Alterations. Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 3 contracts
Sources: Office Space Lease (Myers Steven & Associates Inc), Office Space Lease (Pharmaprint Inc), Assignment of Lease (Imperial Credit Commercial Holdings Inc)
Alterations. (a) Tenant shall make no alterationsnot, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical make any alterations, improvements or mechanical components or systems of the Building and are not visible from the exterior of additions to the Premises. If Landlord consents to any alterations, improvements or additions, it may imposeimpose 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 condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the first class workmanlike manner, timeusing only good grades of materials and without disturbing other tenants, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work be done in compliance with all insurance requirements and all applicable laws, laws or ordinances and rules and regulations of governmental departments or agencies and ordinancesshall be done by responsible contractors and subcontractors approved by Landlord in advance whose engagement will not in Landlord’s opinion, and Landlord shall be entitled to a supervision fee in fact does not, result in any labor dispute at the amount of five percent (5%) Building, whether in connection with any construction at the Building, the operation of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all Building or otherwise.
(b) All alterations, additions or improvements affixed made by Tenant and all fixtures attached to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and remain at the Premises or, at Landlord’s option, any or all of the foregoing shall be surrendered with the Premises removed at the end cost of Tenant before the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, expiration or sooner termination date of this Lease, Lease and in such event Tenant shall repair all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removalcaused by the installation and/or removal thereof. Landlord may require Tenant shall not permit or suffer any signs, advertisements or notices to remove an improvement provided as be displayed, inscribed upon or affixed on any part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified outside or inside of the requirement 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 directory board or on the entrance doors of the Premises without, in each instance, obtaining the prior written approval from Landlord as to the build-outsize, color and style of such sign and the proposed method of attachment. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled have the right to prompt reimbursement from Tenant for all costs incurredremove unauthorized signs at Tenant’s expense.
Appears in 3 contracts
Sources: Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp), Office Lease Agreement (Semper Paratus Acquisition Corp)
Alterations. Tenant 10.1. The Sublessee shall have the right to make no alterations, additions or improvements construct any cosmetic changes to the Premises 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 prior written 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 the consent of Landlord. Landlord's consent the Sublessor, which shall not be unreasonably delayed or withheld as long as following written notice by the proposed changes do not affect Sublessee. Any request for Sublessor's consent shall be accompanied by preliminary engineering or architectural plans or, if consented to by the structuralSublessor, electrical or mechanical components or systems working drawings. The consent of the Building 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 are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as subject to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the following covenants.
(1) All work and alterations shall perform the work be done in compliance with all applicable lawsgovernmental regulations, regulations codes, standards or other requirements, including fire, safety and ordinancesbuilding 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 Landlord construction related work.
(2) All alterations shall be entitled of such a character as not to a supervision fee in materially reduce the amount value and usefulness of five percent (5%) any of the cost Building or other improvements below their value and usefulness immediately before such alteration (unless Sublessee undertakes to remove such alterations and restore the Premises upon termination of the workLease). Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent All work performed hereunder shall be made performed in writing a good and workmanlike manner, shall conform to drawings and specifications approved by Sublessor and shall contain architectural plans describing 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 detail reasonably satisfactory 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 Landlord. Unless Landlord otherwise agrees be maintained the following insurance:
(i) The comprehensive general liability and automobile insurance provided for in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord Article 7 and shall be surrendered 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 Premises 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 back lit signs at the end 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 TermBuilding 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, except that Landlord maythe right of Sublessee to place or construct alterations in, by 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 Tenant given at 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 time of Landlord's consent same manner and to the extent required of PDA under Condition 10.16 of the Master Lease. In undertaking any alteration or improvement, require Tenant to remove by Sublessee shall comply with Condition 10.17 of the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage Master Lease to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part same extent required of the initial build-out pursuant to Exhibit X, if any, if Sublessor and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredPDA.
Appears in 3 contracts
Sources: Sublease (Aprisma Management Technologies Inc), Sublease (Cabletron Systems Inc), Sublease (Aprisma Management Technologies Inc)
Alterations. Tenant shall not make no any alterations, additions additions, or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as long as the proposed changes it desires provided that (a) such items do not affect overload or damage the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of same; (b) such items may be removed without injury to the Premises. Landlord may impose; and (c) the construction, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable erection or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance installation thereof complies with all applicable governmental laws, ordinances, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for with Landlord's consent shall be made in writing specifications and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlordrequirements. Unless Landlord otherwise agrees in writing, all All alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either 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 by Landlord before the earlier to occur of the date of termination of this Lease or vacating the Premises, at Tenant's request and which time Tenant shall restore the Premises to repair their original condition. Unless otherwise agreed in advance, any damage Tenant improvements to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as will become part of the initial buildPremises 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 expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be 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-out pursuant 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 Exhibit Xallow Landlord, if anyit so desires for its own protection, if to inspect such to-be-covered work. All alterations, installations, removals and only if restoration shall be performed in a good and workmanlike manner so as not to damage or alter the improvement is a non-building standard item and Tenant is notified primary structure or structural qualities of the requirement prior building comprising a part of the Premises and other improvements situated on the Premises. No alterations contemplated by Tenant to the build-out. Except as otherwise provided in this Lease building comprising a part of the Premises or Premises will in any Exhibit to this Lease, should Landlord make any alteration or improvement way be a condition to the Premises at occurrence of the request Commencement Date or commencement of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred’s rental payment obligations hereunder.
Appears in 3 contracts
Sources: 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. Tenant Landlord agrees to install at Landlord’s cost and expense, the improvements described in EXHIBIT C attached hereto (the “Improvements”), all of which shall make no alterations, additions or improvements to be and remain the Premises without the prior written consent property of Landlord. Landlord shall perform such work diligently in a good and workmanlike manner in substantial conformance with the plans and specifications attached as EXHIBIT C (including the drawings, schedules, specifications and AutoCAD Files referenced therein) or otherwise approved by Tenant, and in accordance with all applicable governmental laws, rules, regulations and other requirements. Landlord will apply for and obtain all permits, licenses and certificates necessary for installation of the Improvement described in EXHIBIT C. All other improvements, alterations, additions, partitions, fixtures, removals and restoration to the Leased Premises (the “Tenant’s Improvements”) shall be installed at the cost and expense of Tenant (which cost shall be payable on demand as Rent to Landlord's consent ), but only if such improvements, alterations, partitions, fixtures, removals and/or restorations are: (i) approved in advance by Landlord in writing, which approval shall not be unreasonably withheld withheld, conditioned or delayed; (ii) made in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord; (iii) performed in accordance with and in compliance with all governmental laws, ordinances, rules and regulations; (iv) made or performed only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld); and (v) performed in a good workmanlike manner and diligently prosecuted and so as long as not to damage the proposed changes structure or structural qualities of the Building. Notwithstanding the foregoing, Tenant shall have the right, upon prior written notice to Landlord but without Landlord’s consent, to make any Tenant’s Improvements to the Leased Premises which do not affect the structuralstructure and the mechanical, electrical or mechanical components or electrical, plumbing and life safety systems of the Building and are do not visible from exceed Twenty-Five Thousand and 00/100 Dollars ($25,000.00) in aggregate in any consecutive twelve (12) month period. All Tenant’s Improvements shall be and remain the exterior property of Tenant during the Term of this Lease, provided, however, that, unless Landlord otherwise elects as hereinafter provided, all said Tenant’s Improvements shall, upon the expiration or termination of this Lease, or the earlier vacation of the Leased Premises. , become and be deemed to be the property of Landlord and title thereto shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale without further act or deed on the part of Tenant and Tenant shall, at Landlord’s request, promptly execute and deliver such bills of sale or other documents or instruments as Landlord may imposedeem necessary or desirable to evidence the foregoing. Notwithstanding anything to the contrary contained in the foregoing, Tenant shall remove all Tenant’s Improvements (and any wiring and cabling or similar improvements installed by Tenant as a condition part of the initial Improvements or as part of the initial Tenant’s Improvements) and restore the Leased Premises to its consentcondition prior to the installation or construction thereof by the date of expiration of this Lease or in the event of the earlier vacation of the Leased Premises or termination of this Lease, unless, at the time of Landlord’s approval, or if Landlord’s approval is not required, at the time of original installation, Landlord agreed in writing that such removal was not required. Tenant shall, prior to any requirements that Landlord in its discretion may deem reasonable such construction or desirablework, 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’, laborers’, materialmen’s or other liens. Tenant hereby indemnifies and saves Landlord harmless from and against any and all loss, liability, damage, penalty, cost, expense or fee (including, without limitation, court costs and reasonable attorneys’ fees) incurred by or asserted against Landlord as a requirement result of the existence or threat of any lien against the Building, Leased Premises or Property. At Landlord’s request, Tenant will notify any contractors, subcontractors and materialmen performing work on, or supplying materials for, the Leased Premises that all Tenant is not acting as the agent of Landlord in connection with any such work be covered by a lien and completion bond satisfactory and/or shall post signs on the Leased Premises to Landlord and requirements as that effect. All risk of loss with respect to the manner, time, and contractor for performance of Tenant’s Improvements during the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord Term hereof shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request sole responsibility of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 2 contracts
Sources: Lease Agreement (Connecture Inc), Lease Agreement (Connecture Inc)
Alterations. Tenant shall make no alterationsadditions, additions changes, alterations or improvements ("Work") to the Premises or any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. LandlordAll Work shall be at Tenant's consent sole cost and shall not be unreasonably withheld as long as performed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the proposed changes do not affect the structural, electrical or mechanical components or systems of Premises and the Building and are not visible from the exterior of the Premises. shall be in accordance with plans and specifications approved by Landlord, and Landlord may imposerequire that all Work be performed under Landlord's supervision. In any case, as Tenant shall pay Landlord a condition reasonable fee to its consentcover Landlord's overhead or third-party costs in reviewing Tenant's plans and specifications and performing any supervision of Work. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or injury done to the Premises or the Building Complex by Tenant or by any requirements that Landlord persons who may be in its discretion may deem reasonable or desirableupon the Premises or the Building Complex with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building Complex caused by acts or omissions of Tenant or Tenant's officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to or supervises any Work by Tenant, the same shall not be deemed a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements warranty as to the manneradequacy of the design, timeworkmanship or quality of materials, and contractor Landlord hereby expressly disclaims any responsibility or liability for performance the same, except with respect to Landlord's intentional misconduct. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Work. All alterations, additions and improvements except Tenant's trade fixtures that do not become a part of the work. Without limiting Building shall remain in an be surrendered with the generality Premises as a part thereof at the expiration or sooner termination of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Buildingthis Lease. Tenant shall obtain all required permits for the work and shall perform the work in compliance comply with all applicable laws, codes and regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, connection with all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredWork.
Appears in 2 contracts
Sources: Office Lease Agreement (Edgar Online Inc), Office Lease Agreement (Edgar Online Inc)
Alterations. Tenant shall make no alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the Demised Premises or the Building, structural or otherwise, without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed. If any such Alterations are made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of such work. All Alterations shall be at Tenant's sole expense, shall comply with all laws, rules, orders and regulations of governmental authorities having jurisdiction thereof and shall be made at such times and in such manner as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective premises. All Alterations shall be made only by such contractors or mechanics as are approved in writing by Landlord's consent . Such approval shall not be unreasonably withheld as long as withheld, conditioned or delayed. Approval of contractors or mechanics by Landlord shall be based upon the proposed changes do not affect contractors or mechanics being properly licensed, their financial posture, experience, and past job performance. Tenant shall pay prevailing wages to all contractors and mechanics. All Alterations to the structuralDemised Premises, electrical whether made by Landlord or mechanical components Tenant, and whether at Landlord's or systems Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Upon expiration of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoingLease, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical have no obligation to remove, modify or electrical systems alter any of the Buildinginitial alterations described in Exhibit D attached. Tenant shall obtain all required permits for Landlord, at the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) expiration of the cost of the work. Under no circumstances shall Tenant make Term or any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory renewal or extension thereof, may elect to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterationspart of the Alterations (excluding Initial Alterations), decorations, fixtures, additions, improvements unless Landlord agrees in writing not to require the removal of an Alteration. Removal of Tenant's Property and the like installed either by Tenant or by Landlord Alteration shall be at Tenant's request cost and to expense and Tenant shall, at its cost and expense, repair any damage to the Demised Premises arising from that or the Building caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord at the expiration of the Term. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord on or before the expiration of the Term or any extension or renewal thereof, then and in such event, the Landlord may require remove Tenant's Property and Alteration from the Demised Premises at Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal together with any and all damages which the Landlord may suffer and sustain by reason of the failure of Tenant to remove an improvement provided the same. Landlord, at its own cost and expense, shall perform or provide the renovations to the Demised Premises as part more fully described on Exhibit D (the renovations therein described being referred to herein as the “Initial Alterations”). Landlord's architect shall perform all of the initial build-out pursuant architectural services required in connection with the construction of the Initial Alterations. Landlord shall require the use of building standard finishes for the Initial Alterations. Landlord shall be responsible for obtaining all necessary permits for occupancy. Landlord shall have no liability for any delay in delivering the Demised Premises due to Exhibit Xcontractor delay. Upon substantial completion of the Initial Alterations as reasonably determined by Landlord’s architect, if anythis Lease shall commence and Tenant shall have the right to occupy the Demised Premises. “Substantial Completion” of the Initial Alterations shall be the date reasonably determined by Landlord that the Initial Alterations has been performed, if and only if other than any details of construction, mechanical adjustment or any other matter, the improvement is a non-building standard item completion of which does not materially interfere with the ability of Tenant to commence beneficial use and Tenant is notified occupancy of the requirement prior to the build-outPremises. Except as otherwise provided Notwithstanding any provision in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at contrary, in the request event Landlord is delayed in the substantial completion of Tenantthe Initial Alterations by reason of any Tenant Caused Delay, Landlord then and in such event the Lease Commencement Date shall be entitled to prompt reimbursement from the date which Landlord’s architect reasonably determines that the Initial Alterations would have been substantially completed in the absence of the Tenant for all costs incurred.Caused Delay. For purposes hereof, a Tenant Caused Delay shall be defined as follows:
Appears in 2 contracts
Sources: Office Lease Agreement (Technest Holdings Inc), Office Lease Agreement (Technest Holdings Inc)
Alterations. Tenant a. IDC shall not make no any alterations, additions or improvements to the Sublease Premises (“Alterations”) without the prior written consent of University and Master Landlord. Landlord's The consent of University shall not be unreasonably withheld as long as withheld, conditioned or delayed. University has approved the proposed changes do not affect planned alterations described on Exhibit F subject to compliance with the structural, electrical or mechanical components or systems provisions of this Section 11; provided that IDC shall be responsible for removing and restoring the same prior to the end of the Building and are not visible from the exterior of the PremisesTerm, unless otherwise agreed to by Master Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord IDC shall be entitled to a supervision fee in responsible for procuring the amount consent of five percent Master Landlord at IDC’s expense (5%) of including, without limitation, the cost of the workplanned alterations described on Exhibit F). Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent All alterations, additions or improvements shall be made in writing strict conformity with, and shall contain architectural plans describing be subject to, the work in detail reasonably satisfactory applicable terms and conditions of the Master Lease.
b. University and Master Landlord shall at all reasonable times have the right to Landlord. Unless Landlord otherwise agrees in writing, inspect all alterations, additions or improvements affixed in the Sublease Premises (including without limitation any Alterations) and the construction thereof; provided that University and Master Landlord (to the Premises (excluding moveable trade fixtures and furnitureextent so required under the Master Lease) shall become the property of Landlord comply with all reasonable confidentiality, safety and health requirements imposed by IDC or its contractors and shall not unreasonably interfere with completion of such alterations, additions or improvements. IDC shall be surrendered responsible for one hundred percent (100%) of any Additional Rent under the Master Lease and any fees or costs that must be paid to Master Landlord in connection with all alterations, additions or improvements performed by or for IDC.
c. IDC shall not permit any liens to encumber the Sublease Premises. During the construction of any alterations, additions or improvements, IDC shall maintain worker’s compensation and such other insurance as is required under the Master Lease or by Master Landlord.
d. Notwithstanding any provision to the contrary, if Master Landlord requires that IDC remove any Alteration, then IDC shall be responsible, at IDC’s sole expense, for the removal of any such Alteration installed by IDC and for restoration of the Sublease Premises at the prior to end of the Sublease Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 2 contracts
Sources: Sublease Agreement (Immune Design Corp.), Sublease Agreement (Immune Design Corp.)
Alterations. Tenant shall make no alterations, additions or All improvements to the Premises without leased premises shall be installed at the prior written consent cost and expense of Tenant (which cost shall be payable on demand by Landlord as additional rent), but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord. Landlord's consent , and only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld as long as the proposed changes do not affect the structuralwithheld). In connection with any request for an approval of alterations by Tenant, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien retain the services of an architect and/or engineer and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, improvements and electrical contractors for all work affecting the mechanical or electrical systems of the Building. partitions erected by Tenant shall obtain all required permits for be and remain the work property of Tenant during the term of this Lease and shall perform Tenant shall, unless Landlord elects at the work in compliance with all applicable lawstime of approval or otherwise elects as hereinafter provided, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, remove all alterations, additions improvements and partitions erected by Tenant and restore the leased premises to its original condition by the date of termination of this Lease or upon earlier vacating of the leased premises; provided, however, that, if at such time Landlord so elects, such alterations, additions, improvements affixed to the Premises (excluding moveable trade fixtures and furniture) partitions shall become the property of Landlord and shall be surrendered with the Premises at the end as of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part termination of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or upon earlier vacating of the leased premises and title shall pass to Landlord under this Lease as by a b▇▇▇ of sale. All such removals and restoration shall be accomplished in any Exhibit a good workmanlike manner by contractors approved in writing by Landlord so as not to this Leasedamage the primary structure or structural qualities of the Building. All alterations, should Landlord make any alteration additions or improvement improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to the Premises at the request construction, provide such assurances to Landlord, including but not limited to, waivers of Tenantlien and surety company performance bonds, as Landlord shall be entitled require to prompt reimbursement assure payment of the costs thereof and to protect Landlord against any loss from Tenant for all costs incurredany mechanics', laborers', materialmen's or other liens.
Appears in 2 contracts
Sources: Lease Agreement (Entrade Inc), Lease Agreement (Entrade Inc)
Alterations. After initial completion of any work to be done by T▇▇▇▇▇ as provided in Article VI, Tenant shall make no alterations, additions not alter or improvements add to the Premises without the prior Premises, except in accordance with written consent of from Landlord. Landlord's consent shall , which Landlord agrees not be unreasonably withheld to withhold as long as the proposed changes do not affect the structural, electrical to alterations or mechanical components or systems of the Building and additions which (i) are not visible from the exterior of the Premises. Landlord may imposePremises and (ii) do not affect the structure or any mechanical, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable electrical or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems plumbing system of the Building. T▇▇▇▇▇'s work as described in Article VI and all other alterations made by Tenant shall obtain all required permits for the work and shall perform the work be made in compliance accordance with all applicable laws, regulations in a good and ordinancesfirst-class workmanlike manner and in accordance with the requirements of Landlord's insurers and T▇▇▇▇▇'s insurers. Without limitation, said T▇▇▇▇▇'s work as described in Article VI and Landlord all other alterations made by Tenant shall be entitled to a supervision fee performed in accordance with the amount provisions of five percent (5%) this Article IV and of Article VI. Any contractor or other person undertaking any alterations of the cost Premises on behalf of Tenant shall be covered by Commercial General Liability and Workmen's Compensation insurance with coverage limits acceptable to Landlord and evidence thereof shall be furnished to Landlord prior to the work. Under no circumstances shall Tenant make performance by such contractor or person of any improvement which incorporates asbestos-containing construction materials into work in respect of the Premises. Any request for Landlord's consent shall be made All work performed by T▇▇▇▇▇ in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises shall remain therein (excluding moveable trade fixtures and furnitureunless Landlord directs Tenant to remove the same on termination) shall become the property of Landlord and and, at termination, shall be surrendered with the Premises at the end of the Termas a part thereof, except that Landlord mayfor Tenant's usual trade furniture and equipment, by notice if movable, installed prior to Tenant given at or during the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord Lease Term at Tenant's request cost, which trade furniture and equipment Tenant may remove upon the termination of this Lease provided that Tenant is not then in default hereunder. Until such time as any such default is cured, Landlord shall have a security interest in such trade furniture and equipment. Tenant agrees to repair any and all damage to the Premises arising resulting from that removal. Landlord may require Tenant to remove an improvement provided as part such removal (including removal of the initial build-out pursuant to Exhibit XT▇▇▇▇▇'s improvements directed by L▇▇▇▇▇▇▇) or, if anyLandlord so elects, if and only if to pay Landlord for the improvement is a cost of any such repairs forthwith after billing therefor. Notwithstanding the foregoing, Tenant may, without Landlord’s prior consent or approval, make cosmetic alterations (i.e., any interior alterations that are non-building standard item structural and Tenant is notified of do not affect the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredBuilding systems) that do not exceed $10,000 per project.
