all of the same. Lessee agrees to pay Lessor, upon demand as additional rent, a fee for construction management in an amount equal to five percent (5%) of the total cost of the Alterations, (if Alterations exceed $10,000, excluding the "Initial Alterations" as provided in Paragraph 40B), whether or not the work is performed by Lessor or by Lessee's contractor. No alterations shall lessen the value of the Premises or cause expense to Lessor at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration termination of this Lease. If requested In no event shall any work be done for Lessor's account or in any way which would allow a lien to be placed against the Premises; any such hen shall create a default of Lessee under this Lease if not removed or lawfully bonded within ten (10) calendar days following Lessor's discovery thereof All alterations made in or upon Premises, either by Lessee in writingor Lessor, Lessor shall designate be Lessor's property and shall remain upon Premises at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and without compensation to Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.

Appears in 1 contract

Samples: Lease Agreement (Lakota Technologies Inc)

Alterations. Lessee Tenant shall not make no decorationsany improvements, additionsalterations, improvements additions or other Alterations installations in or to the Premises (hereinafter referred to as the “Work”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Along with any request for Landlord’s consent and before commencement of the Work or delivery of any materials to be used in the Work to the Premises costing in excess or into the Facility, Tenant shall furnish Landlord with plans and specifications, names and addresses of $10,000.00 or structural in naturecontractors, without the prior written consent copies of Lessorcontracts, necessary permits and licenses, and then only at except when Landlord, its sole cost and expense and by contractors agent or mechanics and affiliate is contractor, an indemnification in such manner form and with such materials amount as may be approved by Lessorreasonably satisfactory to Landlord. Tenant agree to defend and hold Landlord harmless from any and all claims and liabilities of any kind and description that may arise out of or be connected in any way with said improvements, alterations, additions or installations. All decorationswork done by Tenant, additionsits agents, improvements employees, or other Alterations contractors shall be done in such a manner as to avoid labor disputes. Tenant shall pay the Premisescost of all such improvements, except movable office furniturealterations, additions or installations, and equipment installed at also the expense cost of Lesseepainting, shallrestoring, unless Lessor elects otherwise in writingor repairing the Premises and the Facility occasioned by such improvements, become alterations, additions or installations. Upon completion of the property Work, Tenant shall furnish Landlord with contractor’s sworn affidavits and full and final waivers of Lessor upon the installation thereofliens, or receipted bills covering all labor and materials expended and used. The Work shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be surrendered constructed in a good and workmanlike manner. Tenant shall permit Landlord to inspect construction operations in connection with the Premises at the expiration of this LeaseWork. If requested by Lessee Tenant shall not be allowed, without Landlord’s reasonable approval, to perform such Work if such action results or would result in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions a labor dispute or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination otherwise would materially interfere withLandlord’s operation of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardFacility.

Appears in 1 contract

Samples: Lease (SoftBrands, Inc.)

Alterations. Lessee (a) LESSEE shall have the right to make no decorationssuch interior alterations, additions, decorations and improvements or other Alterations in to the Premises costing in excess PREMISES not constituting a part of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials building as may be approved proper and necessary for the conduct of its business and for the beneficial use of the PREMISES, provided the same do not affect the exterior or structural portion of the PREMISES and provided further that LESSEE shall: (i) pay all costs, expenses and charges thereof, (ii) make the same in accordance with applicable laws and building codes and in a good and workmanlike manner, 12 (iii) cause the same to be performed by Lessor. All decorations, additions, improvements qualified contractors who shall not create any labor or other Alterations disturbance in the Strip Center while performing same, (iv) fully and completely indemnify LESSOR against any mechanic's lien or other liens or claims in connection with the taking thereof, and (v) not thereby diminish the value of the PREMISES or Strip Center. (b) LESSEE may make alterations, decorations and improvements constituting a part of the building or affecting the exterior or structural portion of the PREMISES with the same provisions as contained in subparagraph (a)(i)-(v) but only after (i) obtaining LESSOR'S prior consent thereto, and (ii) obtaining LESSOR'S consent to the Premisescontractor engaged to perform such work, except movable office furniturewhich consent shall not be unreasonably withheld. Upon completion of any such alterations, decorations and equipment installed at improvements constituting a part of the expense building or affecting the exterior and/or structural portions, the same shall immediately thereupon become a part of Lesseethe PREMISES and be included in the word "PREMISES" as used in this LEASE. (c) Notwithstanding the fact that alterations, shalldecorations and/or improvements to the PREMISES made by LESSEE may constitute a part of and be included in the word PREMISES as used in this LEASE, repair and/or restoration of damages thereto caused by fire and/or other casualty shall be the responsibility of LESSEE, whether or not covered by insurance by LESSEE, unless Lessor elects otherwise covered by LESSOR'S insurance (which shall not be considered primary insurance). (d) All of LESSEE'S CHATTELS and all interior alterations, decorations and improvements not constituting a part of the building installed in writing, become the PREMISES by LESSEE shall remain the property of Lessor upon the installation thereof, LESSEE and shall be surrendered with removed by LESSEE upon the Premises at the expiration termination of this LeaseLEASE, and LESSEE shall make any repairs necessitated by such removal. If requested Any thereof not removed on or before the termination of this LEASE and surrender of possession of the PREMISES by Lessee in writingLESSEE shall be deemed abandoned by LESSEE and, Lessor at LESSOR'S election, may be treated and/or disposed of by LESSOR as LESSOR'S own property without further right or claim thereto by LESSEE, except that LESSEE shall designate at reimburse LESSOR for the time cost of its approval removal if LESSOR elects to have the same removed, and LESSEE shall be liable to LESSOR for any damages sustained by LESSOR as a result of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee LESSEE'S failure to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardsame.

Appears in 1 contract

Samples: Lease Agreement (GLB Bancorp Inc)

Alterations. Lessee Tenant shall not make no decorationsany improvements, additionsalterations, improvements additions or other Alterations installations in or to the Premises (hereinafter referred to as the "Work") without Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Along with any request for Landlord's consent and before commencement of the Work or delivery of any materials to be used in the Work to the Premises costing in excess or into the Facility, Tenant shall furnish Landlord with plans and specifications, names and addresses of $10,000.00 or structural in naturecontractors, without the prior written consent copies of Lessorcontracts, necessary permits and licenses, and then only at except when Landlord, its sole cost and expense and by contractors agent or mechanics and affiliate is contractor, an indemnification in such manner form and with such materials amount as may be approved by Lessorreasonably satisfactory to Landlord. Tenant agree to defend and hold Landlord harmless from any and all claims and liabilities of any kind and description that may arise out of or be connected in any way with said improvements, alterations, additions or installations. All decorationswork done by Tenant, additionsits agents, improvements employees, or other Alterations contractors shall be done in such a manner as to avoid labor disputes. Tenant shall pay the Premisescost of all such improvements, except movable office furniturealterations, additions or installations, and equipment installed at also the expense cost of Lesseepainting, shallrestoring, unless Lessor elects otherwise in writingor repairing the Premises and the Facility occasioned by such improvements, become alterations, additions or installations. Upon completion of the property Work, Tenant shall furnish Landlord with contractor's sworn affidavits and full and final waivers of Lessor upon the installation thereofliens, or receipted bills covering all labor and materials expended and used. The Work shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be surrendered constructed in a good and workmanlike manner. Tenant shall permit Landlord to inspect construction operations in connection with the Premises at the expiration of this LeaseWork. If requested by Lessee Tenant shall not be allowed, without Landlord's reasonable approval, to perform such Work if such action results or would result in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions a labor dispute or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination otherwise would materially interfere withLandlord's operation of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardFacility.