Appears in 2 contracts
Sources: Office Lease (Paratek Pharmaceuticals, Inc.), Office Lease (Paratek Pharmaceuticals, Inc.)
Alterations. Tenant shall will not make no any alterations, additions installations, changes, ----------- replacements, additions, or improvements improvements, structural or otherwise, in or to the Premises Demised Premises, or any part thereof, without the prior written consent of Landlord. All alterations, installations, changes, replacements, additions, or improvements upon the Demised Premises whether with or without Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structuralwill, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. unless Landlord may imposeelects otherwise, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord Landlord, without cost to Landlord, and shall will remain upon and be surrendered with the Demised Premises at the end expiration of the TermLease, except that without disturbances, molestation or injury. In the event Landlord mayshall elect otherwise, then such alterations, installations, changes, replacements, additions to, or improvements upon the Demised Premises, will be removed by notice Tenant upon termination of this Lease or upon termination of any renewal period hereof and Tenant agrees to Tenant given and will restore Demised Premises to the original condition, which shall be defined as the condition and the design of the space at the time of Landlordacceptance of the space by Tenant, at Tenant's consent sole cost and expense, on or before the expiration of the term of this lease or any renewal thereof, and should Tenant fail to remove same, then in such event Landlord will cause same to be removed at Tenant's expense, and Tenant hereby agrees to reimburse Landlord for the alteration or improvementcost of such removal, require together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove by the Expiration Datesame. It is further agreed that Landlord shall have the right to enter leased area at any reasonable time with a minimum of inconvenience to Tenant for the purpose of completing, modifying, or sooner termination date maintaining space above, below or alongside of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredsubject space.
Appears in 2 contracts
Sources: Office Lease (Cais Internet Inc), Office Lease (Cais Internet Inc)
Alterations. Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building Any and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable and/or improvements, except trade fixtures and furniture) installed at the expense of the Lessee shall become the property of Landlord the Lessor and shall remain upon and shall be surrendered with the leased Premises at as a part thereof on the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any lease. Such alterations, decorations, fixtures, additions, and improvements may only be made with the prior written consent and approval of the like installed either Lessor. If consent is granted by Tenant 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 Landlord the Lessee without prior written permission of the Lessor. If such permission is granted, such work or installation shall be done at Tenantthe Lessee's request 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, Lessee shall remove or cause to be removed from the Premises arising roof any such cooling tower, equipment or structure if directed to do so by the Lessor. Lessee shall promptly repair, at its expense, any damages resulting from that such removal. Landlord may require Tenant to remove an improvement provided as part At the termination of this lease, Lessee shall deliver the initial build-out pursuant to Exhibit Xleased Premises in good and reasonable condition, if any, if and natural deterioration only if excepted. Any damage caused by the improvement is a non-building standard item and Tenant is notified installation of trade fixtures shall be repaired at the requirement Lessee's expense prior to the build-outexpiration of the lease term. Except as otherwise provided in this Lease or in any Exhibit to this LeaseAll alterations, should Landlord make any alteration or improvement to improvements, additions and repairs made by the Premises at the request of Tenant, Landlord Lessee shall be entitled to prompt reimbursement from Tenant for all costs incurredmade in good and workmanlike manner.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of Notwithstanding the foregoing, Tenant shall use have the right to install mechanical systems that are non-structural in nature for Tenant’s operations so long as Tenant obtains Landlord's designated ’s prior written approval of same and Tenant complies with all terms and conditions of this Paragraph 6. Additionally, Tenant shall remove such mechanical and electrical contractors for all work affecting systems at the mechanical expiration or electrical systems earlier termination of the BuildingLease and restore the Premises to their original condition if Landlord informs Tenant at any time during the term of the Lease of this requirement. Any alterations, additions or improvements performed by Tenant shall obtain be in accordance with all required permits for of the terms and conditions of this Paragraph 6. All work to be performed by Tenant under this Paragraph 6 shall be performed in accordance with plans and shall perform the work specifications approved in advance by Landlord and in compliance with all applicable lawscodes, regulations rules, regulations, ordinances and ordinances, laws by licensed contractors who are approved in advance by Landlord and who carry policies of workers’ compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be entitled designated as an additional insured on such certificates. Tenant shall furnish to a supervision fee Landlord written evidence of security to assure Landlord that all work performed pursuant to this Paragraph shall be free and clear of all mechanic’s liens or other liens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord Entities harmless from and against any and all costs (including attorneys’ fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the amount of five percent work performed in accordance with this Paragraph. Tenant, at its own cost and expense, may erect such shelves, bins machinery and trade fixtures as it desires provided that (5%a) such items do not alter the basic character of the cost Premises or the building and/or improvements of which the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into Premises arc a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all All alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either 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 by Landlord at Tenant's request and before the earlier to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part occur of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified date of the requirement prior to the build-out. Except as otherwise provided in termination of this Lease or in any Exhibit to this Leasevacating the Premises, should Landlord make any alteration or improvement to at which time Tenant shall restore the Premises at the request of Tenantto their original condition. All alterations, Landlord installations, removals and restoration shall be entitled performed in a good and workmanlike manner so as not to prompt reimbursement from Tenant for all costs incurreddamage or alter the primary structure or structural qualities of the Building and other improvements situated on the Premises or of which the Premises are a part.
Appears in 2 contracts
Sources: Lease Agreement, Commercial Lease Agreement (Power Solutions International, Inc.)
Alterations. Tenant shall will not make no any modifications, improvements, alterations, additions or improvements installations in or to the Premises that affect the Original Building's structural systems, the Expansion Building's structural systems, or the Core Building Systems, or that will cost more than $50,000.00 per building, without the Landlord's prior written consent, which consent will not be unreasonably withheld. Tenant will notify Landlord prior to making any modifications, improvements, alterations, additions or installations in or to the Premises (referred to in this section as the "work"), regardless of Landlord. whether Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord is required in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the connection with such work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance Along with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall and at least 15 days before commencement of any work or delivery of any materials to be made used in writing any work to the Premises, Tenant will furnish Landlord with plans and shall contain architectural specifications, estimated commencement and completion dates, the name and address of Tenant's general contractor, and the necessary permits and licenses. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any liens resulting from such work. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with such work. Tenant will pay the cost of all such work, and also the cost of painting, restoring or repairing the Premises occasioned by such work. Upon completion of the work, Tenant will furnish Landlord with contractor's affidavits that include full and final waivers of liens and receipts for all amounts due for labor and materials. In the case of any work that required Landlord's consent, Tenant will also provide Landlord with as-built plans describing and specifications of the Premises as altered by such work. All work will comply with all insurance requirements and all applicable Laws (including, without limitation, the ADA) and will be constructed in detail reasonably satisfactory a good and workmanlike manner, using materials of first-class quality and free and clear of all liens or claims therefor. Tenant will permit Landlord to inspect construction operations in connection with any such work. Landlord. Unless Landlord otherwise agrees in writing's approval of any plans for any modifications, all improvements, alterations, additions or improvements affixed to installations proposed by Tenant will not constitute a representation that the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall same will comply with Laws or be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of fit for any particular purpose; such approval will merely constitute Landlord's consent to construct or install the alteration or improvement, require Tenant to remove by same in the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredPremises.
Appears in 2 contracts
Sources: Build to Suit Net Lease (Alliance Data Systems Corp), Build to Suit Net Lease (Alliance Data Systems Corp)
Alterations. Tenant shall not make no any alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord's prior written consent. If Landlord gives its consent to alterations, additions Landlord may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or improvements termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics' liens which may result from construction by Tenant. Tenant shall not use any portion of the common areas in connection with an alteration without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 2 contracts
Sources: Lease Agreement (Helix Biomedix Inc), Lease Agreement (Helix Biomedix Inc)
Alterations. Tenant shall make no alterations, additions or improvements to the Premises (including, without limitation, roof and wall penetrations) or any part thereof without obtaining the prior written consent of Landlord. Landlord's Landlord in each instance, which consent shall not be unreasonably withheld as long as the proposed changes do not affect the structuralwithheld, electrical conditioned or mechanical components or systems of the Building and are not visible from the exterior of the Premisesdelayed. Landlord may impose, impose as a condition to its consentsuch consent such requirements as Landlord may reasonably deem necessary, any requirements that including, without limitation that: (a) Landlord be furnished with working drawings before work commences; (b) performance and labor and material payment bonds in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered form and amount and issued by a lien and completion bond company satisfactory to Landlord be furnished; (c) Landlord approve the contractor by whom the work is to be performed; (d) adequate course of construction and requirements general liability insurance be in place and Landlord be named as an additional insured under the contractor's liability and property insurance policies; and (e) Landlord's instructions relating to the mannermanner in which the work is to be performed and the times during which it is to be accomplished shall be complied with. Tenant shall pay to Landlord all costs incurred by Landlord for any architectural, timeengineering, supervisory or legal services in connection with any alterations, additions or improvements, including, without limitation, Landlord's review of the plans, specifications and budget for purposes of determining whether to consent. All such alterations, additions or improvements must be performed in a good and workmanlike manner in compliance with all laws, rules and regulations, including, without limitation, the Americans with Disabilities Act of 1990, and contractor for performance diligently prosecuted to completion. Tenant shall deliver to Landlord upon commencement of such work, a copy of the building permit with respect thereto, and a certificate of occupancy or other final inspection and approval from the applicable governmental authority having jurisdiction over the Premises and the Project, if applicable, immediately upon completion of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all All such work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled performed so as not to a supervision fee obstruct the access to the premises of any other tenant in the amount of five percent (5%) of the cost of the workBuilding or Project. Under no circumstances shall Should Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for alterations, additions or improvements without Landlord's consent prior written consent, or without satisfaction of any of the conditions established by Landlord in conjunction with granting such consent, Landlord shall have the right, in addition to and without limitation of any right or remedy Landlord may have under this Lease, at law or in equity, to require Tenant to remove all or some of the alterations, additions or improvements at Tenant's sole cost and restore the Premises to the same condition as existed prior to undertaking the alterations, additions or improvements, or if Tenant shall fail to do so, Landlord may cause such removal or restoration to be performed at Tenant's expense and the cost thereof shall be made in writing Additional Rent to be paid by Tenant immediately upon demand. Landlord shall have the right to require Tenant, at Tenant's expense, to remove any and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed and to restore the Premises (excluding moveable trade fixtures and furniture) shall become to its prior condition upon the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, expiration or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by . Tenant or by shall notify Landlord in writing at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement least ten (10) days prior to the buildcommencement of any such work in or about the Premises, and Landlord shall have the right at any time and from time to time to post and maintain notices of non-out. Except as otherwise provided responsibility in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to about the Premises at the request of Tenant, Landlord shall be entitled pursuant to prompt reimbursement from Tenant for all costs incurredapplicable laws. 8.
Appears in 2 contracts
Sources: Standard Industrial Lease Agreement, Standard Industrial Lease Agreement (Intest Corp)
Alterations. (a) Tenant shall make no alterations, additions or improvements in or to the Premises without the Landlord's prior written consent of Landlord. Landlord's consent, which consent shall not be unreasonably withheld or delayed, and then only by contractors or mechanics reasonably approved by Landlord, which approval shall not be unreasonably delayed. Tenant shall submit to Landlord plans and specifications for any proposed alterations, additions or improvements to the Premises, and may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall construct such alterations, additions or improvements in accordance with the plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent, which consent shall not be unreasonably withheld 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 consent or approval must be secured prior to the construction of such alteration, addition or 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 the proposed changes do such alteration does not affect the structural, electrical or mechanical components or systems structural integrity of the Building, does not adversely affect the Building systems and are is not visible from the exterior of the Premises. Landlord may impose; provided, as a condition however, all other provisions of this Subparagraph 14(a) shall be applicable to its consentany such alteration, any requirements that Landlord in its discretion may deem reasonable or desirableincluding, including but not limited to a requirement 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 any time during the Lease Term when Tenant is not in default hereunder, or 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 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. In such event, Tenant agrees to pay Landlord upon demand any and all work 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 covered by a lien in Landlord's possession. Landlord may, at its option, without notice, sell said effects, or any of the same, at private sale and completion bond satisfactory 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 requirements as upon the expense incident to the manner, time, removal and contractor for performance sale of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredsaid effects.
Appears in 2 contracts
Alterations. (1) Prior to making any Alterations, Tenant shall make (i) submit to Landlord detailed plans and specifications for approval by the Landlord (including layout, architectural, electrical, mechanical and structural drawings) and that comply with all Requirements for each proposed Alteration, and Tenant shall not commence any such Alteration without first obtaining Landlord's approval of such plans and specifications, (ii) at Tenant's expense, obtain all permits, approvals and certificates required by any Governmental Authorities, and (iii) furnish to Landlord duplicate original policies or certificates thereof for worker's compensation insurance (covering all persons to be employed by Tenant, and Tenant's contractors and subcontractors, in connection with such Alteration) and commercial general liability insurance (including premises operation, bodily injury, personal injury, death, independent contractors, products and completed operations, broad form contractual liability and broad form property damage coverages) in such form, with such companies, for such periods and in such amounts as Landlord may reasonably approve, naming Landlord and its agents and any Mortgagee, as additional insureds. Upon completion of such Alteration, Tenant, at Tenant's expense, shall obtain certificates of final approval of such Alterations required by any Governmental Authority and shall furnish Landlord with copies thereof, together with the "as-built" plans and specifications for such Alterations. All Alterations shall be made and performed in accordance with the plans and specifications therefor as approved by Landlord and otherwise in accordance with all Requirements. All materials and equipment to be incorporated in the Premises as a result of any Alterations shall be first quality and no alterationssuch materials or equipment shall be subject to any lien, additions encumbrance, chattel mortgage, title retention or improvements security agreement.
(2) Landlord reserves the right to disapprove any plans and specifications, in whole or in part, to reserve approval of items shown thereon pending its review and approval of other plans and specifications, and to condition its approval upon Tenant making revisions to the plans and specifications or supplying additional information. Tenant agrees that any review or approval by Landlord of any plans and/or specifications with respect to any Alteration is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant or any other Person with respect to the adequacy, correctness or sufficiency thereof or with respect to Requirements or otherwise.
(B) All Alterations shall become a part of the Premises and shall be Landlord's property from and after the installation thereof and may not be removed or changed without Landlord's prior written consent. Notwithstanding the foregoing, Landlord, upon notice given at least thirty (30) days prior to the Expiration Date or upon such shorter notice as is reasonable under the circumstances upon the earlier expiration of the Term, may require Tenant to remove any specified Alterations and to repair and restore in a good and workmanlike manner any damage to the Premises without the prior written consent of Landlordcaused by such removal all at Tenant's sole cost and expense. LandlordAll Tenant's consent Property shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become remain the property of Landlord and shall be surrendered with Tenant and, on or before the Premises at the Expiration Date or earlier end of the Term, except that Landlord may, by notice to Tenant given at may be removed from the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either Premises by Tenant or by Landlord at Tenant's request sole cost and to expense; provided, however, that Tenant shall repair and restore in a good and workmanlike manner any damage to the Premises arising from that caused by such removal. The provisions of this Section 6.1(B) shall survive the expiration or earlier termination of this Lease.
(1) Any and all Alterations shall be performed, at Tenant's sole cost and expense, by contractors, subcontractors or mechanics previously approved in writing by Landlord. Prior to making an Alteration, at Tenant's request, Landlord shall furnish Tenant with a list of contractors who may require perform Alterations to the Premises on behalf of Tenant.
(2) Notwithstanding the terms and conditions of Section 6.1(C)(1) hereof, with respect to any Alteration affecting any Building Systems, (i) Tenant shall only employ Landlord's designated contractor, and (ii) the Alteration shall, at Tenant's expense, be designed by Landlord's engineer.
(1) Any mechanic's lien filed against the Premises for work claimed to remove an improvement provided as part have been done for, or materials claimed to have been furnished to, Tenant shall be canceled or discharged by Tenant, at Tenant's expense, within twenty (20) days after such lien shall be filed, by payment or filing of the initial build-out pursuant bond required by law, and Tenant shall indemnify and hold Landlord harmless from and against any and all costs, expenses, claims, losses or damages resulting therefrom by reason thereof.
(2) If Tenant shall fail to Exhibit Xdischarge such mechanic's lien within the aforesaid period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due or by procuring the discharge of such lien by deposit in court or bonding, and in any such event, Landlord shall be entitled, if Landlord so elects, to compel the prosecution of an action for the foreclosure of such mechanics lien by the lienor and to pay the amount of the judgment, if any, if and only if the improvement is a non-building standard item and Tenant is notified in favor of the requirement prior to lienor, with interest, costs and allowances.
(3) Any amount paid by Landlord for any of the build-out. Except as otherwise provided aforesaid charges and for all expenses of Landlord (including, but not limited to, attorneys' fees and disbursements) incurred in this Lease defending any such action, discharging said lien or in any Exhibit procuring the discharge of said lien, with interest on all such amounts at the maximum legal rate of interest then chargeable to this LeaseTenant from the date of payment, should Landlord make any alteration or improvement to the Premises shall be repaid by Tenant within ten (10) days after written demand therefor, and all amounts so repayable, together with such interest, shall be considered Additional Rent.
SECTION 6.2. Landlord, at Tenant's expense, and upon the request of Tenant, shall join in any applications for any permits, approvals or certificates required to be obtained by Tenant in connection with any permitted Alteration (provided that the provisions of the applicable Requirements shall require that Landlord join in such application) and shall otherwise cooperate with Tenant in connection therewith; provided, however, that Landlord shall not be entitled obligated to prompt reimbursement from incur any cost or expense or liability in connection therewith.
SECTION 6.3. Tenant for shall furnish to Landlord copies of records of all costs incurredAlterations and of the cost thereof within fifteen (15) days after the completion of such Alterations.
SECTION 6.4. Tenant shall not, at any time prior to or during the Term, directly or indirectly, employ, or permit the employment of, any contractor, mechanic or laborer in the Premises, whether in connection with any Alteration or otherwise, if such employment would interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Premises by Landlord, Tenant or others, or of any other property owned by Landlord. In the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Premises immediately.
Appears in 2 contracts
Sources: Lease Agreement (Comfort Systems Usa Inc), Lease Agreement (Comfort Systems Usa Inc)
Alterations. Tenant (a) The parties acknowledge that Lessee will be making alterations and improvements prior to occupancy under the terms of this Lease, and Lessor approves of the architectural plans attached hereto. If Lessee, after due diligence, is unable to obtain a building permit to perform said alterations and improvements pursuant to said plan, or with reasonable modifications thereto, or after completion of the work, is unable to obtain a certificate of occupancy for reasons unrelated to the work performed pursuant to said plans, then Lessee may terminate this Lease. This right to terminate applies only to the initial alterations and improvements to the leased premises pursuant to the plans attached hereto.
(b) Lessee, by occupancy and possession hereunder, accepts the leased premises as being in good repair and condition. Lessee shall maintain the leased premises and every part thereof in good condition, damages by causes beyond the control of the Lessee, reasonable use, ordinary decay and wear and tear, fire and casualty and Lessor repair obligations excepted. Lessee shall not make no or suffer to be made any alterations, additions or improvements to or of the Premises leased premises or any part thereof without the prior written consent of Landlord. Landlord's Lessor, which consent the Lessor covenants and agrees shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems withheld. If Lessor fails to provide Lessee with notice of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all whether such alterations, additions or improvements affixed are approved within thirty (30) days of receipt by Lessor of a request for same, such inaction shall constitute approval by Lessor. In the event Lessor consents to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any proposed alterations, decorations, fixtures, additions, improvements or improvements, the same shall be at Lessee's sole cost and expense, and Lessee shall hold the like installed either Lessor harmless on account of the cost thereof. Any such alterations shall be made at such times in such manner as not to unreasonably interfere with the occupation, use and enjoyment of the remainder of the building by Tenant the other tenants thereof.
(c) If required by Lessor, any alterations shall be removed by Lessee upon the termination or by Landlord at Tenant's request sooner expiration of the term of this Lease and to Lessee shall repair any damage to the Premises arising from that premises caused by such removal, all at Lessee's cost and expense. Landlord may require Tenant to remove an improvement provided as part All alterations, additions and improvements shall comply with any and all regulations of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredregulatory agencies having jurisdiction thereof.
Appears in 2 contracts
Sources: Lease Agreement (Diagnostic Retrieval Systems Inc), Lease Agreement (Diagnostic Retrieval Systems Inc)
Alterations. A. Landlord's Consent and Conditions. Tenant shall not --------------------------------- make no alterations, additions any improvements or improvements alterations to the Premises (the "Work") without in ---- each instance submitting plans and specifications for the Work to Landlord and obtaining Landlord's prior written consent of Landlord. Landlord's consent shall consent, unless (a) the cost thereof is less than $20.000, (b) such Work does not be unreasonably withheld as long as impact the proposed changes do not affect the structural, electrical or mechanical base structural components or systems of the Building Building, (c) such Work will not impact any other tenant's premises, and are (d) such Work is not visible from the exterior of outside the Premises. However, even if Landlord's prior written consent is not required Tenant shall provide Landlord with prior written notice at least five (5) days in advance of commencing the Work so that Landlord may impose, as post and record a condition to its consent, any requirements that Landlord in its discretion may deem reasonable notice of nonresponsibility or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to other notices deemed appropriate before the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical commencement or electrical systems of the Buildingsuch Work. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for pay Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial buildactual out-out pursuant to Exhibit Xof-pocket costs incurred, if any, if for the review of all of the plans and only if all other items submitted by Tenant. Tenant shall pay for the improvement is cost of all Work, including the cost of any and all approvals, permits, fees and other charges which may be required as a non-condition of performing such Work. The following requirements shall apply to all Work:
(i) Prior to commencement, Tenant shall furnish to Landlord building permits, certificates of insurance satisfactory to Landlord, and for any Work costing in excess of $20.000, at Landlord's request, security for payment of all costs.
(ii) Tenant shall perform all Work so as to maintain peace and harmony among other contractors serving the Project and shall avoid interference with other work to be performed or services to be rendered in the Project.
(iii) The Work shall be performed in a good and workmanlike manner, meeting the standard item for construction and quality of materials in the Building, and shall comply with all insurance requirements and all applicable governmental laws, ordinances and regulations ("Governmental Requirements"). -------------------------
(iv) Tenant shall perform all Work so as to minimize or prevent disruption to other tenants, and Tenant shall comply with all reasonable requests of Landlord in response to complaints from other tenants.
(v) Tenant shall perform all Work in compliance with any reasonable "Policies, Rules and Procedures for Construction Projects" which may be in effect at the time the Work is notified performed so long as Tenant has received written notice of the requirement prior same at the time Landlord gives its consent to the buildWork.
(vi) Tenant shall permit Landlord to supervise all Work. Landlord may charge a supervisory fee not to exceed fifteen percent (15%) of labor, material, and all other costs of the Work, if Landlord's employees or contractors perform the Work.
(vii) Upon completion, Tenant shall furnish Landlord with contractor's affidavits and full and final statutory waivers of liens, as-out. Except as otherwise provided in this Lease or in any Exhibit to this Leasebuilt plans and specifications, should Landlord make any alteration or improvement and receipted bills covering all labor and materials, and all other close-out documentation related to the Premises Work, including any other information required under any "Policies, Rules and Procedures for Construction Projects" which may be in effect at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredsuch time.
Appears in 2 contracts
Sources: Lease (Wavesplitter Technologies Inc), Lease (Wavesplitter Technologies Inc)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the Landlord's prior written consent of Landlord. consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant may, at its sole expense, without Landlord's consent prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the Premises that will not cost more than $20,000 in any single instance and that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant shall provide detailed drawings to Landlord for review and approval, which approval shall not be unreasonably withheld as long as the proposed changes do not affect the structuralwithheld, electrical conditioned or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Buildingdelayed. Tenant shall obtain all required permits for the work perform any such alterations, additions and shall perform the work improvements in a good and workmanlike manner and in compliance with all applicable laws, regulations all building codes and ordinancesall requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and Landlord improvements and shall be entitled cause any mechanics' lien which attaches to a supervision fee Landlord's interest in the amount of five percent (5%) Premises to be released promptly after Tenant receives notice of the same without cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingSubject to Section 13 below, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) Tenant shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removalout of any such alterations, additions and improvements. Landlord may require Tenant to remove an improvement provided All such alterations, additions and improvements (other than Tenant's trade fixtures, modular furniture, equipment and personal property) shall become Landlord's property and shall remain at the Premises as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified expiration or earlier termination of the requirement prior Term, unless Tenant requests and Landlord agrees in writing otherwise at the time of their construction or installation. Notwithstanding any provision of this Lease to the build-out. Except as otherwise provided in contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to shall remain the property of Tenant and may be removed from the Premises by Tenant at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredany time.
Appears in 2 contracts
Sources: Lease (Autologic Information International Inc), Lease (Agfa Corp)
Alterations. Tenant shall make no alterationsnot, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent, which consent shall not be unreasonably withheld as long as the proposed changes do not affect the structuralwithheld, electrical of Landlord in each instance, make any alterations, improvements, or mechanical components or systems of the Building and are not visible from the exterior of 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, improvements, or additions. If Landlord consents to said alterations, improvements, or additions, it may imposeimpose such conditions with respect thereto as Landlord deems appropriate, as a condition to its consentincluding, any requirements that Landlord in its discretion without limitation, insurance against liabilities which may deem reasonable or desirablearise out of such work, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as revisions to the manner, time, plans and contractor specifications for performance of the such work and permits necessary for such work. Without limiting The work necessary to make any alterations, improvements, or additions to the generality of Premises shall be done at 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 shall use Landlord's designated mechanical may hire its own contractors to install mill work, telecommunications equipment and electrical contractors for all work affecting food service equipment in the mechanical or electrical systems of the BuildingPremises. Tenant shall obtain promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all required permits for the such work and shall perform the work in compliance with of all applicable laws, regulations and ordinances, and decorating required by reason thereof. Tenant will also pay to Landlord shall be entitled an amount equal to a supervision fee in the amount of five percent (5%) of the cost 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. Under no circumstances shall All work done by Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent or its contractors pursuant to Sections 6 or 11 hereof shall be made done in writing a first-class workmanlike manner using only good grades of materials and shall contain architectural plans describing 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 in detail reasonably satisfactory by Tenant or its contractors, Tenant shall furnish to LandlordLandlord "as built" drawings of such work. Unless Landlord otherwise agrees in writingthat Tenant shall not be required to remove any alteration, all alterations, additions improvement or improvements affixed addition made to the Premises (excluding moveable trade fixtures and furniture) shall become the property in compliance with this Section 6 unless Landlord has advised Tenant in writing prior to installation of Landlord and shall be surrendered with the Premises at the end of the Termsuch alteration, except improvement or addition that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant such installation is conditioned upon Tenant's agreement to remove by the Expiration Date, same upon expiration or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 2 contracts
Sources: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's , which consent shall not be unreasonably withheld as long as withheld, conditioned or delayed. Once Tenant submits a request to Landlord for approval in accordance with the proposed changes do not affect the structuralnotice requirements of this Lease, electrical or mechanical components or systems of the Building and Landlord shall notify Tenant in writing within ten (10) business days whether such request is acceptable and, if not, Landlord shall set forth in reasonable detail those items which are not visible from the exterior of the Premisesacceptable. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as Notwithstanding anything herein to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoingcontrary, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant may make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the interior walls, ceiling and carpeting within the Premises and non-structural alterations of less than $10,000 ) (excluding moveable trade fixtures collectively, “Permitted Alterations”) without the having first received the consent of Landlord. If Landlord consents to such alterations, additions or improvements and furniturewith respect to any Permitted Alterations, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (ill) copies of contracts, necessary permits and licenses and (iv) 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 become 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 property payment of said work and materials as Landlord may 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 and shall be surrendered subject to Landlord’s scheduling requirements and regulations. 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. All contractors and subcontractors must execute a Tenant’s Contractor and Subcontractor Agreement prior to beginning any work on the Premises. Before commencing any to the Building, including the Premises, occasioned by such alterations, additions and improvements 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 connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to supervise construction operations in connection with the Premises at foregoing work if Landlord requests to do so. Tenant shall pay the end cost of all such alterations, additions and improvements, as well as the Termcost of decorating and repairing any damage, except that Landlord mayincluding the cost of labor and materials, by notice contractors’ profits, overhead and general conditions, and a reasonable fee to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or . Upon completing any alterations, decorationsadditions or improvements, fixturesTenant shall furnish Landlord with contractors’ affidavits in form required by law, additionsand full and final waivers of lien 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 like installed either by Tenant or by Landlord at Tenant's request requirements of all state and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if federal statutes and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredregulations.
Appears in 2 contracts
Sources: Office Lease (ElectroCore, LLC), Office Lease (ElectroCore, LLC)
Alterations. Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building Any and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to and/or improvements, except trade fixtures, installed at the Premises (excluding moveable trade fixtures and furniture) expense of the Lessee shall become the property of Landlord the Lessor and shall remain upon and shall be surrendered with the leased Premises at as a part thereof on the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any lease. Such alterations, decorations, fixtures, additions, and improvements may only be made with the prior written consent and approval of the like installed either Lessor, which shall not be unreasonably withhold said consent. If consent is granted by Tenant 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 Landlord the Lessee without prior written permission of the Lessor. If such permission is granted, such work or installation shall be done at Tenantthe Lessee's request 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, Lessee shall remove or cause to be removed from the Premises arising roof any such cooling tower, equipment or structure if directed to do so by the Lessor. Lessee shall promptly repair, at its expense, any damages resulting from that such removal. Landlord may require Tenant to remove an improvement provided as part At the termination of this lease, Lessee shall deliver the initial build-out pursuant to Exhibit Xleased Premises in good order and condition, if any, if and natural deterioration only if excepted. Any damage caused by the improvement is a non-building standard item and Tenant is notified installation of trade fixtures shall be repaired at the requirement Lessee's expense prior to the build-outexpiration of the lease term. Except as otherwise provided in this Lease or in any Exhibit to this LeaseAll alterations, should Landlord make any alteration or improvement to improvements, additions and repairs made by the Premises at the request of Tenant, Landlord Lessee shall be entitled to prompt reimbursement from Tenant for all costs incurredmade in good and workmanlike manner.
Appears in 2 contracts
Sources: Triple Net Lease Agreement, Triple Net Lease Agreement
Alterations. 8.01 (A) Tenant shall make no decoration, alteration, addition or improvement in the Premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and time, and with such materials, as approved by Landlord. Subject to all of the other provisions of this Article 8, Landlord shall not unreasonably withhold its consent to the performance of work and improvements in the Premises by contractors employing union labor with the proper jurisdictional qualifications provided, however, that (i) all work affecting the Building’s “Class E” system shall be performed by Landlord’s designated contractor and all plan filings with the Department of Buildings shall be performed by Landlord’s designated expeditor and Landlord’s designated consulting engineer provided that the hourly rates and/or fees charged by any of the foregoing must be consistent with those found in Class “A” high-rise office buildings located in midtown Manhattan, and (ii) Landlord's previous experience with a contractor, and concerns regarding the financial stability of, and any criminal proceedings currently or previously pending against, a contractor or mechanic may form a basis upon which Landlord may withhold its consent. All alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien air-conditioning equipment and completion bond satisfactory to duct work, except movable office furniture and trade equipment installed at the expense of Tenant, shall, unless Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord elects otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord Landlord, and shall be surrendered with the Premises Premises, at the end expiration or sooner termination of the Termterm of this Lease. Any such alterations, except that additions and improvements which Landlord mayshall designate shall be removed by Tenant and any damage repaired, by notice at Tenant’s expense, prior to Tenant given the expiration of this Lease. Landlord shall make such designation at the time of Landlord's that consent to the alteration such alteration, addition or improvementimprovement is given provided that Tenant attaches, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant its request for such consent, a separate written notice specifically referencing this provision and advising Landlord that Landlord is required to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified make such designation as part of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should such consent given by Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredhereunder.
Appears in 1 contract
Alterations. Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or attachments hereto, Tenant shall not make, without the prior written consent of Landlord, which consent shall not be unreasonably or unduly withheld, any material alterations, additions or improvements to the Premises. Landlord's decision to refuse such consent shall be conclusive, and shall not, in any Exhibit event, be granted if Tenant is in default hereunder. If Landlord consents to this Leasesuch alterations, should additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Building, Tenant shall furnish to Landlord make for approval plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and instruments of indemnification against any alteration 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 reasonably satisfactory to Landlord. In addition, prior to commencement of any such work or improvement 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 require. All alterations, additions and improvements shall be installed in a good, workmanlike manner and only new, highgrade materials shall be used. All such work shall be done only by contractors or mechanics approved by Landlord and shall be subject to Landlord's scheduling requirements and regulations. 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. Before commencing any work in connection with such alterations, additions or improvements, Tenant shall furnish Landlord with certificates of insurance naming Landlord as an additional insured from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to supervise construction operations in connection with the foregoing work if Landlord requests to do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the cost of decorating and repairing any damage to the Premises at Building, including the request Premises, occasioned by such alterations, additions and improvements, including the cost of Tenantlabor and materials, contractors' profits, overhead and general conditions, and a fee to Landlord in the amount of ten percent (10%) of the cost of such alterations, additions and improvements. Upon completing any alterations, additions or improvements, Tenant shall be entitled to prompt reimbursement from Tenant for furnish Landlord with contractors' affidavits in form required by law, and full and final waivers of lien and receipted bills covering all costs incurredlabor 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
Sources: Office Lease (Picis Inc)
Alterations. Tenant Lessee shall not at any time make no any alteration, change, addition or improvement (hereinafter collectively called alterations, additions ) in or improvements to the Premises structural or exterior of the premises without the prior written consent of Landlord. Landlord's Lessor, which consent shall not be unreasonably withheld or delayed. Without Lessor's consent being required, Lessee may make such interior nonstructural alterations as long 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 proposed changes do not affect the structuralplans and 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 Lessee's sole expense, and shall not weaken or mechanical components impair the structural strength or systems lessen the value of the Building premises, and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord shall be conducted in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements such manner as to cause a minimum of interference with other construction in progress and with the mannertransaction of business in the Shopping Center. Lessee agrees to indemnify Lessor and hold Lessor harmless against any loss, time, liability or damage resulting from such work; not to be unreasonably withheld or delayed (and contractor for performance of deemed approved if not objected to by Lessor within fifteen (15) days after Lessor's receipt thereof);
(b) the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord alterations shall be entitled made according to a supervision fee plans and specifications therefor, which shall be first submitted to and where required, approved in writing by Lessor;
(c) before the commencement of work on any alterations, such plan and specifications shall be approved by all governmental authorities having jurisdiction and any public utility company having an interest in the alterations; and
(d) before the commencement of any alterations, lessee shall pay the amount of five percent (5%) of any increase in premiums on insurance policies for endorsement covering the cost of risk during work on the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlordworkmen's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit Xcompensation insurance, if any, if covering all persons employed in connection with that work. All alterations, improvements and only if the improvement is a non-building standard item fixtures (including, without limitation, all floor coverings and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Leaseall heating and air conditioning equipment but excluding lessee's unattached, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.readily movable furniture and office 140
Appears in 1 contract
Alterations. Tenant Lessee shall not make no any alterations, additions additions, decorations or other improvements to the Premises or install any fixtures or equipment thereto (collectively "Alterations"), without the Lessor's prior written consent of Landlordapproval. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed All Alterations to the Premises (excluding moveable 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 furnitureat 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 Landlord Lessor. In doing any work of installation, removal, alteration or relocation, Lessee shall not harm the premises or the Building and shall be surrendered with the Premises at the end of the Term, except repair all damage or injury that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage may occur to the Premises arising from that removalor to the Building in connection with such work. Landlord may require Tenant Lessee agrees in doing any such work in or about the Premises to remove an improvement provided engage only such labor as part 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 the initial build-out pursuant such work, carry worker's compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies satisfactory to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement Lessor prior to the build-out. Except as otherwise provided in this Lease or in commencement by Lessee of any Exhibit to this Leasework, should Landlord make any alteration or improvement to Lessee must obtain, at its sole cost and expense, all necessary permits, authorizations, licenses and other approvals required by the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredvarious authorities.
Appears in 1 contract
Alterations. Tenant shall not make no any major alterations, additions additions, or improvements to the Premises demised premises without the prior written consent of Landlord. Landlord's , which consent shall not be unreasonably withheld withheld. Tenant may without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, make such minor alterations, additions, or improvements, or erect, remove, or alter such partitions, or erect such shelves, bins, machinery, and trade fixtures as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion it may deem reasonable or desirableadvisable, including (including, but not limited to a requirement that all work be covered by a lien installation of freezers and completion bond satisfactory to Landlord and requirements as to refrigeration units) without altering the manner, timebasic character of the building or improvements, and contractor for performance of the work. Without limiting the generality of the foregoingin each case complying with all applicable governmental laws, Tenant shall use Landlord's designated mechanical ordinances, regulations, and electrical contractors for all work affecting the mechanical or electrical systems of the Buildingother requirements. Tenant shall obtain promptly pay the costs of all required permits for the work performed and shall perform indemnify and hold harmless the work Landlord against liens, costs, damages and expenses incurred in compliance with all applicable lawsconnection therewith; including any attorneys' fees incurred by Landlord, regulations and ordinances, and if Landlord shall be entitled to a supervision fee joined in the amount of five percent (5%) of the cost of the any action or proceeding involving such work. Under no circumstances shall Tenant make commence any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing such work until Landlord has been provided with certificates evidencing that all contractors and shall contain architectural plans describing subcontractors performing the work have in detail reasonably full force and effect adequate workmen's compensation insurance as required by the Laws of the State, as well as public liability and builders risk insurance in such amounts, and according to terms satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to At the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, Tenant shall, if Landlord so elects, remove all or any alterations, decorations, fixtures, additions, improvements improvements, and the like installed either partitions erected by Tenant and restore the premises to their original conditions, otherwise such improvements shall be delivered up to Landlord with the premises. All shelves, bins, machinery, and trade fixtures installed by Tenant may be removed if required by Landlord. All such removals and restorations; shall be accomplished in a good workmanlike manner so as not to damage the primary structure or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part structural qualities of the initial build-out pursuant to Exhibit X, if any, if building and only if other improvements situated on the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurreddemised premises.
Appears in 1 contract
Sources: Commercial Lease Agreement (Military Resale Group Inc)
Alterations. Tenant shall agrees that it will not make no any structural alterations, additions improvements, additions, repairs, or improvements changes to the interior or exterior of the Premises or non-structural changes to the exterior of the Building during the Term of this Lease without the in each instance obtaining Landlord's prior written consent, which consent may be withheld in the sole and absolute discretion of Landlord. Tenant agrees that it will not make any non-structural alterations, additions, repairs or changes to the interior of the Building, during the Term of this Lease, without in each instance obtaining Landlord's consent prior written consent, which shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premisesdelayed. Landlord may impose, as a condition to its Together with each request for consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical present to Landlord reasonably detailed plans and electrical contractors specifications for all work affecting the mechanical such proposed alterations, improvements, additions, repairs or electrical systems changes; provided, however, approval of the Building. such plans and specifications by Landlord shall not constitute any assumption of responsibility by Landlord for their accuracy or sufficiency, and Tenant shall obtain all required permits be solely responsible for such items. All alterations, improvements, additions, repairs or changes shall be done either by or under the work and shall perform direction of Landlord, but at the work in compliance with all applicable lawsexpense of Tenant; provided, regulations and ordinanceshowever, and Landlord shall be entitled only engage contractors which are competitively prices and reasonably available to a supervision fee in complete the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingproposed alterations, all alterationsimprovements, additions or improvements affixed changes. All alterations, improvements, additions, repairs or changes made by Tenant, shall, unless Landlord gives notice to Tenant to remove the same, remain upon the Premises (excluding moveable trade fixtures at the expiration or earlier termination of the Term of this Lease and furniture) shall become the property of Landlord and immediately upon installation thereof. The same shall be surrendered with remain the Premises at the end property of Landlord (without any obligation of Landlord to pay compensation therefor) unless Landlord gives Tenant written notice to remove any or all of the Termaforesaid, except that Landlord may, by notice to in which event Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to shall remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request expense such of the same as may be specified in Landlord's notice to Tenant, and to repair any damage Tenant shall promptly restore the Premises to the same good order and condition as it was at the commencement of the Term of this Lease except (i) to the extent the Premises arising is not required to be repaired and/or maintained by Tenant, and (ii) damage by fire or other casualty. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the cost and expense thereof from that removalTenant, as Additional Rent, within ten (10) business days of Landlord’s written demand therefor. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a consent shall not be required for non-building standard item structural alterations such as partitions, painting, decorating and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredalterations not exceeding Five Thousand Dollars ($5,000.00).