Appears in 1 contract

Samples: Lease (Fourth Shift Corp)

Alterations. Lessee shall make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and Before proceeding with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alterationalteration, addition or improvement to the Premises (collectively, “Alteration”), Sublessee shall obtain the prior written consent of Sublessor and Landlord and submit to Sublessor and Landlord’s plans and specifications for the work to be done for Sublessor’s and Landlord’s prior written consent. Such plans shall be prepared by a qualified professional if the Alterations are other than cosmetic or if required by the terms of the Lease. Sublessor agrees it shall not unreasonably withhold, condition, or delay its consent to any proposed Alterations. Sublessee shall reimburse Sublessor, on written demand, for all actual costs reasonably incurred by Sublessor resulting from Landlord’s review of Sublessee’s Alterations. The party receiving Landlord’s approval of Sublessee’s plans will provide the other party with a copy thereof within five day(s) following receipt. Sublessee acknowledges and agrees that Sublessor shall have no responsibility whatsoever for the installation or proper functioning of, cost of correcting, or removal upon Sublease termination of any of Sublessee’s Alterations or any compliance with the requirements of the Lease (including, without limitation, any costs imposed by Landlord with respect to its review of plans and/or supervision of work), and Sublessee shall bear the entire responsibility and liability therefor. Sublessee agrees that Sublessee’s Alterations shall be removed at Lessee’s expense upon and the Premises restored to the condition which existed prior to the installation thereof prior to the expiration or sooner termination of the term Term or the earlier termination of this Lease and Lessee, if so requested by Sublessor at its expense, shall also repair any damage to the Premises caused by time of initial consent for such removal and restore the Premises to Building standardAlteration.

Appears in 1 contract

Samples: Sublease Agreement (CONVERA Corp)

Alterations. Lessee Tenant shall not make no decorations, additions, improvements (or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may permit to be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of made) any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alterationchange, addition or improvement to the Premises shall (including, without limitation, the attachment of any fixture or equipment) unless such change, addition or improvement (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials, (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses, (c) is made with the prior written consent of Landlord, (d) is made pursuant to plans and specifications approved in writing in advance by Landlord, (e) is made after Tenant has provided to Landlord such indemnification and/or bonds as are requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be removed satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any change, addition or improvement, (f) is carried out by persons approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (g) is done only at Lessee’s expense upon such time and in such manner as Landlord may reasonably specify. All such changes, improvements and additions (including all articles attached to the expiration floor, wall or sooner termination ceiling of the term Premises, except for items such as office furniture and cubicles) shall become the property of this Lease Landlord and Lesseeshall, at its Landlord’s election, be (y) surrendered with the Premises as part thereof at the termination or expiration of the Term, without any payment, reimbursement or compensation therefor, or (z) removed by Tenant, at Tenant’s expense, shall also repair any with all damage to the Premises caused by such removal properly repaired by Tenant. Tenant shall indemnify, defend and restore hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may arise out of, or be connected in any way with, any such change, addition or improvement. Within ten (10) days following the Premises imposition of any lien resulting from any such change, addition or improvement, Tenant shall cause such lien to Building standardbe released of record by payment of money or posting of a proper bond. Tenant may remove Tenant’s trade fixtures, office supplies, movable office furniture and equipment not attached to the Building, provided such removal is made prior to the expiration of the Term, no uncured Event of Default has occurred and Tenant promptly repairs all damage caused by such removal.

Appears in 1 contract

Samples: Lease Agreement (Q Comm International Inc)

Alterations. Lessee shall The Tenant may, at its own expense, make no decorationssuch alterations, additionsimprovements, improvements or other Alterations in additions and changes to the Premises costing in excess order to equip and operate its business for the purposes and uses set forth herein subject to the following: (a) Such alterations, improvements, additions and changes shall be to the interior of $10,000.00 the Premises only; and any alterations, improvements, additions and changes to the Premises shall require the prior, written consent of the Landlord, which shall not be unreasonably withheld or structural delayed; (b) The Tenant shall not tear down or demolish any of the improvements on the Premises, or make any change or alterations in naturesuch existing improvements which, when completed, will diminish the value of the Premises without the prior written consent of Lessorthe Landlord, and then only at its sole cost and expense and by contractors which shall not be unreasonably withheld or mechanics and delayed; (c) The Tenant shall not make any change in such manner and or improvement, additions or alteration to the Premises which will violate the terms of any mortgage on the Premises, or of any policy of insurance in force with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations respect to the Premises. (d) All alterations, except movable office furnitureimprovements, additions and changes shall be performed in a good and workmanlike manner and shall conform to all building codes, ordinances, rules and regulations of any municipality or governmental authority having jurisdiction thereof; (e) Before commencing any work, or installations of any kind, Tenant shall obtain the necessary consents, authorizations and licenses from Federal, State, local and/or municipal authorities having jurisdiction over the work or installations to be done, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and no work or installations shall be surrendered with started unless and until all such necessary consents, authorizations and licenses shall have first been duly obtained by the Premises at Tenant (and/or its contractor or other persons doing the expiration work or performing installations on behalf of this Lease. If requested Tenant) and given to Landlord; (f) Tenant or any contractor, sub-contractor, materialmen or other employed by Lessee in writing, Lessor the Tenant or any other persons who will do the work or installations as aforesaid shall designate at be fully covered by workmen's compensation insurance and the time of its approval certificate thereof shall be furnished to the Landlord prior to the commencement of any request work by Lessee such contractor, sub-contractor, materialmen or persons as aforesaid. Tenant covenants and agrees to indemnify and hold Landlord harmless from any and all claims for permission to make Alterationspersonal injury, additions death or improvements to property damage occasioned during the progress or as a result of any or all of the work done as aforesaid in or about the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.

Appears in 1 contract

Samples: Stock Purchase Agreement (Alliance Distributors Holding Inc.)

Alterations. Lessee (a) Tenant shall not make no decorations, any additions, improvements or other Alterations in and alterations (hereinafter "Alterations") to the Leased Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of LessorLandlord, which consent shall not be unreasonably withheld. (b) As to any Alterations which Tenant desires to perform and to which Landlord consents and which cost in excess of $10,000.00, and then only at its sole cost and expense and by contractors or mechanics and in as to any replacements whatsoever, such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and work shall be surrendered performed with the Premises at the expiration of this Lease. If requested by Lessee new materials, in writinga good and workmanlike manner, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor strictly in accordance with the foregoing, plans and specifications therefor first approved in writing by Landlord and in accordance with all applicable laws and ordinances. Upon completion of any such Alterationwork by or on behalf of Tenant, addition or improvement Tenant shall provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractors' statements and supporting lien waivers) evidencing payment in full for such work, and "as built" working drawings. In the event Tenant performs any work not in compliance with the provisions of this Section 9.1(b), Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Leased Premises to their condition immediately prior to the performance thereof. If Tenant fails so to remove such work and restore the Lease Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lesseeas aforesaid, Landlord may, at its expenseoption, and in addition to all other rights or remedies of Landlord under this Lease, at law or in equity, enter the Leased Premises and perform said obligation of Tenant and Tenant shall also repair any damage reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefor by Landlord. Such entry by Landlord shall not be deemed an eviction or disturbance of Tenant's use or possession of the Leased Premises caused by such removal and restore the Premises nor render Landlord liable in any manner to Building standardTenant.

Appears in 1 contract

Samples: Industrial Building Lease (Dt Industries Inc)

Alterations. Lessee Tenant shall not paint the Premises or make no decorationsany alterations, additions, improvements or other Alterations improvements in or to the Premises or install any equipment of any kind that shall require any alterations or additions or affect the use of the Building's water system, heating system, plumbing system, air-conditioning system, electrical system or other mechanical system, or install any telephone antennae on the roof, in the Premises costing in excess windows or upon the exterior of $10,000.00 or structural in nature, the Building without the prior written consent of LessorLandlord, such consent not to be unreasonably withheld or delayed. If any such alterations or additions are made by Tenant without Landlord's consent, Landlord may correct or remove them and Tenant shall be liable for any and all costs and expenses incurred by Landlord in the correction or removal of such work. All plans and specifications for any such work shall be prepared by Tenant at Tenant's expense and shall thereafter be submitted to Landlord for its review. No such work shall be commenced by Tenant without the prior written consent of Landlord and the approval by Landlord of any contractor of subcontractor to be engaged by Tenant to perform such work. All work with respect to such alterations and additions shall be done in a good and workmanlike manner and diligently prosecuted to completion to the end that Premises shall at all times be a complete unit except during the period necessarily required for such work. Tenant shall not permit a mechanic's lien(s) to be placed upon the Premises or the Building as a result of any alterations or improvements made by it and agrees, if any such lien be filed on account of the acts of Tenant, promptly to pay the same. If Tenant fails to discharge such lien within ten (10) days of its filing, then, in addition to any other right or remedy of Landlord, Landlord may, at its election, discharge the lien. Tenant shall pay on demand any amount paid by Landlord for the discharge or satisfaction of any such lien, and then only at all attorneys' fees and other costs and expenses of Landlord incurred in defending any such action or in obtaining the discharge of such action or in obtaining the discharge of such lien, together with all necessary disbursements in connection therewith. Tenant hereby expressly recognizes that in no event shall it be deemed the agent of Landlord and no contractor of Tenant shall by virtue of its sole cost and expense and by contractors contract be entitled to assert any lien against the Premises or mechanics and in such manner and with such materials as may be approved by LessorBuilding. All decorations, additions, improvements alterations or other Alterations additions shall become a part of the realty and surrendered to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor Landlord upon the installation thereof, and shall be surrendered with the Premises at the expiration or termination of this Lease. If requested by Lessee in writing, Lessor unless Landlord shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions such work require removal or improvements to restoration on the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination part of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment Tenant as to the probable effect a condition of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardapproval.

Appears in 1 contract

Samples: Office Building Lease (Environmental Power Corp)

Alterations. Lessee shall make no decorations, additions, improvements changes, alterations or other Alterations in improvements (the "Work") to the Premises costing in excess of $10,000.00 or structural in natureany electrical or mechanical facilities, equipment or systems pertaining to the Premises or Building without the prior written consent of Lessor. Lessor may impose as a condition of such consent, such reasonable requirements as Lessor, in its sole discretion, may deem desirable including, without limitation, the submission of drawings, plans, and then only at its sole cost specifications for Lessor's written approval, the obtainment of necessary permits, the posting of bonds and expense and by contractors or mechanics and in such manner and with such materials requirements as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premisesmanner in which and the time or times at which such Work shall be done. Xxxxxx's consent to non-structural alterations shall not be unreasonably withheld. In no event shall any work affect the structure of the Building. Lessee shall have the right to add exterior lighting to the Building as shown on Exhibit "H". If Lessor consents to the work by Xxxxxx, except movable office furnitureany contractor selected by Xxxxxx to do the same must first be approved, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, by Xxxxxx. Lessee shall hold Lessor harmless of and from any cost or liability with respect to, and shall keep the Premises and Building free from any mechanic's, materialman's or similar liens placed upon the Lessor. Prior to the commencement of any such work, Lessee shall give evidence to Lessor that appropriate insurance satisfactory to Lessor has been obtained by Xxxxxx and contractors for the protection of Lessor, including naming Lessor as an additional insured, and its Lessees and invitees from damage or injury resulting from the work. All such work, other than trade fixtures or movable items, shall become the property of Lessor upon the installation thereof, Xxxxxx and shall be surrendered with the Premises Premises, as a part thereof, at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination whether by lapse of the term of this Lease. If required by Lessor in accordance with the foregoingterm, any such Alterationtermination for default or otherwise without compensation, addition credit or improvement setoff to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

Alterations. a) Lessee shall will not make no decorationsany material alterations, installations, changes, replacements, additions, improvements or other Alterations improvements, structural or otherwise ("Alterations"), in or to the Demised Premises costing in excess of $10,000.00 or structural in naturethe Building, or any parts thereof, without the prior written consent of Lessor which consent shall not be unreasonably withheld except that if such Alterations affect the structure of the Building, its exterior components or the Building systems, Lessor may withhold its consent in its sole discretion. Lessee will provide Lessor with all plans, drawings and specifications for any such Alterations for Lessor's approval prior to undertaking any work and shall also deliver copies of all necessary permits for any such Alterations. Lessee agrees to obtain and deliver to Lessor written and unconditional waivers of mechanic's and materialmen's liens upon the Land, the Building and then only the Demised Premises for all work, labor and services performed and materials furnished by contractors, subcontractors, materialmen and laborers in connection with any such Alterations. If, however, any such materialmen's or mechanic's lien shall be filed against the Demised Premises, the Land, or the Building, such lien shall be discharged by lessee within thirty (30) days thereafter, at Lessee's sole expense, by the payment thereof or by filing of appropriate bond. If Lessee shall fail to discharge any such mechanic's or materialmen's lien, Lessor may, at its sole option, discharge the same and treat the cost thereof as additional rent hereunder payable with the monthly installment of rent next becoming due; and expense such discharge by Lessor shall not be deemed to waive the default of Lessee in not discharging the same. Lessee will indemnify and hold Lessor harmless from and against any and all reasonable expenses (including attorney's fees), liens, claims or damages to any person or property which may or might arise by reason of the making by Lessee of any Alterations. Lessor shall have the right to have the making of any Alterations supervised by its architects, contractors or mechanics and in such manner and with such materials as may be approved by Lessorworkmen. All decorations, additions, improvements Alterations which affect or other Alterations in any way relate to the Premisesmechanical, except movable office furnitureelectrical, and equipment installed plumbing, heating, air conditioning, or structural systems of the Building shall be done only by Lessor or Lessor's contractor or agent at Lessee's reasonable expense. b) All Alterations in or to the expense of Lessee, shall, unless Lessor elects otherwise in writing, become Demised Premises (whether with or without the property of Lessor Lessor's consent) shall remain upon the installation thereof, Demised Premises and shall be surrendered with the Demised Premises at the expiration or other termination of this LeaseLease without disturbance, molestation or injury unless Lessor shall give no less than sixty (60) days written notice to Lessee prior to the Lease Termination Date that such Alterations shall be removed and the Demised Premises restored. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove elects that Alterations be removed upon the expiration or sooner other termination of the term this Lease or of this Lease. Any such designation shall be in Lessor’s sole discretionany renewal period hereof, based upon its reasonable judgment as Lessee hereby agrees to the probable effect of such Alteration, addition or improvement upon Lessor’s ability cause same to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon 's sole cost and expense, and should Lessee fail to remove the expiration or sooner termination same, then and in such event Lessor shall cause same to be removed at Lessee's expense, and the Lessee hereby agrees to reimburse Lessor for the reasonable cost of such removal together with any and all damages which Lessor may suffer and sustain by reason of the term failure of this Lease and Lessee, at its expense, shall also repair any damage Lessee to remove the Premises caused by such removal and restore the Premises to Building standardsame.