Appears in 1 contract
Sources: Lease Agreement (Vaccinogen Inc)
Alterations. Tenant shall make no not make, without the prior written consent of Landlord, which will not be unreasonably withheld, any alterations, additions or improvements to the Premises without the prior written consent of LandlordPremises. Landlord's ’s decision to refuse such consent shall not be unreasonably withheld as long as the proposed changes do not affect the structuralconclusive. If Landlord consents to such alterations, electrical additions or mechanical components or systems improvements, before commencement of the Building and are not visible from work or delivery of any materials onto the exterior of Premises or into the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoingBuilding, Tenant shall use furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (iii) copies of contracts, necessary permits and licenses and (iv) 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's designated mechanical and electrical contractors for all . In addition, prior to commencement of any such work affecting the mechanical or electrical systems delivery of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction 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 require. Any request for Landlord's consent All alterations, additions and improvements shall be’ installed in a good, workmanlike manner and only new, high-grade materials shall be made in writing used. All such work shall be done only by contractors or mechanics approved by Landlord and shall contain architectural plans describing the work in detail reasonably satisfactory be subject to Landlord’s scheduling requirements and regulations. Unless Tenant further agrees to hold Landlord otherwise agrees harmless from any and all liabilities of every kind and description which may arise out of or be connected in writing, all any way with said alterations, additions or improvements affixed improvements. All contractors and subcontractors must execute a Tenant’s Contractor and Subcontractor Agreement prior to beginning any work on the Premises. Before commencing any to the Premises (excluding moveable trade fixtures Building, including the Premises, occasioned by such alterations, additions and furniture) improvements work in connection with such alterations, additions or improvements, Tenant shall become the property 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 connected in any way with said alterations, additions or improvements. Tenant shall be surrendered permit Landlord to supervise construction operations in connection with the Premises at foregoing work if Landlord requests to do so. Tenant shall pay the end cost of all such alterations, additions and improvements, as well as the Termcost of decorating and repairing any damage, except that Landlord mayincluding the cost of labor and materials, by notice contractors’ profits, overhead and general conditions, and a reasonable fee to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or . Upon completing any alterations, decorationsadditions or improvements, fixturesTenant shall furnish Landlord with contractors’ affidavits in form required by law, additionsand full and final waivers of lien 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 like installed either by Tenant or by Landlord at Tenant's request requirements of all state and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if federal statutes and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredregulations.
Appears in 1 contract
Alterations. Tenant All alterations, replacements and improvements made upon the Property during the Lease, including lighting, electrical wiring, office partitions, all heating and air conditioning, shall make be done only with the prior express written consent of Lessor and shall become the sole and exclusive property of lessor upon the expiration of this Lease. However, all movable trade fixtures, machinery and equipment installed by Lessee shall remain the property of Lessee and be removed by Lessee, at its expense, at the expiration of the Lease, provided the Lease is not then in default. The Property shall be returned to Lessor by Lessee in the condition it existed as of the Effective Date, reasonable and ordinary wear and tear excepted. In the event Lessee fails to timely remove fixtures, machinery or equipment installed by it, as required under this Section 8, Lessor may at its option and at Lessee's expense demolish, remove and dispose of all such items or may retain it as the property of Lessor without reimbursement to Lessee. Lessee undertakes that no lien, privilege, or claim of any kind shall rest against the Property from any repairs, alterations, additions or improvements improvements, or from the construction of any building or buildings; and agrees to furnish, at its own cost, to Lessor, upon Lessor's request therefor, the bond of a responsible surety company, qualified to do business in the State of Louisiana, and reasonably acceptable to Lessor, conditioned to hold Lessor and the Property harmless against any such lien, privilege, or claim, said bond to be for an amount equal to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the estimated cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingsuch construction, all restoration, alterations, additions or improvements. No consent of Lessor for Lessee to make improvements affixed or repairs to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and Property premises shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice deemed to Tenant given at the time of Landlordpermit Lessor's consent interest to the alteration become subject to labor or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredmaterial liens.
Appears in 1 contract
Sources: Sub Lease (North American Gaming & Entertainment Corp)
Alterations. Tenant shall not make no any alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord's prior written consent. If Landlord gives its consent to such alterations, additions or improvements to Landlord may post notices in accordance with the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems laws of the Building and are not visible from the exterior State of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the PremisesWashington. Any request for Landlord's consent alterations made shall be made in writing remain on and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice to Tenant given of its election is given, whichever is later, provided that the "condition designated by Landlord" must be either the condition of the Premises at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part completion of the initial build-out pursuant Premises Improvements or such other condition as would require no greater restoration cost than would be required to Exhibit X, if any, if and only if restore the improvement is a non-building standard item and Tenant is notified Premises to the condition at the time of completion of the requirement prior initial Premises Improvements. Should Landlord consent in writing to Tenant's alteration of the build-outPremises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. Except as otherwise provided All such construction shall be performed in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises at and the request Project free and clear of all mechanics' liens which may result from construction by Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 1 contract
Sources: Lease Agreement (Sonosight Inc)
Alterations. (a) Tenant shall obtain Landlord's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed so long as the value or utility of the Premises in its current use is not diminished thereby, before making any change in the structure of the Improvements or any building system costing more than $100,000. Subject to the terms of the preceding sentence, Tenant may make no alterations, additions or improvements to the Premises costing less than $200,000 without the prior written consent of Landlord. Landlord's consent shall not only if (i) such alterations, additions or improvements will be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, codes, rules, regulations and ordinances, (ii) such alterations, additions or improvements will not reduce the fair market value or utility of the Premises in its current use, considered as unencumbered by this Lease, and Landlord (iii) such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. In all other cases, Landlord's prior written consent shall be entitled to a supervision fee in required which consent shall not be unreasonably withheld, conditioned, or delayed so long as the amount of five percent (5%) value or utility of the cost of the workPremises in its current use is not diminished thereby. Under In no circumstances event shall Tenant make any improvement which incorporates asbestos-containing construction materials into be permitted to install underground storage tanks or fuel systems on the Premises. Any request for .
(b) All alterations, additions or improvements including those required to be made by paragraph 23(c) below, requiring Landlord's consent shall be made at Tenant's sole cost and expense as follows:
(i) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s) approved in writing by Landlord, shall comply with all applicable codes, ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall contain architectural be otherwise satisfactory to Landlord in Landlord's reasonable discretion.
(ii) Landlord shall notify Tenant in writing within thirty (30) days whether Landlord approves, approves on condition that Tenant reverse the alteration at Tenant's expense at the termination or expiration of this Lease, or disapproves such plans describing and specifications. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval, which approval shall not be withheld or delayed if (a) the work to be done would not, in detail reasonably satisfactory Landlord's reasonable judgment, adversely affect the value, character, rentability or usefulness of the Premises or any part thereof, or (b) the work to be done shall be required by any Law (hereinafter defined). Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications.
(iii) All changes (other than field changes for which no change order is proposed and which will be reflected in the final "as built" plans) in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. Unless If Tenant wishes to make such change in approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord otherwise agrees for Landlord's written approval. Landlord shall notify Tenant in writingwriting promptly whether Landlord approves, approves on condition that Tenant reverse the alteration at Tenant's expense at the termination or expiration of this Lease, or disapproves such change. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord.
(iv) Tenant shall obtain and comply with all building permits and other government permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with the plans and specifications approved in writing by Landlord. Tenant shall pay, as Additional Rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions or improvements affixed improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expenses incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work.
(v) Tenant shall give written notice to Landlord of the date on which construction of any work to be done by outside contractors will be commenced at least ten (10) days prior to such date. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant.
(vi) All alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or to the Premises by Tenant, shall become part of the Premises and Landlord's property, except those which are readily removable with causing material damage to the Premises (excluding moveable trade fixtures which shall be and furniture) shall become remain the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration Tenant). Upon termination or improvement, require Tenant to remove by the Expiration Date, or sooner termination date expiration of this Lease, all or any alterationsTenant shall, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request expense, remove all movable furniture, equipment, trade fixtures, office machines and to repair any damage to other personal property (including Tenant's Trade Fixtures) from the Premises arising from that (but not the Improvements or Equipment) and repair all damage caused by such removal. Landlord may require Termination of this Lease shall not affect the obligations of Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior this paragraph 23(b) to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredperformed after such termination.
Appears in 1 contract
Sources: Lease Agreement (Egl Inc)
Alterations. Tenant shall not make no any alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord's prior written consent. If Landlord gives its consent to such alterations, additions or improvements to Landlord may post notices in accordance with the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems laws of the Building and state in which the premises are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premiseslocated. Any request for Landlord's consent alterations made shall be made in writing remain on and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice within 30 days before or 30 days after expiration of the term, elect to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove any alterations which Tenant may have made to the Premises. If Landlord so elects, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the Expiration Datelast day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics' liens which may result from construction by Tenant. If Landlord gives its consent, no such alterations will proceed without Landlord's prior written approval of ▇▇▇▇▇▇'s contractor, which shall be conditioned on proof of insurance by ▇▇▇▇▇▇'s contractor for public liability and automobile liability and property damage insurance with limits not less than $1,000,000/$250,000/$500,000 respectively endorsed to show Landlord as an additional insured and for worker's compensation as required and detailed plans and specifications for such work. Tenant will keep the Premises and Property free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, its agents or contractors. ▇▇▇▇▇▇ agrees that should any lien be posted on the property due to work performed, materials furnished, or sooner termination date obligations incurred by it, that it will immediately notify and proceed to remove such lien. Tenant further acknowledges that it will remain liable to Landlord and indemnify it for any costs or damages to Landlord or the property as a result of this Lease, all or any alterations, decorations, fixtures, additions, improvements such liens. Landlord has the right to post and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to keep posted in the Premises arising from and/or Property, any notices that removal. may be provided by law or which Landlord may require Tenant deem to remove an improvement provided as part be proper for the protection of the initial build-out pursuant to Exhibit XLandlord, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement and/or Property from Tenant for all costs incurredsuch liens.
Appears in 1 contract
Sources: Lease Agreement (Diversified Security Solutions Inc)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Landlord's , such consent shall not be unreasonably withheld withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as long as it may deem advisable, without altering the proposed changes do not affect the structural, electrical or mechanical components or systems basic character of the Building building or improvements and are not visible from without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All additional improvements and partitions erected by Tenant shall be and remain the exterior property of Tenant during the term of this Lease and Tenant shall remove all alterations, additional, improvements and partitions erected by Tenant and restore the Premises to their original condition, reasonable wear and tear excepted, by the date of termination of this Lease or upon earlier vacating of the Premises. Landlord may impose; provided, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien improvements and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use partitions erected at Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) expense shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be surrendered delivered upon to the Landlord with the Premises at the end of the TermPremises. All shelves, except that Landlord maybins, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements machinery and the like trade fixtures installed either by Tenant or may be removed by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or in upon earlier vacating of the Premises; upon any Exhibit to this Lease, should Landlord make any alteration or improvement to such removal Tenant shall restore the Premises at the request of Tenantto their original condition, Landlord reasonable wear and tear excepted. All such removals and restoration shall be entitled accomplished in a good workmanlike manner so as not to prompt reimbursement from Tenant for all costs incurreddamage the primary structure or structural qualities of the buildings and other improvements situated on the Premises.
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Alterations. (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make no any alterations, additions installations, changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises or any part thereof without the prior written consent of Landlord. Landlord's consent ; provided, however, that Landlord shall not be unreasonably withheld as long as withhold, condition or delay its consent to any of the proposed changes same which do not affect the structural, electrical mechanical, electrical, hydraulic, plumbing, heating, ventilating or mechanical components or air conditioning systems of serving either the Building and are not visible from the exterior of or the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord All Alterations in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) whether installed with or without Landlord's consent), shall become at the property election of Landlord remain in the Premises and shall be surrendered with the Premises at the end 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, except . Should Landlord elect that Landlord may, Alterations made by notice to Tenant given at in the time of Landlord's consent to the alteration Premises be removed upon expiration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request shall cause same to be removed and to repair any damage to caused thereby and restore the Premises arising from that removal. 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 require suffer and sustain by reason of the failure of Tenant to remove an improvement provided the same and to repair and restore as part set forth above. Tenant shall 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 pursuant out, shall be coordinated with any work being performed by Landlord. As further conditions to Exhibit XLandlord's approval of any proposed Alterations or additions by Tenant which are to be made by a contractor, if anyTenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, if builder's risk insurance and only if the improvement is a non-building standard item comprehensive public liability insurance with limits as approved by Landlord, and Tenant is notified 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 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 requirement prior Premises and shall not permit or suffer any lien to attach to the build-outPremises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. Except as Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to be released by payment, bond or otherwise provided in this Lease within thirty (30) days after request by Landlord. Tenant shall have no authority or in power, express or implied, to create or cause any Exhibit to this Leaselien, should Landlord make charge, or encumbrance of any alteration or improvement to kind against the Premises at or the request Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant, Landlord 's leasehold estate in the Premises and shall be entitled to prompt reimbursement from Tenant for all costs incurrednot encumber Landlord's interest in the Premises or the Building.
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Alterations. Tenant shall not make no any alterations, additions additions, improvements or improvements decorations to the Premises without the Landlord's prior written consent of Landlord. Landlord's consent, which consent shall not be unreasonably withheld withheld, conditioned or delayed as long to non-structural items and as the proposed changes to items which do not affect the structuralBuilding's HVAC, plumbing, mechanical or electrical systems, and Tenant shall, if requested by Landlord, furnish Landlord with plans and specifications, names and addresses of contractors, copies of contracts necessary permits and indemnification in form and amount satisfactory to Landlord and shall, prior to the commencement of any work, cause its contractors to file waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in connection with any such work. Tenant hereby agrees to indemnify and hold harmless Landlord, its agents and employees from any and all liabilities of every kind and description which may arise out of or mechanical components be connected in any way with any such work. Before commencing any such work, Tenant shall furnish Landlord with certificates of insurance from all contractors performing labor or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that furnishing materials insuring Landlord in its discretion such amounts as Landlord deems appropriate against any and all liabilities which may deem reasonable arise out of or desirablebe connected in any way with such work. Tenant shall pay the cost of all such work and also the cost of decorating the Premises occasioned by such work. Upon completing any such work, including Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All such work shall comply with all insurance requirements, with all of Landlord's Rules and Regulations, and with all laws, (including, but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord The Americans with Disabilities Act), ordinances, regulations and requirements as to of any governmental and quasi-governmental bodies or agencies having or claiming jurisdiction over the mannerPremises, timethe Building or the land upon which the Building is situated. If any such work results in a change in the heating, and contractor for performance of cooling or ventilating load in the work. Without limiting the generality of the foregoingPremises, Tenant shall use shall, at its expense but at the Landlord's designated mechanical and electrical contractors for all work affecting option, either modify the mechanical existing systems or electrical provide supplementary heating, ventilating and/or air conditioning systems of the Buildingor equipment necessary to accommodate such load change. Tenant shall obtain all required permits for perform or cause such work to be performed in a manner which will not interfere with or impair the work use and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount enjoyment of five percent (5%) any other portion of the cost of the workBuilding by Landlord and/or other tenants. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing All additions, alterations and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furnitureother than light fixtures) shall become the Landlord's property of and, unless Landlord directs Tenant to remove such items pursuant to Section 12 hereof, all such alterations and improvements shall be surrendered with remain upon the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration expiration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or termination of Tenant's right of possession of the Premises, without compensation, allowance or credit to Tenant. Tenant shall not permit any lien or claim for lien of any mechanic, laborer or supplier or any alterationsother lien to be filed against the Building, decorationsthe land upon which the Building is situated, fixturesthe Premises, additionsor any part thereof arising out of work performed, improvements or alleged to have been performed by, or under the direction of, or on behalf of Tenant. If any such lien or claim for lien is filed, Tenant immediately shall either have such lien or claim for lien released of record or shall deliver to Landlord a bond in form, content and amount satisfactory to Landlord and issued by a surety satisfactory to Landlord, indemnifying Landlord and anyone else designated by Landlord against all costs and liabilities resulting from such lien or claim for lien and the like installed either by foreclosure or attempted foreclosure thereof. If Tenant fails to have such lien or by Landlord at Tenant's request and claim for liens released within thirty (30) days or to repair any damage deliver such bond to Landlord, Landlord, without investigating the Premises arising from that removal. Landlord validity of such lien, may require Tenant to remove an improvement provided as part of pay or discharge the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item same and Tenant is notified of shall reimburse Landlord as additional rent upon demand for the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Leaseamount so paid by Landlord, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredincluding Landlord's expenses and attorneys' fees.
Appears in 1 contract
Sources: Lease Agreement (Sonic Foundry Inc)
Alterations. 8.1 Tenant shall make no alterationsnot, additions or improvements to the Premises without the prior written consent of Landlord, make any repairs, replacements, alterations, improvements, or additions to the Premises (collectively, "Alterations"). In the event Tenant desires to make any Alterations pursuant to this Article 8, or any repairs or replacements pursuant to Article 7 of this Lease, Tenant shall, prior to commencing any such work provide Landlord with all documentation and information that Landlord may reasonably request and obtain Landlord's consent shall not be unreasonably withheld as long as approval thereof. Such documentation and information may include without limitation: (i) Submitting to Landlord plans and specifications showing such work in reasonable detail; (ii) Furnishing Landlord with the proposed changes do not affect the structural, electrical or mechanical components or systems names and addresses of the Building all contractors and are not visible from the exterior copies of the Premises. all contracts with such contractors; (iii) Providing Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement with evidence that all work be covered by a lien necessary Governmental Approvals have been obtained and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, that Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work is in compliance with all applicable lawsLegal Requirements; (iv) Providing Landlord with certificates of insurance in forms and amounts satisfactory to Landlord naming Landlord as an additional insured; and (v) Complying with such other requests as Landlord may reasonably make in connection with such work. All such work shall, regulations and ordinancesat Landlord's election, be subject to supervision by Landlord, and Tenant shall promptly pay Landlord the reasonable cost of all such supervision.
8.2 Tenant hereby agrees to protect, defend, indemnify, and hold Landlord harmless from any and all liabilities of every kind and description that may arise out of or in connection with such Alterations. This indemnity obligation shall be entitled to a supervision fee in survive the amount of five percent (5%) expiration of the cost Term and the termination of the work. Under no circumstances this Lease.
8.3 Upon completing any such Alterations, Tenant shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and material expended and used.
8.4 All Alterations shall be made in writing comply with all insurance requirements and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingwith all applicable Legal Requirements, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered constructed in compliance with the plans, specifications and other documentation as approved by Landlord. All Alterations shall be constructed in a good and workmanlike manner and only new, good quality materials shall be used.
8.5 All Alterations, whether temporary or permanent in character, shall become Landlord's property and shall remain upon the Premises at the end termination or expiration of the Termthis Lease for any reason, except without compensation to Tenant (excepting only Tenant's movable trade fixtures); provided, however, that Landlord may, by notice shall have the right to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by such Alterations at Tenant's sole cost and expense in accordance with the Expiration Date, or sooner termination date provisions of Article 17 of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 1 contract
Sources: Lease for Office / Warehouse Building (Saving Energy Solar Inc.)
Alterations. (a) Tenant shall make no alterationsall additions, additions improvements and alterations on the Premises, and on and to the appurtenances and equipment thereof, required by any governmental authority or improvements which may be made necessary by the act or neglect of Tenant, its employees, agents or contractors, or any persons, firm or corporation claiming by, through or under Tenant. Tenant shall not make any alterations to the Premises (hereinafter "Alterations") without the Landlord's prior written consent, which consent Landlord may, in its discretion, withhold.