Appears in 1 contract

Samples: Lease (Medialink Worldwide Inc)

Alterations. Lessee shall make no decorations23.1 Tenant will not make, additionsinstall or erect in or to the Leased Premises any installations, improvements alterations, additions or other Alterations in partitions without submitting drawings and specifications therefor to the Premises costing in excess of $10,000.00 or structural in nature, without Landlord and obtaining the Landlord’s prior written consent in each instance. Furthermore, the Tenant will obtain the Landlord’s prior written consent to any change or changes in such drawings or specifications submitted as aforesaid, Tenant will pay the reasonable cost to the Landlord of Lessorhaving its architects review such plans and changes thereto prior to proceeding with any work based on such drawings or specifications. All such work will be performed free and clear of all mechanic’s liens and Landlord will have no liability for the performance of such work, notwithstanding its consent to any plans and specifications. Without limiting the generality of the foregoing any work performed by or for the Tenant will be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in the Building by the Landlord, its contractors or subcontractors. The Tenant will submit to the Landlord’s supervision over construction, will provide Landlord upon request with financial assurances prior to the commencement of alterations, and then only at promptly pay to the Landlord’s or the Tenant’s subcontractors as the case may be, when due, the cost of all such work and of all materials, labor and services involved therein and of all decoration and all changes in the Building, its sole equipment or services necessitated thereby. The Tenant covenants that the Tenant will not suffer or permit during the Term hereof any mechanic’s or other liens for work, labor, services or materials ordered by the Tenant or for the cost and expense and by contractors or mechanics and in such manner and with such materials as of which the Tenant may be approved by Lessor. All decorationsin any way obligated, additions, improvements or other Alterations to attach to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Leased Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment Building and that whenever and so often as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alterationliens will attach or claims therefor will be filed, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.Tenant will within

Appears in 1 contract

Samples: Office Lease (M Wave Inc)

Alterations. Lessee (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make no decorationsany alterations, installations, changes, replacements, additions, or improvements (structural or other Alterations otherwise) (each an "Alteration") in or to the Premises costing in excess of $10,000.00 or structural in nature, any part thereof without the prior written consent of Lessorthe Landlord; provided, and then only at however, that Landlord shall not unreasonably withhold, condition or delay its sole cost and expense and by contractors consent to any of the same which do not affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or mechanics and in such manner and with such materials as may be approved by Lessorair conditioning systems serving either the Building or the Premises. All decorationsAlterations in the Premises (whether installed with or without Landlord's consent), additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed shall at the expense election of Lessee, shall, unless Lessor elects otherwise Landlord remain in writing, become the property of Lessor upon the installation thereof, Premises and shall be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury; further provided, however, that any and all manufacturing items or other items of Tenant's personalty shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. If requested by Lessee in writing, Lessor Tenant shall designate at the time similarly restore any damage resulting from its removal of its personal property. (b) Landlord is delivering the Premises to Tenant in its "AS IS" condition, without any representation or warranty of any kind, express or implied, as to its condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant. (c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any request proposed Alterations or additions by Lessee Tenant which are to be made by a contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, builder's risk insurance and comprehensive public liability insurance with limits as approved by Landlord, and Tenant shall deliver to Landlord certificates of all such insurance. Tenant's work shall be performed in a first-class and lien-free manner. Tenant shall not be Landlord's agent for permission purposes of this work and Tenant shall be solely responsible for any mechanics' or materialmen's lien arising therefrom; Tenant shall pay, bond or otherwise release of record any such lien within ten (10) days after receiving notice of its existence. (d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and shall not permit or suffer any lien to make Alterations, additions or improvements attach to the Premises, those items for and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which Lessor reserves the right may be incurred by Landlord with respect to require Lessee any such lien or claim of lien. Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to remove upon the expiration have been undertaken by or sooner termination through Tenant to be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let any kind against the Premises upon or the expiration or sooner termination Building. Tenant shall notify all of the term of this Lease. If required its contractors and materialmen in writing that any liens relating to any work ordered by Lessor Tenant shall attach to Tenant's leasehold estate in accordance with the foregoing, any such Alteration, addition or improvement to the Premises and shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to not encumber Landlord's interest in the Premises caused by such removal and restore or the Premises to Building standardBuilding.

Appears in 1 contract

Samples: Lease (MPW Industrial Services Group Inc)

Alterations. Lessee shall make no decorationsAny alterations, additionsimprovements, improvements additions or other Alterations in fixtures ----------- affixed to the Premises costing in excess of $10,000.00 that may be made or structural in natureinstalled upon the Premises by either the Lessor or the Lessee, without with the prior written consent of Lessor, shall become and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become remain the property of Lessor the Lessor, and, at the termination of this lease, shall remain upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by as a part thereof, without disturbance, molestation or injury, except that if Lessor so notifies Lessee, Lessee in writingshall promptly remove such alterations, improvements and additions as Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease specify and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal removal. If the Lessor consents to such alterations or additions, before the commencement of the work or delivery of any materials onto the Premises, the Lessee shall furnish the Lessor with plans and restore specifications, names and addresses of contractors and all subcontractors and suppliers, copies of proposed contracts, necessary permits, and indemnification in form and amount reasonably satisfactory to Lessor and waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Lessee shall not execute any contracts or agree orally with any contractor to perform any alterations to the Premises without the prior written consent of Lessor. Any contracts between Lessee and any contractors shall provide that the contractor acknowledges that the Lessor is not responsible for any payments to Building standardthe contractor and the contractor shall hold the Lessor harmless against any liens or claims for Liens and any damages or expenses to which the Lessor may be subjected as a result thereof, including reasonable attorney's fees. All additions and alterations shall be installed in a good and workmanlike manner and only new, high grade materials shall be used. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to hold the Lessor, its agents, representatives and beneficiary harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Lessee shall furnish the Lessor with certificates of insurance from all contractors performing labor or furnishing materials insuring the Lessor, its agents, representatives and beneficiary against any and all liabilities which may arise out of or be connected in any way with such work. Upon completion of any alterations or additions, the Lessee shall furnish the Lessor with contractor's affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall compl6y with all insurance requirements and with all ordinances and regulations of the Village of Oak Park and the State of Illinois or of any department or agency thereof.

Appears in 1 contract

Samples: Store Lease (Carnegie International Corp)

Alterations. Lessee Tenant shall make no decorationsnot make, additionsor suffer to be made, improvements any alterations or other Alterations in additions to the Premises costing in excess of $10,000.00 Premises, or structural in natureany part thereof, without the prior written consent of LessorLandlord, and then only at its sole cost and expense and by contractors any such additions to or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to alterations of the Premises, except movable office furniturefurniture and trade fixtures, shall become at once a part of the realty and belong to Landlord. To the extent that Tenant shall desire to make any alterations or additions to the Premises, Tenant shall submit to Landlord for Landlord's review and approval, detailed plans and specifications for the proposed alterations or additions. Any such alterations or additions approved by Landlord shall be constructed by a contractor selected by Tenant but approved by Landlord, shall be constructed in a good and workmanlike manner and of good and sufficient materials, in accordance with the plans and specifications approved by Landlord, and equipment installed at in accordance with all Applicable Laws. Tenant shall be responsible for obtaining and complying with the expense terms and provisions of Lessee, any permits or approvals required in connection with any alterations or additions to the Premises constructed by Tenant. Tenant shall, unless Lessor elects otherwise in writing, become the property of Lessor promptly upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval completion of any request by Lessee for permission to make Alterations, additions such alterations or improvements to the PremisesPremises deliver to Landlord all as-built plans and specifications therefor. Landlord may, those items for which Lessor reserves the right but shall not be obligated to, condition Landlord's consent to require Lessee to remove upon the expiration any alterations or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement additions to the Premises shall be removed at Lessee’s expense costing $10,000 or more upon the expiration or sooner termination Tenant's delivery of a lien and completion bond in an amount equal to one hundred fifty percent (150%) of the term estimated cost of this Lease and Lesseethe proposed alterations or additions to the Premises. In any case, at its expenseTenant shall keep the Premises free from any liens arising out of any work performed, shall also repair material furnished, or obligation incurred by Tenant, whether in connection with any damage alterations or additions to the Premises caused by such removal and restore the Premises to Building standardor otherwise.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Alterations. Lessee Tenant shall not make no decorationsany structural alterations, additionschanges, additions or improvements in or other Alterations in to the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of LessorLandlord, which consent shall not be unreasonably withheld, conditioned or delayed. Prior to the commencement of any work requiring Landlord’s consent, Tenant shall submit to Landlord for its approval plans and then only specifications therefor and shall cause Landlord’s bonding, insurance and other requirements of the contractor performing such work to be satisfied. Tenant shall discharge, by bond or otherwise, within thirty (30) days of its receipt of written notice of any filing thereof, any mechanics’ lien or other lien for payment of money arising out of any labor or material furnished to or for Tenant at its sole cost the Premises by reason of any alteration, change, addition or improvement by Tenant. Any work approved by Landlord in accordance herewith shall be done in a good and expense and by contractors or mechanics and in such workmanlike manner and with such materials as may be approved by Lessorthe use of good grades of materials. All decorations, additions, improvements or other Alterations to With the Premises, except movable office exception of Tenant’s furniture, equipment and equipment installed movable trade fixtures, all alterations, improvements, additions and installations to or on the Premises shall become part of the Premises at the expense time of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the their installation thereof, and shall be surrendered with remain in the Premises at the expiration or termination of this Lease or termination of Tenant’s right of possession of the Premises without compensation or credit to Tenant. However, at the expiration or termination of this Lease, Tenant shall remove such improvements as Landlord requests and, upon Tenant’s failure to do so, Landlord may remove such improvements. If requested by Lessee in writing, Lessor Tenant shall designate at reimburse Landlord for the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove cost thereof upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in LessorLandlord’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standarddemand.

Appears in 1 contract

Samples: Lease Agreement (Great Lakes Dredge & Dock CORP)

Alterations. Lessee shall (a) Tenant will not make no decorationsor permit anyone to make any alterations, additionsadditions or improvements, improvements structural or other Alterations otherwise, in or to the Premises costing in excess of $10,000.00 or structural in nature, the Building without the prior written consent of LessorLandlord, which consent, in the case of any alterations, additions or improvements not involving structural elements or the exterior of the Building or Premises, shall not be unreasonably withheld, delayed or conditioned. Any such alterations, additions or improvements, structural or otherwise, must conform to all governmental regulations, as well as those established by the appropriate underwriter's associations. (b) As a condition precedent to such written consent of Landlord (but not the sole condition precedent to such consent), Tenant shall obtain and deliver to Landlord written and unconditional waivers of mechanics' liens upon the Land and the Building, for all work, labor and services to be performed, and then only materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers to become involved in such work. Tenant shall not permit any mechanic's or materialman's lien to be established against the Land or the Building, the Premises, or any portion thereof, or against Tenant's leasehold interest in the Premises, in connection with or arising out of any work done on the Premises. In the event that any notice is received by Landlord with respect to any claim or any intent to file a mechanic's lien against the Land or the Building, the Premises, or against the Tenant's leasehold interest in the Premises, in connection with or arising out of any work done on the Premises, or for materials claimed to have been furnished to Tenant, such mechanic's lien shall be discharged by Tenant within ten (10) days after receipt of the notice of intent to claim a lien at its Tenant's sole cost and expense by the payment thereof or by filing any bond required by law. If Tenant shall fail to discharge any such mechanic's lien, Landlord may, at its option, discharge the same and treat any and all cost thereof as additional rent payable with the monthly installment of Basic Rent next becoming due. It is hereby expressly covenanted and agreed that such discharge by contractors Landlord shall not be deemed to waive, or mechanics release, the default of Tenant in not discharging any such lien. Tenant shall defend, indemnify, and hold Landlord safe and harmless from and against any such alterations, additions or improvements, or in connection with any petition for, establishment of, or threat of establishment of any such manner and with lien, including, without limitation, reasonable attorneys' fees. (c) Tenant agrees that any improvements and/or alterations made by it which are attached to the Premises so that removal of such materials as may be approved by Lessor. All decorationsimprovements and/or alterations may, additionsin Landlord's sole reasonable discretion, improvements or other Alterations to damage the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, shall become the property of Lessor Landlord and remain upon the installation thereof, and shall be surrendered with the Premises at the expiration or termination of this Lease. If requested by Lessee in writingthe Term, Lessor shall designate at the time of its approval of any request by Lessee for permission provided that, upon notice to make AlterationsTenant, additions or improvements to the PremisesLandlord may require Tenant, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect remove any or all of such Alteration, addition or improvement upon Lessor’s ability improvements and/or to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardtheir condition as of the Commencement Date, excluding ordinary wear and tear. All property permitted or required to be removed by Tenant shall be deemed abandoned if not removed within ten (10) days after notice is given to Tenant and Landlord may either retain it as Landlord's property or may remove it at Tenant's expense.

Appears in 1 contract

Samples: Lease Agreement (Nfo Worldwide Inc)

Alterations. Lessee (a) The Tenant will not make, install or erect in or to the Premises any installations, erections, structures, alterations, additions or partitions without first submitting the drawings and specifications to the Landlord and obtaining the Landlord's prior written consent in each instance, which consent shall make no decorationsnot be unreasonably withheld. Furthermore, the Tenant must obtain the Landlord's prior written consent to any change or changes in such drawings or specifications, and shall pay, as Additional Rent, on demand, the cost to the Landlord of having its Consultants approve such changes prior to proceeding with any work based on such drawings or specifications The Tenant shall not demolish all or any part of the Building without first submitting the drawings and specifications to the Landlord and obtaining the Landlord's prior written consent in each instance, which consent shall not be unreasonably withheld. Furthermore, the Tenant must obtain the Landlord's prior written consent to any change or changes in such drawings or specifications, and shall pay, as Additional Rent, on demand, the cost to the Landlord of having its Consultants approve such changes prior to proceeding with any work based on such drawings or specifications. Such work may be performed by contractors engaged by the Tenant but in each case under written contract, approved in writing by the Landlord and subject to all reasonable conditions which the Landlord may impose. Any work performed by or for the Tenant shall be performed by competent workmen whose labour union affiliations are not incompatible with those of any workmen who may be employed by the Landlord, its contractors or sub-contractors and the Tenant provides the Landlord with satisfactory evidence that all contractors or sub-contractors providing services with respect to the demolition or construction have appropriate labour and material bonding. All such installations, alterations, additions, improvements changes and work performed by or other Alterations for the Tenant shall conform to all building by-laws and shall conform to all federal, provincial and municipal rules and regulations, if any, then in force affecting the Premises costing in excess of $10,000.00 or structural in natureand the Building. Such installations, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorationsalterations, additions, improvements changes and work performed by or other Alterations for the Tenant shall be completed in a good and workmanlike manner. (b) Unless otherwise agreed to by the Landlord, If any of the following work is required by the Tenant, it shall be carried out by the Landlord under written contract with the Tenant and at the Tenant's sole expense: (i) all approved work relating to heating, cooling, ventilation, exhaust, control, electrical distribution and life safety systems, (ii) patching of building standard fireproofing, (iii) any drilling, cutting, coring and patching for conduit, pipe sleeves, chases, duct equipment, or openings in the floors, walls, columns or roofs of the Building which are approved by the Landlord; and (iv) installation of approved modifications to the Premisessprinkler system. On completion of such work, except movable office furnitureby the Landlord or its contractors, the Tenant shall pay to the Landlord as Additional Rent, on demand, the costs of the Landlord relating to such work (including the fees of any Consultant) plus the Landlord's management fee of fifteen (15%) of the cost of the portion of the work performed by the Landlord or its contractors. (c) The Tenant shall submit to the Landlord's supervision over construction and promptly pay to the Landlord's or to the Tenant's contractors as the case may be, when due, the cost of all such work and of all materials, labour and services involved in the work and of all decoration and all changes in the Building, its equipment installed or services, necessitated by the Tenant's work. If the Tenant performs any work without the consent of the Landlord or without complying with the provisions of this Section, such work shall be promptly removed by the Tenant and the Premises restored to their previous condition, all at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this LeaseTenant. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alterationerection, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to placed on the Premises shall be removed at Lessee’s expense upon subject to all the expiration or sooner termination of the term provisions of this Lease and, if removed as provided in this Lease, the Tenant shall repair all damage caused by the installation and Lesseeremoval. (d) The Landlord shall have the right to charge and be paid as Additional Rent a reasonable management fee for and in connection with the supervision by the Landlord of the making of any repairs, at its expensealterations, shall also repair any damage installations and construction relating to the Premises caused by such removal and restore the Premises to Building standardTenant.