(b) As to any Alterations which Tenant is permitted to make, such work shall be performed with new materials, in a ▇▇▇▇▇▇▇-like manner, strictly in accordance with plans and specifications therefor first approved in writing by Landlord and in accordance with all applicable laws and ordinances. Tenant shall, prior to the commencement of such work, deliver to Landlord copies of all required permits, and builders risk (or installation floater) insurance coverage to the extent of the cost of the Alterations. At Landlord's option (exercised by notice in writing from Landlord to Tenant given within ten (10) days after Landlord receives Tenant's plans and specifications), such work shall be performed by employees or contractors approved by Landlord. Tenant shall permit Landlord to monitor construction operations in connection with such work, and to restrict, as may reasonably be required, the passage of manpower and materials, and the conducting of construction activity. Upon completion of any such work by or on behalf of Tenant, 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 substantial compliance with the provisions of this section, Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Premises to their condition immediately prior to the performance thereof. If Tenant fails so to remove such work and restore the Premises as aforesaid, Landlord may, at its option, and in addition to all other rights or remedies of Landlord under this Lease, at law or in equity, enter the Premises and perform said obligation of Tenant and Tenant shall reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefor by Landlord, plus interest at the lower of: (i) the sum of (a) 400 basis points plus (b) the "prime rate" of interest as from time to time publicly announced by Citibank, N.A., New York, New York, or its successor, or (ii) the highest rate allowed by law, per annum on a per diem basis from the date paid by Landlord until paid by Tenant. Such entry by Landlord shall not be deemed an eviction or disturbance of Tenant's consent use or possession of the Premises nor render Landlord liable in any manner to Tenant.
(c) All improvements and Alterations made to the Premises by Tenant shall, upon expiration or earlier termination of this Lease be deemed the property of Landlord and Tenant shall have no further right or claim to the title thereof.
(d) In the event Tenant desires to expand the Premises, Tenant shall notify Landlord which notice shall include the size, location and type of expansion. Thereafter, Landlord shall prepare plans and specifications for the expansion, to be approved and paid for by Tenant (the "Plans"). Upon approval of the Plans, Landlord shall estimate and submit the costs of the expansion for Tenant's approval, which shall not be unreasonably withheld as long as the proposed changes do not affect the structuraldenied, electrical delayed or mechanical components or systems conditioned. Upon approval, Landlord and Tenant shall enter into a new lease of the Building Premises as to be expanded which new lease shall provide that Landlord shall build the expansion and are not visible from the exterior rent shall be adjusted as follows; the new lease shall expire five (5) years after completion of the Premisesexpansion; during such five (5) year period the base rental shall be equal to the sum of (i) the base rental provided in Section 3 of this Lease, plus (ii) One Hundred Twenty-five Percent (125%) of the fair market rental value of the expanded portion of the Premises (determined at the time of execution of the new lease in the manner described in Section 4). The new Lease shall provide for one (1) five (5) year option at the fair market rental rate for the Premises as expanded. Any increase in costs due to change orders shall be amortized as provided above or paid upon completion of construction, at Landlord's option. In the event Tenant defaults hereunder prior to completion of the expansion but after construction thereof commences, Landlord may imposemay, as a condition at Landlord's sole option, elect to its consentcomplete the expansion or demolish the work to date. In the event Landlord elects to demolish the construction, any requirements that then Tenant shall pay to Landlord all of Landlord's damages in its discretion may deem reasonable or desirable, connection with the expansion including but not limited to a requirement that all work be covered by a lien the cost to prepare plans and completion bond satisfactory specifications, to Landlord bid and requirements as hire contractors, to cancel the mannerproject, time, to finance and contractor for performance of to demolish and remove the workincomplete expansion. Without limiting the generality of the foregoingAdditionally, Tenant shall use Landlord's designated mechanical and electrical contractors be liable for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided damages as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredSection 18 hereof.
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Alterations. Tenant (a) After the commencement of the Interim Term, Lessee may, at its expense, make additions to and alterations of the Improvements and construct additional Improvements, provided that (i) the fair market value of the Premises shall make not be lessened thereby, (ii) such work shall be expeditiously completed in a good and workmanlike manner and in compliance with all applicable Legal Requirements and the requirements of all insurance policies required to be maintained by Lessee hereunder and (iii) no alterations, additions or improvements Improvements shall be demolished and no structural alterations shall be made to the Premises without Improvements which, after the Bond Date, shall be deemed to mean only that the Building shall not be demolished unless Lessee shall have first furnished Lessor with such surety bonds or other security acceptable to Lessor as shall be necessary to assure rebuilding of such Improvements (which, after the Bond Date, shall be deemed to mean only the Building) and unless Lessor’s prior written consent of Landlord. Landlord's shall have been obtained, which consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems delayed. All such additions and alterations shall be and remain part of the Building realty and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord Lessor and shall be surrendered with subject to this Lease. Lessee may place upon the Premises any inventory, trade fixtures, removable tenant improvements, machinery or equipment belonging to Lessee or third parties and may remove the same at any time during the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date term of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to . Lessee shall repair any damage to the Premises arising from that caused by such removal. Landlord may require Tenant Lessor covenants and agrees that it (1) will not give any consent or approval under the Easement and Atrium Agreement of even date herewith between Lessor and United States Steel Corporation and (2) will not amend, modify or terminate said Easement and Atrium Agreement without in either case first obtaining the prior approval of Lessee.
(b) After the Bond Date, Lessor shall reasonably cooperate with Lessee (at no cost to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if Lessor) and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior sign any application to the build-out. Except governmental authority having jurisdiction necessary to permit Lessee to make any additions, alterations, substitutions and replacements as otherwise provided in this Lease or in any Exhibit to may be permitted by this Lease, should Landlord make provided that (i) Lessee shall certify to Lessor that such application is true and correct, (ii) Lessee shall indemnify Lessor against any alteration cost, loss, damage, liability or improvement expense (including reasonable attorneys’ fees and expenses) that Lessor may incur as a result thereof, and (iii) Lessor shall not be required to the Premises at the request provide any affidavits of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredofficers or employees of Lessor or legal opinions in connection therewith.
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Alterations. 7.1 Except as provided in Section 7.2, Tenant shall will not make no alterations, additions or improvements allow to be made to the Premises any alteration of any kind without the prior written consent of Landlord. LandlordAll of Tenant's consent approved work shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord done by duly licensed contractors in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance accordance with all applicable laws, regulations and codes, ordinances, rules and Landlord regulations, and Tenant shall obtain at its cost any required permits, licenses or inspections for performance of its work. If any mechanic's or materialman's lien at any time, whether before, during or after the Lease term, shall be entitled filed against any part of the building housing the Premises by reason of work, labor, services or materials performed for or furnished to a supervision fee Tenant, Tenant shall forthwith cause the lien to be discharged of record or bonded off to the satisfaction of Landlord. If Tenant shall fail to cause such lien to be discharged or bonded off within five (5) days after being notified of the filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may discharge the lien by paying the amount of five percent (5%) claimed to be due. The amount paid by Landlord, and all costs and expenses, including reasonable attorneys' fees incurred by Landlord in procuring the discharge of the cost lien, shall be due and payable by Tenant to Landlord as additional rent promptly, upon demand.
7.2 Subject to the terms and conditions herein contained, Tenant shall have the right, but shall not be obligated to, construct and install at its sole expense in accordance with generally accepted construction standards and architectural/engineering plans approved in advance by Landlord (which approval shall not constitute a warranty that the proposed improvements conform to laws or applicable building codes) the leasehold improvements and fixtures described on Exhibit C. Tenant shall be solely responsible for obtaining occupancy permits and other permits or licenses necessary for its lawful occupancy of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent sole construction obligation is to construct and install, in accordance with generally accepted construction standards, the walls, doors, flooring and such finished partitioning, electrical outlets and electrical fixtures as may be shown on Exhibit B. Tenant shall be made in writing keep the Premises and shall contain architectural plans describing the improvements thereon free and clear of all liens arising out of or claimed by reason of any work in detail reasonably satisfactory to performed, material furnished or obligations incurred by or at the instance of Tenant, and by its execution hereof Tenant hereby indemnifies and saves Landlord. Unless Landlord otherwise agrees in writing, the Premises and the Property harmless of all such liens or claims of lien and all attorneys' fees and other costs and expenses incurred by reason thereof.
7.3 All alterations, additions installations, including without limitation wall to wall carpet and drapery accessories, changes, replacements, repairs, additions, or improvements affixed to or within the Premises (excluding moveable trade fixtures and furniture) whether with or without Landlord's consent), shall become at the property election of Landlord remain upon the Premises and shall be surrendered with the Premises at the end expiration of this Lease without disturbance, molestation or injury. Should Landlord elect that alterations, installations, changes, replacements, repairs, additions to or improvements made by or for Tenant upon the TermPremises be removed upon termination of this Lease or upon termination of any renewal period hereof, except Tenant hereby agrees that Landlord may, by notice shall have the right to Tenant given at the time of Landlord's consent cause same to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord be removed at Tenant's request sole cost and expense. Tenant hereby agrees to repair any damage to reimburse Landlord for the Premises arising from that cost of such removal. Landlord may require Tenant to remove an improvement provided as part , together with the cost of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.repairing
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Alterations. Tenant shall not make no any alterations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord's consent , Landlord shall not be unreasonably withheld as long as required to notify Tenant of whether it consents to any Alterations until it (a) has received plans and specifications in a CAD disk format therefore which are sufficiently detailed to allow construction of the proposed changes do not work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the Alterations will affect the structuralBuilding’s structure, electrical HVAC system, or mechanical components mechanical, electrical, or systems of plumbing systems, then the Building plans and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work specifications therefore must be covered prepared by a lien and completion bond satisfactory licensed engineer reasonably acceptable to Landlord and requirements as provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the mannerplans or the work depicted thereon will comply with law or be adequate for any purpose, time, and contractor for but shall merely be Landlord’s consent to performance of the work. Without limiting the generality Upon completion of the foregoingany Alteration, Tenant shall use Landlord's designated mechanical deliver to Landlord accurate, reproducible as-built plans therefore in a CAD disk format.Tenant may erect shelves, bins, machinery and electrical contractors for all work affecting trade fixtures (collectively “Tenant Installations”) provided that such items (1) do not alter the mechanical or electrical systems basic character of the Premises or the Building; (2) do not overload or damage the same; and (3) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and improvements shall be Landlord’s property when installed in the Premises. Unless Landlord notifies Tenant to the contrary, all shelves, bins, communications cables, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease, or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All work performed by Tenant in the Premises (including that relating to the installations, repair replacement or removal of any item) shall be performed in accordance with all applicable governmental laws, ordinances, regulations, and with Landlord’s specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building’s structure or the Premises. Tenant shall obtain all required permits be responsible for compliance with 1) The Americans With Disabilities Act of 1990 as amended (hereafter “ADA”) and 2) the work and Texas Elimination of Architectural Barriers Act (hereafter TEAB”) or any successor statute to the ADA or TEAB. Tenant shall perform the work in also be responsible for compliance with all applicable laws, regulations and ordinances, and Landlord regulations with respect to tagging, installation and removal of communications cable in, above, appurtenant to, or associated with the Premises. At Landlord’s option, Tenant at its sole cost and expense shall remove all communications cable installed by it, or on its behalf, or utilized by it (even if installed by others) during Tenant’s occupancy of the Leased Premises. No communications cable installed or utilized by Tenant shall be entitled abandoned by Tenant after it ceases to a supervision occupy the Premises. The term “communications cable” includes wire, cable, fiber optic or any other physical method of electronic, electrical or optical transmission, of a) data, b) information, c) voice and other sound, d) pictures, motion picture, video or images, or e) other communication of any kind whatsoever including use as or for audio speaker, computer network, internet, intranet, electronic mail, fire, security and/or other emergency or alarm systems, optical fiber, communications circuits, radio, television, satellite, computer, coaxial, or network powered broadband whether within or outside the Premises. In connection with any such Alteration, Tenant shall pay to Landlord an administration fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredincurred for such work.
Appears in 1 contract
Sources: Lease Agreement (Tangoe Inc)
Alterations. Tenant Lessee shall make no alterations decorations, ----------- installations, additions or improvements in or to the Demised Premises, including, but not limited to, any air-conditioning or cooling system, unit or part thereof or other apparatus of like or other nature, without Lessor's prior written consent, which consent shall not be unreasonably withheld, and then only by contractors or mechanics approved by Lessor. If Lessor does not give its written consent within two (2) weeks of its receipt of a request therefor, which request is accompanied by the plans for such alterations and improvements, such consent will be deemed to have been given. If any such alterations, additions or improvements to the Premises are made without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its such consent, any requirements that Landlord in its discretion may deem reasonable the Lessor shall have the right to correct or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, timeremove them, and contractor the Lessee shall be liable for any and all expense incurred by the Lessor in the performance of the this work. Without limiting the generality of the foregoingAll such work, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable lawsalterations, regulations and ordinancesdecorations, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterationsinstallations, additions or improvements affixed to shall be done at Lessee's sole expense. All alterations, decorations, installations, additions or improvements upon the Premises (excluding moveable trade fixtures Demised Premises, made by either party, including all paneling, decorations, partitions, railings and furniture) the like, shall become the property of Landlord the Lessor, without payment therefor by the Lessor, and shall remain up and be surrendered with the Premises with, said Demised Premises, as a part thereof, at the end of the Termterm or any ?? or extension hereof, except that Landlord as the case may be. Nothing contained herein shall prohibit the Lessee from removing any and all trade fixtures and/or other items, the removal of which will not cause damage to the premises, provided the premises are restored to their former condition at Lessee's sole cost and expense. Any and all personal property placed or installed in the Demised Premises by the Lessee which shall continue to remain the property of the Lessee shall be removed from the Demised Premises upon the expiration of the term hereof. The Lessee shall not place a load upon any floor of the Demised Premises exceeding 125 pounds per square foot and the Lessor reserves the right to prescribe the weight and position of all safes and other heavy equipment installed or located in or upon the Demised Premises by the Lessee. The Lessee shall not permit any mechanics' or materialmen's liens to be filed against the Demised Premises or the land and building of which the Demised Premises form a party nor against the Lessee's leasehold interest in the Demised Premises. If any such liens are so filed, and not discharged by the Lessee within sixty (60) days thereafter, the Lessor, at its election, may-pay and satisfy the same and in such event the sum so paid by the Lessor, together with interest thereon at the rate of 12% per annum from the date of payment, shall be deemed to be additional rent, due and payable by the Lessee immediately, without notice or demand therefor. Any improvements undertaken by the Lessee shall be at the Lessee's sole cost and expense. All plans and specifications for such proposed improvements shall be submitted to Tenant given the Lessor for prior written approval at the time of Landlordthat Lessee requests Lessor's consent for such improvements. All such improvements shall be in conformance with any and all applicable building, safety, fire, planning, zoning, health, or any and all other required codes, ordinances, laws, rules and regulations. Lessee shall obtain any required permits at its cost. Lessee shall be responsible for any and all architectural, design, construction and related fees or expenses in connection with any such improvements to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date Demised Premises. A violation of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and provision shall be deemed to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part be a breach of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredand a covenant herein.
Appears in 1 contract
Sources: Lease Agreement (Liquid Audio Inc)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (a) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had five (5) business days to review them. If the alteration, addition or improvement will affect the Building's Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality Upon completion of the foregoingany alteration, addition, or improvement, Tenant shall use Landlord's designated mechanical deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and electrical contractors for all work affecting trade fixtures provided that such items (1) do not alter the mechanical or electrical systems basic character of the Building. Tenant shall obtain all required permits for Premises; (2) do not overload or damage the work same; and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall (3) may be entitled removed without damage to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made Unless Landlord specifies in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingotherwise, all alterations, additions or additions, and improvements affixed to shall be Landlord's property when installed in the Premises. All work performed by a Tenant Party in the Premises (excluding moveable trade fixtures and furnitureincluding that relating to the installations, repair, replacement, or removal of any item) shall become be performed in accordance with Law and with Landlord's specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the property of Landlord and Building's Structure or the Premises. Tenant shall be surrendered responsible for compliance with American With Disabilities Act of 1990 for the Premises at the end interior, non-structural portions of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of TenantPremises, Landlord shall be entitled responsible for compliance with the American With Disabilities Act of 1990 relative to prompt reimbursement from the Building's Structure, unless such compliance is required solely in connection with a Tenant for all costs incurredalteration of the Building, in which case such compliance shall be Tenant's responsibility.
Appears in 1 contract
Alterations. Tenant shall make no alterations, additions or improvements ("Alterations'', which term shall include Tenant's Work) to the Premises without the prior written consent of the Landlord, which consent Landlord shall not unreasonably withhold, condition or delay. All Alterations shall be made at Tenant's sole cost and expense (including the expense of complying with all Laws, including those regarding Hazardous Materials, if applicable, and the Americans With Disabilities Act of 1990, as heretofore amended and as amended from time to time (the "ADA") and Title 24 requirements), in a good and workmanlike manner, by a contractor reasonably approved by Landlord. Tenant, at Tenant's expense (or, at Landlord's election, Landlord at Tenant's expense) shall perform any work required to be performed in areas outside the Premises by reason of the Alterations. Tenant shall submit to Landlord, for Landlord's prior written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s) reasonably approved in writing by Landlord, shall comply with all applicable Laws, shall not adversely affect the Base Building Components, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the approval thereof, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. Tenant shall provide Landlord advance written notice of the licensed architect(s) and engineer(s) whom Tenant proposes to engage to prepare such plans and specifications. Landlord shall promptly notify Tenant in writing whether Landlord approves or disapproves such architect(s) and engineer(s). Landlord's approval or consent to any such work shall not be unreasonably withheld impose any liability upon Landlord, and no action taken by Landlord in connection with such approval, including, without limitation, attending construction meetings of Tenant's contractors, shall render Tenant the agent of Landlord for purposes of constructing any Alterations. Tenant shall pay Landlord on demand prior to or during the course of construction of any Alterations an amount (the "Supervision Fee") equal to three percent (3%) of the total cost of such Alteration (and for purposes of calculating the Supervision Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) as long compensation to Landlord for Landlord's review of the plans and specifications for such Alterations and general oversight of the construction. In addition, Tenant shall reimburse Landlord within thirty (30) days after Landlord's written demand for Landlord's reasonable out of pocket expenses in connection with any Alterations, such as additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the proposed changes do not affect work and the structuralplans and specifications with respect thereto, electrical or mechanical components or systems and for other miscellaneous out of pocket costs incurred by Landlord as result of the work. In addition, with respect to any Alterations expected to cost in excess of $200,000.00, Landlord, at its election, may require Tenant to obtain at Tenant's sole cost and expense a completion and lien indenmity bond, reasonably acceptable to Landlord for such Alterations. Any Alterations, including, without limitation, moveable partitions that are affixed to the Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Except as Landlord shall otherwise agree in writing as respects any particular Alterations, at Landlord's sole election any or all Alterations made for or by Tenant shall be removed by Tenant from the Premises at the expiration or sooner termination of this Lease and the Premises shall be restored by Tenant to their condition prior to the making of the Alterations, ordinary wear and tear and damage by casualty and condenmation excepted (provided that in the event of a casualty, Tenant shall assign to Landlord any insurance proceeds received by Tenant that are attributable to any Alterations that were constructed by Tenant utilizing Landlord's Allowance (or any other tenant improvement allowance provided by Landlord), to the extent such Alterations are not covered by Landlord's insurance); provided, however, that Tenant shall not be required to remove any Alterations that are of a type and quantity that would reasonably be installed by or for a typical tenant using space for general office purposes in a normal and customary manner; provided further, however, with respect to Alterations made hereunder, Landlord shall make such designation, if at all, concurrently with Landlord's approval (if applicable) of the subject Alteration or improvement or systems and equipment so long as Tenant's request for approval shall state in bold face letters on the first page of the request for Landlord's consent the following language: "CONCURRENTLY WITH LANDLORD'S APPROVAL (IF APPLICABLE) OF THE ALTERATIONS DESCRIBED HEREIN, LANDLORD MUST ELECT, SUBJECT TO THE TERMS OF THE LEASE, WHETHER SUCH ALTERATIONS SHALL BE REQUIRED TO BE REMOVED BY TENANT." Notwithstanding the foregoing, Tenant shall have the right, without Landlord's consent, to make any Alteration that meets all of the following criteria (a "Cosmetic Alteration"): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) at least ten (10) days prior to commencement of work with respect to such Alteration, Tenant provides Landlord with plans with respect thereto or, if the Alteration is of such a nature that formal plans will not be prepared for the work, Tenant provides Landlord with a reasonably specific written description of the work, (c) such Alteration does not affect the Base Building Components or any structural components of the Building, and such Alteration is not visible from the exterior of the Premises. Landlord may impose, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only new materials comparable in quality to those being replaced and is performed in a workmanlike manner and in accordance with all Laws, (e) the work does not involve opening the ceiling of the Premises, (t) the work does not involve any Hazardous Materials other than incidental quantities of the same in normal and customary construction materials, such as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, timepaint, and contractor for performance of (g) the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the total cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing Alteration, including architectural and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit Xengineering fees, if any, if does not exceed Seventy Five Thousand Dollars ($75,000.00) (excluding costs of painting and only if carpeting, which may be done without regard to such Seventy-Five Thousand Dollars ($75,000.00) cap). Tenant hereby acknowledges that notwithstanding anything contained herein to the contrary, Landlord is not and shall not be deemed to be a "participating owner" with respect to any Alterations (including, without limitation, Tenant's Work). Prior to commencement of any work at the Premises, Tenant shall obtain from all contractors, subcontractors, laborers, materialmen, and suppliers performing work in the Premises for Tenant a writing or writings duly executed by authorized representatives of such contractors, subcontractors, laborers, materialmen, or suppliers containing the following language or substantially identical provisions: "Contractor acknowledges and agrees that it is performing a work of improvement on a Tenant's leasehold interest and agrees to limit any right to impose a mechanic's or materiahnan's lien to Tenant's leasehold interest. Contractor further agrees that the work of improvement is not being performed at Landlord's insistence, is not being performed for the benefit of Landlord or Landlord's ownership (fee) interest, and that Landlord is not directing Contractor's work. Contractor further agrees that Landlord is not participating in the work of improvement or in Tenant's enterprise. Contractor further agrees that it will provide Landlord with written notice of commencement of work within three (3) business days following commencement, so that Landlord may timely post a nonNotice of Non-building standard item Responsibility. Contractor waives and Tenant is notified relinquishes the benefit of the requirement prior "participating owner" doctrine as stated in California law, and further waives and relinquishes any right it may otherwise have had to impose any mechanic's or materialman's lien on Landlord's ownership interest in the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredproperty."