Appears in 1 contract

Samples: Lease Agreement (Beaconsfield I Inc)

Alterations. Lessee shall The Tenant agrees that Tenant will make no decorationsalterations in, or additions or improvements to said premises without in each case the written consent of Landlord first being had and obtained. Drawings and specifications of the proposed alterations shall be submitted when Tenant requests the said approval. Xxxxxx agrees that Tenant will make all such alterations, additions, or improvements in or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed premises at the expense of LesseeTenant. Tenant agrees that in making any such alterations, shalladditions, unless Lessor elects otherwise or improvements and in writingoccupying and using said premises, Tenant will comply with the Building Code and ordinance of the City, and all the laws of the State in which said premises are located, pertaining to such work and/or such use or occupancy; it being further agreed that any additions, alterations, or improvements made by Tenant (except only movable store and office furniture and fixtures and equipment affixed to the lease premises that is essential to Tenant’s business) shall become and remain a part of the building and be and remain the property of Lessor Landlord upon the installation thereof, and shall be surrendered with the Premises at the expiration termination of this Lease. If requested Lease or the Tenant's occupancy of said premises; provided, however, that the Landlord by Lessee in writing, Lessor shall designate giving written notice to Tenant at the time of its approval consenting to the making of any request by Lessee for permission to make Alterationssuch additions, additions alterations, or improvements may require Tenant to restore said premises to the Premisessame condition they were in immediately before the making of such additions, those items for which Lessor reserves the right to require Lessee to remove upon the expiration alterations, or sooner termination improvements. The interest of the term of this LeaseLandlord shall not be subject to liens for improvements made by Tenant. Any such designation shall be in Lessor’s sole discretionXxxxxx agrees that Xxxxxx will save harmless Landlord from and against all expenses, based upon its reasonable judgment as liens, claims, or damages to the probable effect of such Alteration, addition either property or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration person which may or sooner termination might arise by reason of the term making of this Lease. If required by Lessor in accordance with the foregoing, any such Alterationrepairs, addition alterations, additions, or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardimprovements.

Appears in 1 contract

Samples: Lease Agreement (Oak Ridge Micro-Energy Inc)

Alterations. The Lessee shall not make no decorationsany alterations in or additions to the Premises without the Lessor's advance written consent in each and every instance, not to be unreasonably withheld. All alterations or additions shall be made pursuant to the following conditions: (a) Before commencement of any work or delivery of any materials onto the Premises or into the Building, the Lessee shall furnish the Lessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Lessor and waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions, improvements together with certificates of insurance from all contractors performing labor or other furnishing materials insuring the Lessor against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. In addition, Lessee shall provide an "All Physical Loss" Builders Risk insurance policy with respect to all alterations and additions in an amount equal to l00% of the replacement cost of the alterations and additions. Lessor shall be named an insured as its interest may appear. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to defend, indemnify and hold the Lessor harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. (b) Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner additions shall comply with all insurance requirements and with such materials as may be approved by Lessor. All decorations, additions, improvements all ordinances and regulations of the City of Chicago or other Alterations to any department or agency thereof and with the Premises, except movable office furniture, requirements and equipment installed at statutes and regulations of the expense State of Lessee, shall, unless Lessor elects otherwise in writing, become the property Illinois or of Lessor upon the installation any department or agency thereof, and shall be surrendered installed in a good, workmanlike manner and only new, high-grade materials shall be used. Lessee shall permit the Lessor to supervise construction operations in connection with alterations or additions if the Lessor requests to do so. (c) The Lessee shall pay all the costs of such alterations and additions plus a reasonable amount to Lessor for Lessor's overhead with respect to supervision necessary to satisfy Lessor that no damage will result to the Building. Such charge shall not, however, relieve Lessee of any responsibility or liability for any such damage. Lessee shall also pay the cost of decorating the Premises at occasioned by such alterations and additions. Each payment upon said costs shall be only upon receipt of all such contractor's and subcontractor's sworn statements, full or partial waivers of lien, certificates and other documentation, if any, as Lessor or any title insurance company shall request in order to fully protect the expiration building and the Premises against all possible claims in the nature of this Lease. If requested by Lessee in writing, Lessor shall designate at mechanic's liens arising out of the time performance of its approval of any request by Lessee for permission said work and to make Alterations, additions or improvements enable said title insurance company to insure the title to the Premises, those items for which Lessor reserves Premises and the right to require Lessee to remove upon the expiration or sooner termination building against such claims. Without limitation of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, upon completing any alterations or additions, the Lessee shall furnish the Lessor with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used, together with all such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, other documentation described above as Lessor shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardrequire.

Appears in 1 contract

Samples: Office Lease (Tunes Com Inc)

Alterations. Lessee shall Tenant will not make no or permit anyone to make any alterations, decorations, additionsadditions or improvements, improvements structural or other Alterations otherwise, in or to the Demised Premises costing in excess of $10,000.00 or structural in nature, the Building without the prior written consent of LessorLandlord. As a condition precedent to such written consent of Landlord, Tenant agrees to obtain and deliver to Landlord written and unconditional waivers of mechanics’ liens upon the real property of which the performed, and then only materials to be unconditional waivers of mechanics’ liens upon the real property of which the Demised Premises are a part, for all work, labor, and services to be performed, and materials to be furnished, by them in connection with such work, signed by all contractors, subcontractors, material men and laborers to become involved in such work. If notwithstanding the foregoing, any mechanics’ lien is filed against the Demised Premises, or the real property of which the Demised Premises are a part, for work claimed to have been done for, or materials claimed to have been furnished to, Tenant, such mechanics’ lien shall be discharged by Tenant within ten (10) days thereafter, at its Tenant’s sole cost and expense expense, by the payment thereof or by filing any bond required by law. If Tenant shall fail to discharge any such mechanics’ lien, Landlord may, at its option, discharge the same and treat the cost thereof as additional rent payable with the monthly installment of rent next becoming due; it being hereby expressly covenanted and agreed that such discharge by contractors Landlord shall not be deemed to waive, or mechanics release the default of Tenant in not discharging the same. Tenant will indemnify and hold Landlord harmless from and against any and all expenses, liens, claims or damages to person or property which may or might arise by reason of the making of any such alterations, decorations, additions or improvements. If any such alteration, decoration, addition or improvement is made without the prior written consent of Landlord, Landlord may correct or remove the same, the Tenant shall be liable for any and all expenses incurred by Landlord in such manner and with such materials as may be approved by Lessorthe performance of this work. All alterations, decorations, additions, additions or improvements in or other Alterations to the Premises, except movable office furniture, and equipment installed at Demised Premises or the expense of Lessee, shall, unless Lessor elects otherwise in writing, Building made by either party shall immediately become the property of Lessor upon the installation thereof, Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof at the expiration end of the term hereof without disturbance, molestation or injury; provided, however, that if Tenant is not in default in the performance of any of its obligations under this Lease. If requested by Lessee in writing, Lessor Tenant shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves have the right to require Lessee remove, prior to remove upon the expiration or sooner termination of the term of this Lease. Any , all movable furniture, furnishings or equipment installed in the Demised Premises at the expense of Tenant, and if such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as property of Tenant is not removed by Tenant prior to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance , the same shall become the property of Landlord and shall be surrendered with the foregoing, any such Alteration, addition or improvement to the Demised Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardas a part thereof.

Appears in 1 contract

Samples: Lease Agreement (Tvi Corp)

Alterations. Lessee (a) Except as set forth in this PARAGRAPH 8 or in PARAGRAPH 12, Tenant shall not make no decorationsany alterations, installations, changes, replacements, additions, or improvements (structural or other otherwise) (each an "ALTERATION") in or to the Premises or any part thereof without the consent of the Landlord; PROVIDED, HOWEVER, that Landlord shall not unreasonably withhold, condition or delay its consent to any of the same which do not affect the structural, mechanical, electrical, hydraulic, plumbing, heating, ventilating or air conditioning systems serving either the Building or the Premises. All Alterations in the Premises costing in excess of $10,000.00 (whether installed with or structural in naturewithout Landlord's consent), without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed shall at the expense election of Lessee, shall, unless Lessor elects otherwise Landlord remain in writing, become the property of Lessor upon the installation thereof, Premises and shall be surrendered with the Premises at the expiration of this Lease without disturbance, molestation or injury; FURTHER PROVIDED, HOWEVER, that any and all manufacturing items or other items of Tenant's personalty shall remain Tenant's property and shall be removed by Tenant upon the expiration or earlier termination of the Term. Should Landlord elect that Alterations made by Tenant in the Premises be removed upon expiration or termination of this Lease, Tenant shall cause same to be removed and to repair any damage caused thereby and restore the Premises at Tenant's sole cost and expense and Tenant shall reimburse Landlord for the cost of such removal together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same and to repair and restore as set forth above. If requested by Lessee in writing, Lessor Tenant shall designate at the time similarly restore any damage resulting from its removal of its personal property. (b) Landlord is delivering the Premises to Tenant in their "AS IS" condition, without any representation or warranty of any kind, express or implied, as to their condition and without any obligation to perform any work or to pay for any third party or Tenant to perform any work. By its execution of this Lease, Tenant acknowledges that it has inspected Building and the Land and that they are in condition satisfactory to Tenant. (c) All of Tenant's work shall be done by contractors acceptable to Landlord in its reasonable discretion. Alterations by Tenant, including any initial build-out, shall be coordinated with any work being performed by Landlord. As further conditions to Landlord's approval of any request proposed Alterations or additions by Lessee Tenant which are to be made by a contractor, Tenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, builder's risk insurance and comprehensive public liability insurance with limits as approved by Landlord, and Tenant shall deliver to Landlord certificates of all such insurance. Tenant's work shall be performed in a first-class and lien-free manner. Tenant shall not be Landlord's agent for permission purposes of this work and Tenant shall be solely responsible for any mechanics' or materialmen's lien arising therefrom; Tenant shall pay, bond or otherwise release of record any such lien within ten (10) days after receiving notice of its existence. (d) Tenant shall promptly pay for any work done or material furnished in or about the Premises and shall not permit or suffer any lien to make Alterations, additions or improvements attach to the Premises, those items for and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which Lessor reserves the right may be incurred by Landlord with respect to require Lessee any such lien or claim of lien. Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to remove upon the expiration have been undertaken by or sooner termination through Tenant to be released by payment, bond or otherwise within thirty (30) days after request by Landlord. Tenant shall have no authority or power, express or implied, to create or cause any lien, charge, or encumbrance of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let any kind against the Premises upon or the expiration or sooner termination Building. Tenant shall notify all of the term of this Lease. If required its contractors and materialmen in writing that any liens relating to any work ordered by Lessor Tenant shall attach to Tenant's leasehold estate in accordance with the foregoing, any such Alteration, addition or improvement to the Premises and shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to not encumber Landlord's interest in the Premises caused by such removal and restore or the Premises to Building standardBuilding.

Appears in 1 contract

Samples: Lease (MPW Industrial Services Group Inc)

Alterations. Lessee (a) Tenant shall not make no any alterations, decorations, additions, improvements or other Alterations in additions to the Premises costing in excess of $10,000.00 or structural in natureattach any fixtures or equipment thereto, without the Landlord’s prior written consent approval, such approval not to be unreasonably withheld, conditioned or delayed. All such alterations, interior decorations, improvements or additions made to the Premises or the attachment of Lessor, and then only any fixtures or equipment thereto shall be performed at its Tenant’s sole cost and expense expense. Notwithstanding the foregoing, Tenant may (i) affix pictures and by contractors or mechanics shelving to the walls and (ii) perform other minor cosmetic alterations to the Premises not exceeding Five Thousand and 00/100ths Dollars ($5,000.00) in such manner and with such materials as may be approved by Lessor. the aggregate, without Xxxxxxxx’s consent. (b) All alterations, decorations, additions, improvements or other Alterations additions to the Premises, except movable office furniture, Premises made by Tenant shall be deemed to have been attached to the Premises and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, to have become the property of Lessor Landlord upon the installation such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, decorations, improvements or additions, except trade fixtures installed by Tenant; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be surrendered with the Premises removed by Tenant at the expiration or termination of this Lease. If requested by Lessee in writing, Lessor and Tenant shall designate at properly remove the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease same and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal. (c) In performing such alterations, decorations, improvements or additions, or in the removal thereof, Tenant shall use due care to cause as little damage or injury as possible to the Premises and restore the Building and shall repair all damage or injury that may occur to the Premises or the Building. (d) Xxxxxx agrees in doing any such work in or about the Premises to Building standardengage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. Any contractors employed by Tenant shall be subject to Landlord’s prior written approval, such approval not to be unreasonably withheld, conditioned or delayed. All such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. (e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at Xxxxxx’s sole cost and expense, all necessary permits, authorizations and licenses required by the various governmental authorities having jurisdiction over the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

Alterations. Lessee shall Tenant further covenants that it will not make no decorationsany alterations, additions, improvements or other Alterations in the Premises costing in excess changes of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations any kind to the Premises, except movable office furniturewithout first securing the written consent of Landlord, and equipment installed after submission of the plans therefor to Landlord. Any alterations, additions, or changes as Landlord shall permit in writing shall be made at Tenant's expense. Any such alterations, additions, or changes will, at the expense expiration of Lesseethe Term, shall, unless Lessor elects otherwise in writingor the sooner termination thereof, become the property of Lessor upon the installation thereofLandlord; or, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writingLandlord's option, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed restored to its former condition at Lessee’s the expense upon of Tenant, provided, however, that Tenant shall have the expiration right, so long as Tenant is not in default, to remove any trade fixtures or sooner termination other fixtures installed by Tenant; provided further that Tenant shall be responsible for repair of any damages to the freehold occasioned by the removal thereof. Tenant will, in making any alterations, additions, changes, or repairs, as well as in its use of the term Premises, fully comply with all federal and State laws, City ordinances, and regulations of this Lease and Lesseeall public authorities, as well as the requirements of the Association of Fire Underwriters, or similar governing insurance body, all at Tenant's expense. Tenant covenants, at its own expense, shall also repair promptly to comply with and do all things required by any damage notice served upon it or upon Landlord in relation to the Premises or any part thereof, from any public authority, if the same shall be caused by such removal and restore Tenant's use of the Premises, or any alteration, addition, or change thereof. Tenant covenants that no liens shall attach to the Premises by virtue of any alterations, additions, or changes made by Tenant, and that if any such lien is filed, Tenant will cause the same to Building standardbe removed within thirty (30) days.

Appears in 1 contract

Samples: Lease Agreement (Frozen Food Gift Group, Inc)

Alterations. Lessee shall not at any time make no decorationsany alteration, additionschange, improvements addition or other Alterations improvement (hereinafter collectively called alterations) in or to the Premises costing in excess structural or exterior of $10,000.00 or structural in nature, the premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld or delayed. Without Lessor's consent being required, Lessee may make such interior nonstructural alterations as Lessee may deem appropriate, provided that where such alterations are desired costing in excess of $20,000 in connection with any particular remodeling, Lessee will furnish copies of the plans and then only specifications therefor to Lessor prior to commencing such work. For purposes hereof, mechanical, electrical and plumbing systems shall be deemed "structural." In any event: (a) the alterations shall be performed in a first class workmanlike manner at its Lessee's sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furnitureexpense, and equipment installed at shall not weaken or impair the expense structural strength or lessen the value of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereofpremises, and shall be surrendered conducted in such manner as to cause a minimum of interference with other construction in progress and with the Premises at transaction of business in the expiration Shopping Center. Lessee agrees to indemnify Lessor and hold Lessor harmless against any loss, liability or damage resulting from such work; not to be unreasonably withheld or delayed (and deemed approved if not objected to by Lessor within fifteen (15) days after Lessor's receipt thereof); (b) the alterations shall be made according to plans and specifications therefor, which shall be first submitted to and where required, approved in writing by Lessor; (c) before the commencement of this Lease. If requested work on any alterations, such plan and specifications shall be approved by Lessee all governmental authorities having jurisdiction and any public utility company having an interest in writing, Lessor shall designate at the time of its approval alterations; and (d) before the commencement of any request by Lessee alterations, lessee shall pay the amount of any increase in premiums on insurance policies for permission to make Alterationsendorsement covering the risk during work on the alterations, additions or and workmen's compensation insurance, if any, covering all persons employed in connection with that work. All alterations, improvements to the Premisesand fixtures (including, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretionwithout limitation, based upon its reasonable judgment as to the probable effect of such Alterationall floor coverings and all heating and air conditioning equipment but excluding lessee's unattached, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease readily movable furniture and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standard.office 140