Appears in 1 contract
Sources: Sublease (Aerohive Networks, Inc)
Alterations. Tenant shall not make no any alterations, additions additions, modifications or improvements to the Premises without the prior written consent of Landlord, which consent will not be unreasonably withheld, provided that such alterations, additions, modifications or improvements are not structural or involve building systems. Landlord's consent If Tenant desires to make any such alterations, etc., plans for same shall first be submitted to and approved by landlord, and same shall be done by Tenant, at its own expense, and Tenant agrees that all such work shall be done in a good and workmanlike manner (Landlord having the right to approve all contractors), that the structural integrity of the building shall not be unreasonably withheld as long as the proposed changes do not affect the structuralimpaired, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant no liens shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed attach to the Premises by reason therefor, and that Tenant will secure all necessary permits pertaining to the aforementioned alterations, etc. All alterations, additions, improvements and fixtures (excluding moveable trade fixtures other than Tenant's Personal Property, provided the same are installed at no cost or expense to Landlord) which may be made or installed by either party upon the Leased Premises shall be and furniture) shall become remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Lease Premises to its original condition, taking into account normal wear and tear, at tenant's sole cost and expense and Tenant shall pay the end entire cost of the Term, except that such removal to Landlord may, by notice to Tenant given at the time upon Tenant's receipt of Landlord's consent to the alteration or improvement, require written demand therefore. If Tenant fails to remove by such property and restores the Expiration DateLeased Premises as aforesaid, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements Landlord may do so and tenant shall pay the like installed either by Tenant or by entire cost thereof to Landlord at within 10 days after Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part receipt of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredLandlord's written demand therefore.
Appears in 1 contract
Alterations. (a) Tenant shall make no alterationsnot, additions or improvements to the Premises without the prior written consent of Landlord, make any alterations, improvements or additions to the Premises. If Landlord consents to any alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord's consent approval of plans and specifications for the work (but Tenant shall not be unreasonably withheld entitled to rely upon such approval as long evidencing that the plans and specifications are proper in any respect), use of Landlord's approved contractors to perform the work (it being agreed that W.E. Keiding is pre-approved by Landlord), insurance against liabilities which may arise out of such work, permits necessary for such work and as-built drawings upon completion of such work and the furnishing to Landlord of such security as is determined by Landlord to be appropriate for the proposed changes do not affect the structuralproper completion of such work and its completion free of mechanics', electrical materialmen's and similar liens or mechanical components claims thereof. All work done by Tenant or systems its contractors shall be done in a first-class workmanlike manner, using only good grades of materials and without disturbing other tenants and shall comply with all insurance requirements and all applicable laws or ordinances and rules and regulations of governmental departments or agencies. Before proceeding with any such work, Tenant shall reimburse Landlord for Landlord's costs of Landlord's architects' review of Tenant's plans and specifications. Any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are compatible with those of the workmen who may be employed in the Building by Landlord, its contractors or subcontractors, and are not visible from Landlord shall have the exterior right, at its option, to directly supervise the work, which supervision shall be for the protection of Landlord's interest only.
(b) If Tenant requests that Landlord, through its contractors, perform the work associated with any alteration, improvement or addition to the Premises. , and Landlord may imposeagrees, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablesole discretion, including but not limited to perform such work, Landlord shall provide Tenant with a requirement that all Tenant Work Order describing the work to be covered performed by a lien and completion bond satisfactory to Landlord and requirements as stating the total cost to Tenant for the manner, time, and contractor for performance of the work. Without limiting the generality Upon Tenant's acceptance of the foregoingTenant Work Order, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits total cost for the work stated therein shall become a sum required to be paid under this Lease and shall perform subject to the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount provisions of five percent subparagraph 8(a).
(5%c) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all All alterations, additions or improvements affixed made by Tenant and all fixtures attached to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and remain at the Premises or, at Landlord's option, any or all of the foregoing shall be surrendered with the Premises removed at the end cost of Tenant before the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, expiration or sooner termination date of this Lease, Lease and in such event Tenant shall repair all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removalcaused by the installations or removal thereof. Landlord may require Tenant shall not permit or suffer any signs advertisements or notices to remove an improvement provided as be displayed, inscribed upon or affixed on any part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified outside or inside of the requirement prior to the build-out. Except as otherwise provided in this Lease Premises, or in any Exhibit to this Leasethe Building, should except on the entrance doors of the Premises, and then only of such size, color and style as Landlord make any alteration or improvement to the Premises at the request of Tenant, may approve. Landlord shall be entitled have the right to prompt reimbursement from Tenant for all costs incurredremove unauthorized signs at Tenant's expense.
Appears in 1 contract
Alterations. Tenant shall make no alterations, decorations, additions or improvements (“Tenant Work”) in or to the Premises without the Landlord’s prior written consent consent, and then by contractors or materialmen approved by Landlord. Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with Landlord’s free access to mechanical installations or service facilities of the Premises or interfere with the moving of Landlord’s equipment to or from the enclosures containing said installations or facilities. Landlord's consent All Tenant Work shall not be unreasonably withheld done at such times and in such manner as long as Landlord may from time to time designate in a manner to avoid interference with other tenant’s business. Tenant covenants and agrees that all Tenant 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. Before commencing any Tenant Work, Tenant shall give Landlord at least five (5) days’ written notice of the proposed changes do not affect commencement of such Tenant Work and shall, if required by Landlord, secure at Tenant’s own cost and expense a completion and lien indemnity bond for such Tenant Work costing in excess of $100,000.00, satisfactory to Landlord, for such Tenant Work. Tenant further covenants and agrees that any mechanic’s lien filed against the structuralPremises for work claimed to have been done for, electrical or mechanical components materials claimed to have been furnished to, Tenant, will be discharged by Tenant, by bond or systems otherwise, within thirty (30) days after receipt of notification of the Building filing thereof, at the cost and are not visible from expense of Tenant. All alterations, decorations, additions or improvements upon the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablePremises made by either party, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without (without limiting the generality of the foregoing) all wall coverings, Tenant built-in cabinet work, paneling and the like, shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and (unless Landlord shall be entitled to a supervision fee in the amount of five percent (5%elects otherwise) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall remain upon, and be surrendered with with, the Premises Premises, as a part thereof, at the end of the Termterm hereof, except that Landlord may, by written notice to Tenant given at the time of Landlord's consent to the alteration or improvementTenant, require Tenant to remove all partitions, cabinet work, paneling, counters, railings and the like installed by Tenant, and Tenant shall repair or, at Landlord’s option, shall pay to the Expiration DateLandlord all costs arising from such removal. All personal property, office machinery and equipment, furniture and moveable partitions and other furnishings, fixtures, and equipment owned by Tenant or sooner installed by Tenant at its expense in the Premises (collectively, “Tenants FF&E”) shall be and remain the property of Tenant and may be removed by Tenant at any time during the Term so long as no Event of Default exists hereunder. Upon expiration or earlier termination date of this Lease, Tenant shall remove all Tenant’s FF&E from the Premises. At Landlord’s election, Tenant shall remove all data, telephone, and other cabling installed in the Premises or Building by Tenant. If Tenant shall fail to remove all Tenant’s FF&E from the Premises upon expiration or 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 expenses incurred in such removal and/or disposal thereof, 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; or Landlord may, at its option, sell or otherwise dispose of said effects, or any alterationsof the same, decorations, fixtures, additions, improvements in accordance with law for such price as Landlord may obtain and apply the like installed either by proceeds of such sale upon any amounts due under this Lease from Tenant or by to Landlord at Tenant's request and to repair any damage upon the expenses incident to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part removal and sale of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredsaid effects.
Appears in 1 contract
Sources: Office Lease Agreement (Hercules Technology Growth Capital Inc)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises (“Work”) without the prior written consent of Landlord. Landlord's , which consent shall not be unreasonably withheld or delayed in the case of non-structural interior Work which does not affect building systems. Landlord shall not be required to notify Tenant of whether it consents to any Work until it (a) has received plans and specifications in a CAD disk format therefor which are sufficiently detailed to allow construction of the Work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the Work will affect the Building’s structure, HVAC system, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord and provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the plans or the Work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the Work. Upon completion of any approved Work, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant, at its own cost and expense, may without Landlord’s written consent erect such shelves, partitions, and trade fixtures as long as the proposed changes it desires, provided that (a) such items do not affect alter the structuralbasic character of the Premises or the Building; (b) such items do not overload or damage same; (c) such items may be removed without injury to the Premises; and (d) the construction, electrical erection or mechanical components installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. Without implying any consent of Landlord thereto, all Work and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. All Work, shelves, partitions and trade fixtures installed by Tenant shall, at Landlord’s option, be removed on or systems before the earlier to occur of the date of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to substantially their original condition, normal wear and tear excepted. All Work and any removals and restorations shall be performed free of liens, in a good and workmanlike manner, in accordance with all applicable governmental laws, ordinances, regulations, and Landlord’s specifications and requirements, and so as not to damage or alter the primary structure or structural qualities of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or other improvements affixed to situated on the Premises (excluding moveable trade fixtures and furniture) shall become the property or of Landlord and shall be surrendered with which the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is are a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredpart.
Appears in 1 contract
Alterations. Tenant shall Subtenant may make no alterations, additions or improvements to the Premises without Subleased Premises(the “Alterations”), only with the prior written consent of Tenant and, to the extent required by the Master Lease, Landlord. Landlord's 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 unreasonably withheld as long as required for Subtenant’s installation of those items except to the proposed changes do not affect extent Tenant must obtain the structural, electrical or mechanical components or systems consent of Landlord under the Building and are not visible from the exterior of the PremisesMaster Lease for such installations. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that Subtenant shall perform all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to within the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work Subleased Premises at Subtenant’s expense in compliance with all applicable lawslaws and shall complete all Alterations in accordance with plans and specifications approved by Tenant, regulations and ordinancesusing contractors approved by Tenant, and Landlord in a manner so as to not unreasonably interfere with other tenants. Subtenant shall be entitled pay when due, all claims for labor or materials furnished to a supervision fee or for Subtenant at or for use in the amount of five percent (5%) of Subleased Premises, which claims are or may be secured by any mechanics’ or materialmens’ liens against the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions Subleased Premises or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all Property or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-outinterest therein. Except as otherwise provided in this Lease or the Work Letter attached as Exhibit 4 with respect to Subtenant’s Work, Subtenant shall remove all Alterations at the end of the Sublease term 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 it shall become Tenant’s property. Subtenant shall immediately repair any Exhibit to this Lease, should Landlord make any alteration or improvement damage to the Subleased Premises at or adjacent portions of the request Master Premises, Building and Property caused by installation and/or removal of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredimprovements performed as part of Subtenant’s Work and/or Alterations.
Appears in 1 contract
Sources: Sublease Agreement
Alterations. Tenant Tenants shall not make no any alterations, additions or ----------- improvements to the Premises without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (a) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the Premises Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality Upon completion of the foregoingany alteration, addition, or improvement, Tenant shall use Landlord's designated mechanical deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and electrical contractors for all work affecting trade fixtures provided that such items (1) do not alter the mechanical or electrical systems basic character of the Building. Tenant shall obtain all required permits for Premises; (2) do not overload or damage the work same; and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall (3) may be entitled removed without damage to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made Unless Landlord specifies in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingotherwise, all alterations, additions or additions, and improvements affixed to shall be Landlord's property when installed in the Premises. All work performed by a Tenant Party in the Premises (excluding moveable trade fixtures and furnitureincluding that relating to the installations, repair, replacement, or removal of any item) shall become the property of Landlord be performed in accordance with Law and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the alteration Building's Structure or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredPremises.
Appears in 1 contract
Alterations. Tenant shall not make no alterations, additions or improvements any alterations to the Premises other than Tenant Refurbishment and Tenant Improvement Work (both in accordance with Exhibit F), or to the Project, including any changes to the existing landscaping, without the Landlord’s prior written consent of Landlord. Landlord's consent consent, which shall not be unreasonably withheld as long as withheld, delayed or conditioned for alterations not affecting structural elements or materially altering Building systems. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the proposed changes do not affect the structural, electrical or mechanical components or systems laws of the Building and state in which the premises are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premiseslocated. Any request for Landlord's consent alterations made shall be made in writing remain on and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice on or before expiration of the term, elect to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by any alterations which Tenant may have made to the Expiration DatePremises. At the time Tenant submits plans for alterations to Landlord for Landlord’s approval, or sooner Tenant may request that Landlord elect whether such alterations shall be removed at the termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenantso requested, Landlord shall make such election simultaneous with its approval of the alterations. If Landlord elects to require removal of the alterations, then at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a contractor reasonably approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All work performed shall be entitled to prompt reimbursement from done in workmanlike manner and with material (when not specifically described in the plans and specifications) of the quality and appearance customary in the trade for first-class construction of the type in which the Premises are located. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant for shall pay all costs incurredfor such construction and shall keep the Premises and the Project free and clear of all mechanics’ liens which may result from construction by Tenant. If requested by Landlord, Tenant shall post a bond or other security reasonably satisfactory to Landlord to protect against liens. Tenant will pay directly or reimburse Landlord for any reasonable cost incurred by Landlord in reviewing plans and/or monitoring construction.
Appears in 1 contract
Alterations. 11.1 Tenant shall not paint the Premises or make no any alterations, additions additions, or other 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 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 windows or upon the exterior of the Building without the prior written consent of Landlord. If any such alterations or additions are made by Tenant without Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural’s consent, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may imposecorrect 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. All alterations and additions to the Premises shall be performed by Landlord, as a condition to its or Landlord’s contractor, unless Landlord shall otherwise agree in writing. If any alterations or additions are not, with Landlord’s consent, any requirements that performed by Landlord in or its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoingcontractor, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems nevertheless pay Landlord a fee of ten percent (10%) of the Building. Tenant shall obtain all required permits for total cost of the work and shall perform the work in compliance with all applicable lawsto be performed, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of payable five percent (5%) prior to the beginning of the cost work and the remaining five percent (5%) upon completion of the work. Under no circumstances Such fee is to compensate Landlord for coordinating Tenant’s contractor’s use of the Project’s systems and for access to the electrical, mechanical and telephone closets, as necessary. As a further condition of Landlord’s consent to the use of Tenant as contractor, Tenant or Tenant’s contractor 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 Two Million Dollars ($2,000,000.00) 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 Premises shall at all times be a complete unit except during the period necessarily required for such work. Tenant make any improvement which incorporates asbestos-containing construction materials into shall not permit a mechanic’s lien(s) to be placed upon the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing , the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions Building or the Project as a result of any alterations or improvements affixed made by it and agrees, if any such lien be filed on account of the acts of Tenant, promptly to pay the Premises same. If Tenant fails to discharge such lien within ten (excluding moveable trade fixtures 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 furniture) 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 become it be deemed the property agent of Landlord and no contractor of Tenant shall by virtue of its contract be surrendered with entitled to assert any lien against the Premises at the end Premises, Building or Project. All alterations or additions shall become a part of the Termrealty and surrendered to Landlord upon the expiration or termination of this Lease, except that unless Landlord may, by notice to Tenant given shall at the time of Landlord's consent to its approval of such work require removal or restoration on the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is Tenant as a non-building standard item and Tenant is notified condition of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredsuch approval.
Appears in 1 contract
Alterations. Tenant shall not, without the prior written consent of Landlord in each instance, make no any alterations, additions or improvements to the Premises without the prior written or Exterior Area (collectively, “Alterations”). For avoidance of doubt, ▇▇▇▇▇▇’s Work does not constitute an Alteration. ▇▇▇▇▇▇▇▇’s consent of Landlord. Landlord's consent hereunder shall not be unreasonably withheld as withheld, conditioned or delayed so long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all such alterations, additions or improvements affixed do not materially or adversely affect the Building structure or systems. If Landlord reasonably disapproves of any proposed Alterations, Landlord shall respond, in
(1) EV charging stations (to be used exclusively by Tenant) (the “EV Chargers”); (2) an employee break area; and/or (3) above ground storage tank facilities having up to 5,000 gallons of capacity for storage of ethyl alcohol (“Storage Tanks”). The Contemplated Alterations, excluding the Storage Tanks are approved by Landlord pursuant to this Lease, subject to Landlord’s review and approval of plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed. The installation of the Storage Tanks is approved by Landlord, subject to the Premises conditions provided in this paragraph. Notwithstanding anything to the contrary in this Lease, in connection with any request for Landlord to approve Tenant’s installation of the Storage Tanks, Tenant hereby agrees that, in addition to the obligations set forth in this Article 12,concurrently with the plans and specifications for the Storage Tanks, Tenant shall provide Landlord with Tenant’s containment, response and management plans for the Storage Tanks in the event of potential spills (excluding moveable trade fixtures and furniture) shall become the property including any SPCC plan, if applicable), all of Landlord and which shall be surrendered subject to Landlord’s review and approval, not to be unreasonably withheld, delayed or conditioned. ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ confirms that it has received approval of Landlord’s mortgagee to the installation of the Storage Tanks in accordance with this paragraph, subject to mortgagee’s review and approval of plans and specifications. With respect to the Premises Contemplated Alterations, the parties hereby acknowledge and agree that: (A) Tenant shall construct, install, maintain, repair, replace and operate the Contemplated Alterations at Tenant’s sole cost and expense (subject to application of available Allowance, if the end Contemplated Alterations are installed as part of Tenant’s Work); and (B) upon the expiration or earlier termination of the Term, except that Landlord may, by notice to Tenant given shall (at its sole cost and expense) remove the time of Landlord's consent Storage Tanks (unless ▇▇▇▇▇▇▇▇ agrees otherwise in writing) and restore the Exterior Area to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from condition that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement existed prior to the build-outEarly Entry Date). Except as otherwise provided in this Lease or in any Exhibit to this LeaseFor the avoidance of doubt, should Landlord make any alteration or improvement subject to the Premises at the request of terms and conditions set forth in Section 8.1, Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 1 contract
Sources: Single Tenant Industrial Building Lease (Hims & Hers Health, Inc.)
Alterations. Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not adversely affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablerequirements, including but not limited to (i) a requirement that all any work anticipated to cost in excess of $175,000.00 be covered by a lien and completion bond satisfactory to Landlord and (ii) requirements as to the manner, time, and contractor 13 for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and . Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work if Landlord or its management agent for the Project is actively involved in the supervision of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require However, Tenant shall be required to remove fund the cost of removing an improvement provided shown in the "Plan" (as part of the initial build-out pursuant to defined in Exhibit X, if any, if and X hereto) only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. extent so specifically provided in Exhibit X. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs reasonably incurred.
Appears in 1 contract
Alterations. 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 any installations, alterations, additions additions, or improvements 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 the first submitting detailed plans and specifications to Landlord and securing Landlord's prior written consent consent, which may be withheld or conditioned in the sole and absolute discretion of Landlord. All such work shall be performed by employees of or contractors employed by Landlord or, with Landlord's written consent given prior to the letting of the contracts, by contractors employed by Tenant. In each case, the work shall not be unreasonably withheld as long 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 proposed changes do not affect the structuralcase may be, electrical or mechanical components or systems when due, all costs of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, timesuch work, and contractor for performance upon completion of the work. Without limiting the generality of the foregoing, if payment is made directly to Tenant's contractors, Tenant shall use Landlord's designated mechanical deliver to Landlord evidence of full payment, sworn contractors' statements and electrical contractors affidavits, and full and final waivers of all liens for all labor, services and materials furnished. All work affecting done by Tenant and its contractors shall be done in strict accordance with the mechanical or electrical systems of the Building. Tenant shall obtain approved plans and specifications and all required permits for the work requirements and shall perform the work conditions imposed by Landlord, in a first class, ▇▇▇▇▇▇▇-like manner using new, top quality materials, and in compliance with all applicable insurance requirements and all laws, regulations and ordinances, rules and regulations of all governmental bodies. If Landlord supervises Tenant' s work, Tenant shall be entitled pay Landlord an amount equal to a supervision fee in the amount of five percent (5%) 15% of the cost of all work done under this Section to reimburse Landlord for its overhead and other administrative costs, fees and expenses incurred in respect thereto. Tenant shall keep the work. Under no circumstances 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 Tenant make any improvement which incorporates asbestos-containing construction materials into cause the Premises. Any request for Landlord's consent same to be released or discharged within 30 days or shall be made in writing and shall contain architectural plans describing the work in detail reasonably provide Landlord with security satisfactory to Landlord in its sole 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 pay Landlord all cost, expenses and fees incurred by landlord in connection therewith. Unless Landlord otherwise agrees in writingTo the fullest extent allowed by law, all alterationsTenant shall indemnify, additions or improvements affixed to the Premises (excluding moveable trade fixtures defend and furniture) shall become the property of hold harmless Landlord and shall be surrendered its agents and employees against and from all claims, actions, liabilities, injuries, damages, liens, costs, expenses and fees asserted or incurred in connection with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredsuch work.
Appears in 1 contract
Alterations. Tenant Practice shall not make no any alterations, improvements, installations or additions in or improvements to the Premises without submitting plans and specifications to the WellQuest and securing WellQuest's advance written consent. All such work shall be done by employees or contractors employed or contracted by WellQuest or, with WellQuest's prior written consent of Landlordconsent, by contractors engaged by Practice. LandlordAs Additional Rent, Practice shall pay WellQuest or Practice's consent shall not be unreasonably withheld as long contractors, as the proposed changes do not affect case may be, immediately upon commencement of such work, the structuralfull cost of such work and materials. If Practice pays a contractor directly, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and then upon completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality , Practice shall deliver to WellQuest (i) evidence of the foregoingpayment to such contractor and (ii) written lien waivers from all contractors and subcontractors, Tenant in form and content satisfactory to WellQuest. Practice shall use Landlordhold WellQuest harmless from all costs, damages, liens and expenses related to any portion of such work. If any materialmen's designated mechanical and electrical contractors for all work affecting or mechanic's lien is filed against the mechanical Premises, the Building or electrical systems the Land or against the leasehold improvements of the Building. Tenant Practice by reason of any work performed or directed to be performed by Practice or Practice's contractor, Practice shall obtain all required permits for the work and shall perform the work in compliance with all applicable lawsimmediately, regulations and ordinanceswithout notice or demand therefor, and Landlord shall be entitled to a supervision fee discharge such lien of record in the amount of five percent (5%) of the cost of the workmanner provided by law. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into e. Title to Alterations and Improvements. All alterations, improvements, installations and additions in or to the Premises. Any request for Landlord's consent shall be , whether temporary or permanent, made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingby WellQuest or Practice, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) immediately shall become the property of Landlord Owner or WellQuest, as provided in the Base Lease, free and clear of any lien, claim, title or interest of Practice (regardless of payment by Practice) and shall be surrendered with remain upon the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all without offset, credit, reimbursement or payment of any nature to Practice. The terms "alterations," "installations," "improvements," or "additions" shall not be construed to include Practice's movable office furniture, or medical or office equipment installed by Practice at Practice’s expense and with WellQuest's prior written stipulation that it will remain Practice’s equipment. WellQuest may remove any alterations, decorationsimprovements, fixtures, additions, improvements and the like installed either installations or additions made by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part Practice upon termination of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or at Practice's expense unless otherwise agreed in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredWellQuest's prior written consent thereto. f. Government Mandates.
Appears in 1 contract
Alterations. 9.1 Tenant shall not make no any alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without the Landlord's prior written consent of Landlordconsent. Landlord's consent approval shall not be unreasonably withheld or delayed but may be subject to such conditions as long as Landlord may reasonably require. Tenant shall not be required to restore any alterations, additions or improvements made by Tenant during the proposed changes do Term, unless such restoration is required by Landlord at the time of such alteration, addition or improvement. In addition, Tenant may make such alterations, additions or improvements without Landlord's consent, but with notice to Landlord, if the total per-project cost of such alterations, additions or improvements is $200,000.00 or less, and such alterations, additions or improvements will not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior structural elements of the Premises, detract from the fair rental or market value of the Premises or increase the costs of the remediation contemplated in Article 1A hereof. Tenant will comply with all applicable codes, laws, ordinances, rules or regulations in connection with any alterations, additions or improvements. All alterations, additions or improvements in or to the Premises shall be made by Tenant at Tenant's sole cost and expense, shall be made expeditiously once work is begun and shall be completed in a good and workmanlike manner using first class materials. No part of the Premises shall be demolished unless Landlord may imposehas received an acceptable surety bond assuring reconstruction. Tenant shall, at its expense, provide builder's risk insurance naming Landlord as a condition an insured during the period of any construction work.
9.2 All alterations, additions or improvements requiring Landlord's consent shall be as follows:
(a) Tenant shall submit to its consentLandlord, any requirements that Landlord in its discretion may deem reasonable or desirablefor Landlord's written approval, including but not limited to a requirement that complete plan and specifications for all work to be covered done by Tenant. Such plans and specifications shall be prepared by licensed architect(s) and engineer(s) approved by Landlord, such approval not to be unreasonably withheld or delayed, shall comply with all applicable codes, ordinances, rules and regulations, shall be in a lien form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and completion bond shall be otherwise satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use in Landlord's designated mechanical and electrical contractors reasonable discretion. Landlord's failure to respond to a request for all work affecting the mechanical or electrical systems plan approval within thirty (30) days shall be deemed approval of the Building. such plans.
(b) Tenant shall obtain all required permits for the work and shall shall, through Tenant's licensed contractor, perform the work substantially in compliance accordance with all applicable laws, regulations the plans and ordinances, specifications approved in writing by Landlord. All material changes in the plans and specifications approved by Landlord shall be entitled subject to a supervision fee in Landlord's prior written approval. Any such change shall be based upon revised plans and specifications prepared by the amount licensed architect(s) and engineer(s) approved by Landlord, such approval not to be unreasonably withheld or delayed.
(c) Tenant shall pay the entire cost of five percent all work (5%) of including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the workalterations, additions or improvements. Under no circumstances shall Landlord be liable to Tenant make for any improvement which incorporates asbestos-containing damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction materials into the Premises. Any request for Landlord's consent shall be made of any work, or delay in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingcompletion of any work.
9.3 All improvements, all alterations, additions and fixtures (other than trade fixtures), whether temporary or improvements affixed permanent in character, made in or to the Premises (excluding moveable trade fixtures and furniture) by Tenant, shall become remain the property of Landlord and shall be surrendered with Tenant until the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration expiration or improvement, require Tenant to remove by the Expiration Date, or sooner earlier termination date of this Lease, all or any alterationswhereupon they shall become part of the Premises and Landlord's property. All movable furniture, decorationsequipment, trade fixtures, additionscomputers, improvements office machines and other personal property of Tenant shall remain the like installed either by property of Tenant. Upon the expiration or earlier termination of this Lease, Tenant or by Landlord shall, at Tenant's request expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and to repair any damage to other personal property from the Premises arising from and repair all damage caused by such removal; provided, however, that removalTenant shall not be obligated to make any repairs to wall or floor coverings or otherwise make repairs if Landlord intends to otherwise demolish or renovate the Premises so that for all practical purposes, the repairs would be in vain. Landlord may require Tenant to remove an improvement provided as part This Section 9.3 shall survive the expiration or earlier termination of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 1 contract
Sources: Lease (Analog Devices Inc)
Alterations. Tenant shall not make no or permit anyone to make any alterations, additions decorations, additions, or improvements improvements, structural or otherwise, in or to the Demised Premises (less than $5,000 in value) or the Building (of any value), without the prior written consent of Landlord. Landlord shall not unreasonably withhold consent on Tenant’s interior decorations. As a condition precedent to such written consent of Landlord's consent , Tenant agrees to obtain and deliver to Landlord such security as Landlord shall, in its sole discretion, request. If any mechanic’s lien is filed against the Demised Premises, or the Building 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 mechanic’s lien shall be discharged by Tenant within ten (10) days thereafter, at Tenant’s sole cost and expense. If Tenant shall fail to discharge any such mechanic’s lien, Landlord, may at its option discharge same and treat the costs thereof as Additional Rent payable with the next monthly installment of Base Rent, it being expressly agreed that such discharge by Landlord shall not be unreasonably withheld as long as deemed to waive, release the proposed changes do default of Tenant in not affect discharging the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Buildingsame. Tenant shall obtain indemnify, defend and hold Landlord harmless from and against any and all required permits for expenses, liens, claims, or damages to person or property which may or might arise by reason of the work making of 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 and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord Tenant shall be entitled to a supervision fee liable for any and all expenses incurred by Landlord in the amount performance of five percent (5%) of the cost of the this work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingAll alterations, all alterationsdecorations, additions, additions or improvements affixed in or to the Demised Premises (excluding or the Building made by either party shall immediately become the property of Landlord and shall remain upon and be surrendered with the Demised Premises as part thereof at the 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, and further provided that any and all damage resulting therefrom be repaired, Tenant shall have the right to remove, prior to the expiration or termination of the term of this Lease, all moveable furniture, furnishings, or trade fixtures installed in the Demised Premises at the expenses of Tenant and furniture) if such property is not removed by Tenant prior to the expiration of the term of this Lease, the same shall become the property of Landlord and shall be surrendered with the Demised Premises at as a part thereof. Landlord shall have the end right to sell, consign or dispose of the Term, except that Landlord may, by any surrendered items (without notice to Tenant) and any costs affiliated therewith may be assessed to Tenant, notwithstanding the expiration or termination of this Lease. In the event Tenant given at shall construct any special improvements on the time of Landlord's consent to Demised Premises, Landlord may request that Tenant remove the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner same upon termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled in such event, remove same and restore the Demised Premises to prompt reimbursement from Tenant for their original condition all costs incurredat Tenants expense.
Appears in 1 contract
Sources: Commercial Lease Agreement
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent Landlord shall not be unreasonably withheld as long as required to notify Tenant of whether it consents to any alteration, addition or improvement until it (a) has received plans and specifications in a CAD disk format therefor which are sufficiently detailed to allow construction of the proposed changes do not work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the alteration, addition or improvement will affect the structuralBuilding’s structure, electrical HVAC system, or mechanical components mechanical, electrical, or systems of plumbing systems, then the Building plans and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work specifications therefor must be covered prepared by a lien and completion bond satisfactory licensed engineer reasonably acceptable to Landlord and requirements as provided to Landlord in a CAD disk format. Landlord’s approval of any plans and specifications shall not be a representation that the mannerplans or the work depicted thereon will comply with law or be adequate for any purpose, time, and contractor for but shall merely be Landlord’s consent to performance of the work. Without limiting the generality Upon completion of the foregoingany alteration, addition, or improvement, Tenant shall use Landlord's designated mechanical deliver to Landlord accurate, reproducible as-built plans therefor in a CAD disk format. Tenant may erect shelves, bins, machinery and electrical contractors for all work affecting trade fixtures provided that such items (1) do not alter the mechanical or electrical systems basic character of the Premises or the Building; (2) do not overload or damage the same; and (3) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all alterations, additions, and improvements shall be Landlord’s property when installed in the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All work performed by a Tenant in the Premises (including that relating to the installations, repair replacement, or removal of any item) shall be performed in accordance with all applicable governmental laws, ordinances, regulations, and with Landlord’s specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the Building’s structure or the Premises. Tenant shall obtain all required permits be responsible for the work and shall perform the work in compliance with all applicable lawsThe Americans With Disabilities Act of 1990. In connection with any such alteration, regulations and ordinancesaddition or improvement, and Tenant shall pay to Landlord shall be entitled to a supervision an administration fee in the amount of five percent (5%) of the cost of the all costs incurred for such work. Under no circumstances However, Tenant shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request not have to pay Landlord an administration fee for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.structural work costing less than $10,000.00
Appears in 1 contract
Alterations. Tenant shall not make no any alterations, additions additions, or improvements to the Premises without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (a) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. At the time of Landlord's prior written consent to the alterations, additions or improvements to the Premises, Landlord will inform Tenant whether said alteration, addition or improvement will have to be removed by Tenant upon termination of this Lease. If the alteration, addition or improvements will affect the Building's Structure, HVAC Systems, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with Law or be adequate for any purpose, but shall merely be Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality Upon completion of the foregoingany alteration, addition, or improvement, Tenant shall use Landlord's designated mechanical deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and electrical contractors for all work affecting trade fixtures provided that such items (1) do not alter the mechanical or electrical systems basic character of the Premises or the Building. Tenant shall obtain all required permits for ; (2) do not overload or damage the work same; and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall (3) may be entitled removed without damage to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made Unless Landlord specifies in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingotherwise, all alterations, additions or additions, and improvements affixed to shall be Landlord's property when installed in the Premises. All work performed by a Tenant Party in the Premises (excluding moveable trade fixtures and furnitureincluding that relating to the installations, repair, replacement, or removal of any item) shall become be performed in accordance with law and with Landlord's specifications and requirements, in a good and workmanlike manner, and so as not to damage or alter the property of Landlord and Building's Structure or the Premises. Tenant shall be surrendered with the Premises at the end of the Term, except that responsible for any reasonable fees Landlord may, accrues to have any plans or specifications reviewed by notice to Tenant given at the time of Landlord's consent to the alteration a professional architect or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredengineer.
Appears in 1 contract
Sources: Commercial Lease Agreement (At Track Communications Inc)
Alterations. (a) Tenant shall not make no any alterations, improvements or additions or improvements to the Premises or attach any fixtures or equipment thereto, without the Landlord's prior written consent of Landlord. Landlord's consent shall approval, not to be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premiseswithheld. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all All alterations, improvements or additions or improvements affixed made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord's consent.
(excluding moveable trade fixtures b) All alterations, improvements or additions to the Premises made by Tenant shall be deemed to have been attached to the Premises and furniture) shall to have become the property of Landlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall be surrendered with the Premises at the end not remove any of the Termsuch alterations, except improvements or additions; provided, however, that Landlord may, may designate by written notice to Tenant given at the time of Landlord's Tenant requests consent to those alterations and additions which shall be removed by Tenant at the alteration expiration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and Tenant shall properly remove the like installed either by Tenant or by Landlord at Tenant's request same and to repair any damage to the Premises arising from that caused by such removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or for Tenant may be removed by Tenant at any time.
(c) In performing such alterations, improvements or additions, or in any Exhibit the removal thereof, Tenant shall use due care to this Lease, should Landlord make any alteration cause as little damage or improvement injury as possible to the Premises at and the request Building and shall repair all damage or injury that may occur to the Premises or the Building as a result thereof.
(d) T▇▇▇▇▇ 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 Development service employees of Tenant, Landlord Landlord. Any contractors employed by Tenant shall be entitled subject to prompt reimbursement from Landlord's prior written approval, not to be unreasonably withheld. All such contractors shall be required to carry worker's compensation insurance, commercial general liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord.
(e) Prior to the commencement by Tenant for of any work as set forth in this Article, Tenant shall obtain, at T▇▇▇▇▇'s sole cost and expense, all costs incurrednecessary permits, authorizations and licenses required by the various governmental authorities having jurisdiction over the Premises.
Appears in 1 contract
Sources: Office Lease Agreement (Cognition Therapeutics Inc)
Alterations. Tenant shall not make no alterations, additions or improvements any alterations to the Premises or the Business Park without the Landlord's prior written consent. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord. Landlord's consent , shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building performed by Tenant and are not visible its contractors in a first class workmanlike manner and permits and inspections shall be obtained from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premisesgovernmental entities. Any request for Landlord's consent alterations made shall be made in writing remain on and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice within thirty (30) days before or thirty (30) days after expiration of the Term, elect to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the Expiration Datelast day of the Term or within thirty (30) days after notice of its election is given, or sooner termination date whichever is later. Should Landlord consent in writing to Tenant's alteration of this Leasethe Premises, all or any Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, decorationsshall secure all appropriate governmental approvals and permits, fixturesand shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Provided, additionshowever, improvements and Landlord hereby consents to the like installed either by Tenant or by Landlord at Tenant's request Improvements outlined on Exhibit Al hereto and to repair any damage to the Premises arising from that removal. Landlord may will not require Tenant to remove an improvement provided these improvements at the expiration or termination of the Lease. With respect to future alterations or improvements, Tenant may request Landlord to determine, as part of the initial build-out pursuant to Exhibit Xtheir approval process, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease whether or in any Exhibit to this Lease, should Landlord make any not they will require said alteration or improvement to the Premises be removed at the request expiration or termination of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredthe Lease.
Appears in 1 contract
Alterations. 8.01 Tenant shall make no decoration, alteration, addition or improvement in the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned, and then only by contractors or mechanics and in such manner and time, and with such materials, as approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. All alterations, additions or improvements to the Premises, except movable office furniture and trade equipment installed at the expense of Tenant (including, without limit, kitchen equipment, such as ovens, and/or refrigeration, and/or freezers (collectively, the “Kitchen Equipment”), and audio equipment, including without limit, speakers, subwoofers, loudspeakers, televisions, and/or other audio-visual screens and/or equipment (the “Audio Equipment”), which Tenant may elect to remove as of Lease end, in its sole discretion in which event Tenant shall repair any damage to the Premises without caused by such removal), shall, unless Landlord elects otherwise in writing, become the property of Landlord, and shall be surrendered with the Premises, at the expiration or sooner termination of the term of this Lease. Any such alterations, additions and improvements which Landlord shall designate shall be removed by Tenant and any damage repaired, at Tenant’s expense, prior to the expiration of this Lease.
8.02 Tenant shall arrange to provide to Landlord all plans and specifications for Tenant’s Initial Alterations (as defined below) that Tenant wishes to perform at the Premises. Notwithstanding anything herein to the contrary, after execution of this Lease, Tenant shall provide all plans to Landlord for Landlord’s review and prior written consent of for all Alterations (exceeding $75,000.00 in cost to perform) for Landlord. Landlord's ’s prior written consent, which consent shall not be unreasonably withheld delayed or conditioned, to the extent plans are necessary to be filed in connection with the performance of said work. Landlord shall have ten (10) business days to approve of same, a failure of which to disapprove in writing shall be deemed an approval.