Appears in 1 contract

Samples: Ground Lease Agreement (Fresh N Lite Inc)

Alterations. Lessee USER shall not make no decorationsany permanent alterations, additions or improvements (painting, building walls or structures, constructing improvements that would damage the Authorized Area upon removal of such improvements, installation of landscaping, etc.) to the Authorized Area or maintain signs or banners without, in each case, obtaining the consent of COUNTY. If any Alterations, additions, or improvements in or to the Authorized Area are made necessary by reason of the use of the Authorized Area by USER and, provided that COUNTY grants its prior permission to USER regarding such alterations, additions or improvements, USER agrees that it will make all such alterations, additions, and improvements in or to the Authorized Area at its own expense and in compliance with all building codes, ordinances, and governmental regulations pertaining to such work, use, or occupancy and in accordance with the requirements of COUNTY and its Facilities Department. In accordance with indemnification provision set out herein, USER agrees that it will hold COUNTY harmless against all expenses, liens, claims, and damages to either property or person that may or might arise because any repairs, alterations, additions, or improvements are made, except to the extent which results from COUNTY’s negligence or willful misconduct. USER agrees to restore, at USER's sole expense, the Authorized Area to the same condition as received, reasonable wear and tear excepted, upon the termination or expiration of this Agreement; provided, however, COUNTY may, in its sole discretion, choose to retain any alterations, additions, or improvements and not require USER to remove them. Furthermore, USER agrees to work cooperatively with COUNTY's Facilities Director in relation to any alterations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations repairs to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination of the term of this Lease. Any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at Lessee’s expense upon the expiration or sooner termination of the term of this Lease and Lessee, at its expense, shall also repair any damage to the Premises caused by such removal and restore the Premises to Building standardAuthorized Area.

Appears in 1 contract

Samples: Authorized User Agreement

Alterations. Lessee a. Tenant shall not make no decorations, additions, improvements or other Alterations in the Premises costing in excess of $10,000.00 or structural in nature, without the prior written consent of Lessor, and then only at its sole cost and expense and by contractors or mechanics and in such manner and with such materials as may be approved by Lessor. All decorations, additions, improvements or other Alterations to the Premises, except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, become the property of Lessor upon the installation thereof, and shall be surrendered with the Premises at the expiration of this Lease. If requested by Lessee in writing, Lessor shall designate at the time of its approval of any request by Lessee for permission to make Alterationsalterations, additions or improvements to any portion of the Premises, those items for which Lessor either inside or outside, without Landlord’s prior written consent in each instance. Upon any request by Tenant to make any alterations, additions or improvements, Landlord reserves the right to require Lessee Tenant to remove submit to Landlord plans and specifications for Landlord’s approval. Any alterations, additions or improvements (except for movable equipment and furniture owned by Tenant) installed in the Premises by or on behalf of Tenant shall, at Landlord’s option, become a part of the Premises and Landlord’s property upon the expiration or sooner earlier termination of this Lease unless otherwise stated by Landlord in writing; provided, however, Landlord shall have the term of this Lease. Any right to require Tenant to remove any such designation shall be in Lessor’s sole discretion, based upon its reasonable judgment as to the probable effect of such Alterationalteration, addition or improvement upon Lessor’s ability to freely re-let the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed at LesseeTenant’s expense upon the expiration or sooner earlier termination of this Lease. In the term event that Landlord so elects, and Tenant fails to remove such alteration, addition or improvement, Landlord may remove such alteration, addition or improvement at Tenant’s cost, and Tenant shall pay Landlord on demand the cost of this Lease restoring the Premises to the condition it existed as of the Commencement Date, ordinary wear and Lessee, at its expense, tear excepted. Tenant shall also repair reimburse Landlord upon demand for all costs and expenses incurred by Landlord in repairing or replacing any damage to the Building, Premises or Common Areas caused by Tenant or Tenant’s agents, employees, invitees, or visitors. b. If any such removal alterations, additions or improvements are consented to by Landlord, Tenant, at its sole cost and restore expense, shall perform such work in a good and workmanlike manner, and shall obtain all necessary governmental permits and certificates necessary for the Premises commencement and completion of such alterations, additions and improvements, and shall cause such alterations, additions and improvements to Building standardbe performed in compliance therewith and with all applicable laws, ordinances, requirements, orders, rules and regulations.

Appears in 1 contract

Samples: Lease Agreement (Nexxus Lighting, Inc.)

Alterations. Lessee shall make no decorations, additions, improvements changes in or other Alterations in to the demised Premises costing in excess of $10,000.00 or structural in nature, any nature without Lessor's prior written consent. Subject to the prior written consent of Lessor, and then only to the provisions of this paragraph, Lessee at its sole cost Lessee's expense, may make alterations, installations, additions or improvements which are non-structural and expense which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised Premises by using contractors or mechanics and in such manner and with such materials as may be first approved by Lessor. All decorationsfixtures and all panelling, additionspartitions, improvements railing and like installations, installed in the Premises at any time, either by Lessee or other Alterations to the PremisesLessor on Lessee's behalf (including trade fixtures), except movable office furniture, and equipment installed at the expense of Lessee, shall, unless Lessor elects otherwise in writing, shall become the property of Lessor upon the installation thereof, Lessee and shall remain upon and be surrendered with the demised Premises at unless Lessor, by notice to Lessee no later than twenty (20) days prior to the expiration date fixed as the termination of this Lease. If requested , elects to have them removed by Lessee, in which event, the same shall be removed from the Premises by Lessee in writingforthwith, Lessor at Lessee's expense. Upon removal from the Premises of any installations as may be required by Lessor, Lessee shall designate 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 Lessee at the time of its approval of any request by Lessee for permission to make Alterations, additions or improvements to the Premises, those items for which Lessor reserves the right to require Lessee to remove upon the expiration or sooner termination end of the term of this Lease. Any such designation remaining in the Premises after Lessee's removal shall be in deemed abandoned and may, at the election of the Lessor’s sole discretion, based upon its reasonable judgment either be retained as to the probable effect of such Alteration, addition Lessor's property or improvement upon Lessor’s ability to freely re-let may be removed from the Premises upon the expiration or sooner termination of the term of this Lease. If required by Lessor in accordance with the foregoing, any such Alteration, addition or improvement to the Premises shall be removed Lessee at Lessee’s expense upon the expiration 's expense. Lessee shall, before making any alterations, additions, installations or sooner termination of the term of this Lease and Lesseeimprovements, 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 also repair deliver promptly duplicates of all such permits, approvals and certificates to Lessor and Lessee agrees to carry and will cause Lessee's contractors and sub-contractors to carry such worker's compensation, general liability, personal and property damage insurance as Lessor may require. Lessee agrees to obtain and deliver to Lessor, written and unconditional waivers of mechanic's liens upon the real property in which the demised 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, materialmen and laborers to become involved in such work. Notwithstanding the foregoing, if any damage mechanic's lien is filed against the demised Premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Lessee, whether or not done pursuant to this paragraph, the Premises caused same shall be discharged by such removal and restore Lessee within ten (10) days thereafter, at Lessee's expense, by payment thereof or by filing the Premises to Building standardbond required by law.

Appears in 1 contract

Samples: Sub Lease Agreement (Complete Wellness Centers Inc)

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