8.03 Anything hereinabove to the contrary notwithstanding, Landlord will not unreasonably withhold, condition or delay approval of written requests of Tenant to make nonstructural interior alterations, decorations, additions and improvements (herein referred to as long as “Alterations”) in the proposed changes Premises, provided that such Alterations do not affect the structural, utility services or plumbing and electrical lines or mechanical components or other systems of the Building and do not affect and are not visible from any portion of the exterior Building outside of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord All Alterations shall be performed in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as accordance with the following conditions:
(i) Prior to the mannercommencement of any Alterations costing more than $75,000.00, time, and contractor for performance of or to the work. Without limiting the generality of the foregoingextent same are required by applicable law, Tenant shall use Landlord's designated mechanical first submit to Landlord for its approval detailed dimensioned coordinated plans and electrical contractors specifications, including layout, architectural, mechanical, electrical, plumbing and structural drawings for all work affecting each proposed Alteration. Landlord shall have ten (10) business days to approve of same, a failure of which to disapprove in writing shall be deemed an approval.
(ii) All Alterations in and to the mechanical or electrical systems of Premises shall be performed in a good and workmanlike manner and in accordance with the Building’s rules and regulations governing Tenant Alterations. Prior to the commencement of any such Alterations, Tenant shall, at its sole cost and expense, obtain and exhibit to Landlord any governmental permit required in connection with such Alterations.
(iii) All Alterations shall obtain all required permits for the work and shall perform the work be done in compliance with all other applicable provisions of this Lease and with all applicable laws, ordinances, directions, rules and regulations of governmental authorities having jurisdiction, including, without limitation, the Americans with Disabilities Act of 1990 and New York City Local Law No. 5 and similar present or future laws, and regulations issued pursuant thereto, and also New York City Local Law Nos. 57, 76 and 87 and similar present or future laws, and regulations issued pursuant thereto, on abatement, storage, transportation and disposal of asbestos and other hazardous materials, which work, if required, shall be effected at Tenant’s sole cost and expense, by contractors and consultants approved by Landlord and in strict compliance with the aforesaid rules and regulations and ordinanceswith Landlord’s rules and regulations thereon.
(iv) Tenant shall keep the Building and the Premises free and clear of all liens for any work or material claimed to have been furnished to Tenant or to the Premises.
(v) Prior to the commencement of any work by or for Tenant, Tenant shall furnish to Landlord certificates evidencing the existence of the following insurance:
(a) Workmen’s compensation insurance covering all persons employed for such work and with respect to whom death or bodily injury claims could be asserted against Landlord, Tenant or the Premises.
(b) Broad form general liability insurance written on an occurrence basis naming Tenant as an insured and naming Landlord and its designees as additional insureds, with limits of not less than $3,000,000 combined single limit for personal injury in any one occurrence, and with limits of not less than $1,000,000 for property damage (the foregoing limits may be revised from time to time by Landlord to such higher limits as Landlord from time to time reasonably requires). Tenant, at its sole cost and expense, shall cause all such insurance to be maintained at all time when the work to be performed for or by Tenant is in progress. All such insurance shall be entitled obtained from a company authorized to a supervision fee do business in New York and shall provide that it cannot be canceled without thirty (30) days prior written notice to Landlord. All polices, or certificates therefor, issued by the amount insurer and bearing notations evidencing the payment of five percent (5%) premiums, shall be delivered to Landlord. Blanket coverage shall be acceptable, provided that coverage meeting the requirements of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into this paragraph is assigned to Tenant’s location at the Premises. Any request In addition, Tenant shall ensure that its architect(s) shall maintain professional liability insurance coverage for Landlord's the plans that Landlord is requested to review under this Article.
(i) In granting its consent to any Alterations, Landlord may impose such conditions as to guarantee of completion (including, without limitation, requiring Tenant to post additional security or a bond to insure the completion of such Alterations, payment, restoration or otherwise), as Landlord may reasonably require.
(ii) All work to be performed by Tenant shall be done in a manner which will not unreasonably interfere with or disturb other tenants and occupants of the Building.
(iii) The review and/or approval by Landlord, its agents, consultants and/or contractors, of any Alteration or of plans and specifications therefor and the coordination of such Alteration work with the Building, as described in part above, are solely for the benefit of Landlord, and neither Landlord nor any of its agents, consultants or contractors shall have any duty toward Tenant; nor shall Landlord or any of its agents, consultants and/or contractors be deemed to have made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory any representation or warranty to Landlord. Unless Landlord otherwise agrees in writingTenant, all alterationsor have any liability, additions or improvements affixed with respect to the safety, adequacy, correctness, efficiency or compliance with laws of any plans and specifications, Alterations or any other matter relating thereto.
(iv) Promptly following the substantial completion of any Alterations, Tenant shall submit to Landlord (i) an electronic version (using a current version of Autocad or such other similar software as is then commonly in use) of final, “as-built” plans for the Premises (excluding moveable trade fixtures showing all such Alterations and furniture) shall become the property of demonstrating that such Alterations were performed substantially in accordance with plans and specifications first approved by Landlord and shall be surrendered with the Premises at the end (ii) Tenant’s certification of the Termcompletion, except that Landlord maypayment and acceptance, by notice to Tenant given at the time and all governmental approvals and confirmations of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant completion for all costs incurredsuch Alterations.
Appears in 1 contract
Alterations. Tenant Lessee shall make no alterationsnot, additions or improvements to the Premises without the prior written consent of LandlordLessor, make any alterations, additions, or improvements in or to said Premises. LandlordLessor's consent may be conditioned on an agreement (a) that the same will be removed by Lessee at the termination of this Lease, or (b) that the same will be maintained in good repair by Lessee and left on the Premises at the termination f this Lease. Lessee shall make no perforations in the building shell or any other modifications that involve a structural element of the Premises without prior review and approval of a duly licensed structural engineer and the prior written approval of Lessor. Trade fixtures, appliances and equipment shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all deemed alterations, additions or improvements affixed to unless the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end removal of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any same would do material damage to the Premises arising from that removalPremises. Landlord may require Tenant Unless specifically agreed to remove an improvement provided as part of the initial build-out pursuant to Exhibit Xby Lessor in writing, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or Lessee shall not be compensated by Lessor in any Exhibit to this Leasemanner for an alteration, should Landlord make any alteration 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 request cost of TenantLessor's employees and the costs of legal, Landlord 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 entitled responsible for the cost of any repairs to prompt reimbursement from Tenant for all costs incurredthe Premises necessitated by such removal and shall redeliver the Premises free of liens to Lessor.
Appears in 1 contract
Sources: Industrial Lease (Telect Inc)
Alterations. 17.1 Tenant shall make no alterations, additions or improvements (hereinafter in this section, "improvements") in or to the Premises Premises, except for non-structural improvements costing less than $50,000 in any one instance nor in the aggregate in any 12-month period, without the Landlord's prior written consent of Landlord. Landlord's consent consent, which shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Buildingdelayed. Tenant shall obtain all required permits deliver to Landlord final plans and specifications and working drawings for the work and shall perform the work in compliance with all applicable laws, regulations and ordinancesimprovements to Landlord, and Landlord shall have ten (10) days thereafter to grant or withhold its consent. If Landlord does not notify Tenant of its decision within the ten (10) days, Landlord shall be entitled deemed to have given its approval.
17.2 If a supervision fee permit is required to construct the improvements, Tenant shall deliver a completed, signed-off inspection card to Landlord within ten (10) days of completion of the improvements, and shall promptly thereafter obtain and record a notice of completion and deliver a copy thereof to Landlord.
17.3 The improvements shall be constructed only by licensed contractors. All contractors, except those constructing non-structural improvements costing less than $50,000 as set forth in Section 17.1, shall be approved by Landlord, which approval shall not be unreasonably withheld or delayed. Any such contractor must have in force a general liability insurance policy of not less than $2,000,000, which policy of insurance shall name Landlord as an additional insured. Tenant shall provide Landlord with a copy of the contract with the contractor and a certificate of insurance showing that the contractor has the insurance required by this Section 17.3 prior to the commencement of construction.
17.4 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 building reconfiguration work.
17.5 Tenant covenants and agrees that all work done by Tenant shall be performed in good and workmanlike manner and in substantial compliance with all laws, rules, orders, ordinances, directions, regulations, permits, approvals, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations, and requirements of any applicable fire rating bureau. Tenant shall provide Landlord with "as-built" plans showing any change in the amount of five percent Premises within thirty (5%30) of the cost of the work. Under no circumstances shall Tenant make days after completion.
17.6 Before commencing any improvement which incorporates asbestoswork (other than interior non-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all structural alterations, additions or improvements affixed to the Premises improvements), Tenant shall give Landlord at least five (excluding moveable trade fixtures and furniture5) shall become the property of Landlord and shall be surrendered with the Premises at the end days' prior written notice of the Termproposed commencement of such work and, except that Landlord mayfor any such work which exceeds $25,000.00 in cost, if required by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord secure at Tenant's request own cost and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit Xexpense a completion and lien indemnity bond approved by Landlord, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall which approval will not be entitled to prompt reimbursement from Tenant for all costs incurredunreasonably withheld.
Appears in 1 contract
Alterations. (A) Tenant agrees that neither Tenant nor anyone claiming under Tenant shall make no any installations, alterations, additions or improvements to or upon the Premises Demised Premises, except only the installation of fixture necessary for the conduct of its business, without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as Landlord and except for non-structural alterations to the proposed changes do not affect the structural, electrical or mechanical components or systems interior of the Building and are not visible from costing, in the exterior of the Premisesaggregate, One Thousand Dollars ($1,000) or less. Notwithstanding any alteration to which Landlord may imposehereafter, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablesole discretion, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoingconsent, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting restore the mechanical or electrical systems Demised Premises to the same condition as the Demised Premises were in upon commencement of the Buildingterm unless otherwise requested in writing by Landlord. Tenant shall obtain all required permits for not bring any additional electrical service into the work Demised Premises unless it is brought in underground over a route first approved by Landlord and shall perform unless Tenant restores the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) surface of the cost of ground and other disturbed areas to the workreasonably same condition that existed prior to the installation thereof. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingAll installations, all alterations, additions and improvements made to or improvements upon the Demised Premises, whether made by Landlord or Tenant or any other person (except only sign and movable trade fixtures installed in the Demised Premises prior to or during the term of this Lease at the sole cost of Tenant or any person claiming under Tenant) shall be deemed part of the Demised Premises and upon the expiration or other termination of the terms of this Lease shall be at the Landlord's sole discretion either fully restored in accordance with the above provisions of this paragraph or surrendered with the Demised Premises as a part thereof, in good condition and repair, without disturbance, molestation or injury. Movable trade fixtures shall include trade fixtures and other installations not affixed to the Premises (excluding moveable realty and trade fixtures and furniture) shall become the property of Landlord and shall be surrendered other installations affixed only by nails, bolts or screws with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time prior permission of Landlord's consent to the alteration or improvement.
(B) Tenant shall procure all necessary permits before making any repairs, require Tenant to remove by the Expiration Dateinstallations, or sooner termination date of this Lease, all or any alterations, decorationsadditions, fixturesimprovements or removals. Landlord shall cooperate with Tenant in obtaining such permits. Tenant agrees that all repairs, installations, alterations, additions, improvements and the like installed either removals done by Tenant or by Landlord at Tenant's request anyone claiming under Tenant shall be done in a good and to workmanlike manner, that the same shall be done in conformity with all laws, ordinances, regulations of all public authorities and all insurance inspection or rating bureaus having jurisdiction, that the structure of the demised premises shall not be endangered or impaired thereby, and that Tenant shall repair any and all damage caused by or resulting from any such repairs, installations, alterations, additions, improvements or removals, including, without limitation, the filling of holes. Tenant shall pay promptly when due all charges for labor and materials in connection with any work done by Tenant or anyone claiming under Tenant to or upon the Demised Premises so that the Demised Premises shall at all times are free of liens. Tenant shall save Landlord harmless from, and indemnify Landlord against, any and all claims for injury, loss or damage to persons or property caused by or resulting from the Premises arising from that removaldoing of any such repairs, installations, alterations, additions, improvements and removals. Landlord may require Tenant to remove an improvement provided as If any mechanic's lien or other liens, charges or orders shall be filed against the whole or any part of Demised Premises as the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified result of the requirement prior acts or omissions of Tenant or anyone claiming under Tenant or any claim against Tenant. Tenant shall cause the same to the build-out. Except as otherwise provided in this Lease be canceled and discharged of record, or in any Exhibit fully bonded by bonding company satisfactory to this LeaseLandlord, should Landlord make any alteration or improvement to the Premises at the request within ten (10) days after notice of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredfiling thereof.
Appears in 1 contract
Sources: Lease Agreement (A123 Systems Inc)
Alterations. Tenant shall not make no any alterations, additions or improvements (collectively, "Alterations") to the Premises without the prior written consent of Landlord. Landlord shall not be required to notify Tenant of whether it consents to any Alterations until it (a) has received plans and specifications therefor which are sufficiently detailed to allow construction of the work depicted thereon to be performed in a good and workmanlike manner, and (b) has had a reasonable opportunity to review them. If the Alterations will affect the Building Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer reasonably acceptable to Landlord. Landlord's approval of any plans and specifications shall not be a representation that the plans or the work depicted thereon will comply with law or be adequate for any purpose, but shall merely be Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality Upon completion of the foregoingany Alterations, Tenant shall use deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures provided that such items (1) do not alter the basic character of the Premises; (2) do not overload or damage the same; and (3) may be removed without damage to the Premises. Unless Landlord specifies in writing otherwise, all Alterations shall be Landlord's designated mechanical property when installed in the Premises. All work performed by a Tenant Party in the Premises (including that relating to the installations, repair, replacement, or removal of any item) shall be performed in accordance with Laws and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work with Landlord's specifications and shall perform the work requirements, in compliance with all applicable laws, regulations a good and ordinancesworkmanlike manner, and Landlord shall be entitled so as not to a supervision fee in damage or alter the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into Building Structure or the Premises. Any request contractors used by Tenant must carry liability insurance reasonably acceptable to Landlord, and Tenant shall deliver evidence of such insurance to Landlord before any construction is commenced. In connection with any such alteration, addition, or improvement costing in excess of $10,000.00, Tenant shall pay to Landlord an administration fee of 5% of all costs incurred for Landlord's consent such work. Tenant shall be made in writing and shall contain architectural plans describing responsible for compliance with American With Disabilities Act of 1990 for the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writinginterior, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end non-structural portions of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of TenantPremises, Landlord shall be entitled responsible for compliance with the American With Disabilities Act of 1990 relative to prompt reimbursement from the Building Structure, and all Building common areas including, but not limited to, parking areas, sidewalks, entrances, and access ways, unless such compliance is required solely in connection with Tenant's specific use of the Premises or a Tenant for all costs incurredalteration of the Building, in which case such compliance shall be Tenant's responsibility.
Appears in 1 contract
Alterations. Tenant Lessee shall make no alterationsadditions, additions changes, alterations or improvements to any Site comprising a part of the Premises that are structural, involve any Excavations at any Site or have a cost in excess of [***]225, without the first obtaining Lessor’s prior written consent, which consent of Landlord. Landlord's consent shall may not be unreasonably withheld as long as the proposed changes withheld, conditioned or delayed if such additions, changes, alterations or improvements do not adversely affect the structural, electrical use or mechanical components or systems of the Building and are not visible from the exterior utility of the Premises. Landlord may imposeAny non-structural additions, as a condition to its consentchanges, any requirements that Landlord in its discretion may deem reasonable alterations or desirable, including but not limited improvements to a requirement single Site that all work have a cost of less than [***]226 and do not involve Excavations, do not require Lessor’s prior written consent. Any alterations or additions to any buildings or permanent improvements authorized by Lessor shall be covered by made in a lien and completion bond satisfactory to Landlord and requirements as to the good, workmanlike manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations rules and ordinancesregulations, and Landlord in compliance with all insurance policies required to be maintained by Lessee under this Lease, and, unless Lessor otherwise elects at its option, shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall upon installation become the property of Landlord Lessor and Lessee shall be surrendered with have no right or interest therein except to continue to use and occupy the Premises at same during the end remainder of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date Term of this Lease, all or any alterations, decorations, fixtures, . If Lessee shall make additions, changes, alterations or improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part in excess of [***]227 without Lessor’s prior written consent or otherwise in violation of the initial build-out pursuant to Exhibit Xprovisions hereof, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises then at the request of TenantLessor, Landlord Lessee shall at its own cost and expense remove from the Premises all additions, changes, alterations or improvements not reasonably acceptable to Lessor, and Lessee shall repair all damage caused by such installation and removal, other than minor and de minimus items. Any actual, reasonable costs incurred by Lessor in removing or disposing of fixtures or repairing damage shall be entitled additional rent hereunder. As used herein, the term “Excavations” does not include (x) removal of concrete or asphalt for paving or repaving of parking areas, (y) installation of signs or lighting fixtures or (z) repair or maintenance work to prompt reimbursement from Tenant for all costs incurredburied water, sewer or other utility lines.
Appears in 1 contract
Alterations. (a) Tenant shall will not make no any alterations, installations, changes, replacements, repairs, additions or improvements (structural or otherwise) in or to the Demised Premises or any part thereof, without the prior written consent of Landlord. All Tenant plans and specifications shall be submitted to Landlord for prior approval. Landlord may, among other things, condition its consent upon Tenant's agreement that any construction up-gradings required by any governmental authority as a the result of Tenant's work, either in the Demised Premises or in any other part of the building, will be paid for by Tenant. Tenant shall not install any equipment of any kind or nature whatsoever which will or may necessitate any changes, replacements or additions to the water system, plumbing system, heating system, air-conditioning system or the electrical system of the Demised Premises without the prior written consent of the Landlord. Tenant shall not install or use in the building any air conditioning unit, engine, boiler, generator, machinery, heating unit, stove, water cooler, ventilator, radiator or any other similar apparatus without the prior written consent of Landlord, and then only as Landlord may direct. Tenant shall not modify or interfere with the heating, ventilating and air-conditioning supply. return or control systems without the prior written consent of Landlord, and then only as Landlord may direct. Landlord may condition its consent upon Tenant's payment of all costs to make such changes, replacement or modifications. Landlord's consent to any work by Tenant or approval of Tenant plans or specifications shall not be unreasonably withheld as long as the proposed changes do not affect the structuraldeemed a certification that such work complies with applicable building codes, electrical laws or mechanical components or systems regulations, nor shall it impose any liability whatsoever upon Landlord.
(b) All of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord Tenant's approved work shall be done in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use accordance with Landlord's designated mechanical Supplemental Rules and electrical contractors Regulations for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work Contractors and shall perform the work be done by duly licensed contractors in compliance accordance with all applicable laws, regulations and codes, ordinances, rules and Landlord regulations, and Tenant shall be entitled to a supervision fee in the amount obtain at its cost any required permits, licenses or inspections for performance of five percent (5%) of the cost of the its work. Under no circumstances shall Tenant make must obtain an executed waiver of lien from each contractor or vendor that will perform or furnish to Tenant work, labor, services or materials for any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingalterations, all alterationsinstallations, replacements, additions or improvements affixed in or to the Demised Premises, prior to the commencement of such work. Notwithstanding the aforesaid, if any mechanic's lien shall at any time, whether before, during or after the Lease term, be filed against any part of the building by reason to work, labor, services or materials performed for or furnished to Tenant, Tenant shall forthwith cause the lien to be discharged of record or bonded off to the satisfaction of Landlord. If Tenant shall fail to cause such lien to be discharge or bonded off within five (5) days after being notified of the filing thereof, then, in addition to any other right to remedy of Landlord, Landlord may discharge the lien by paying the amount claimed to be due. The amount paid by Landlord, and all costs and expenses, including reasonable attorney's fees incurred by Landlord in procuring the discharge of the lien, shall be due and payable by Tenant to Landlord as additional rent on the first day of the next following month, or if the Lease term has expired, upon demand.
(c) All alterations, installations, including without limitation wall to wall carpet and drapery and drapery accessories, changes, replacements, repairs, additions, or improvements to or within the Demised Premises (excluding moveable trade fixtures and furniture) whether with or without Landlord's consent), shall become at the property election of Landlord remain upon the Demised Premises and shall be surrendered with the Demised Premises at the end expiration of this Lease without disturbance, molestation or injury. Should Landlord elect that alterations, installations, changes, replacements, repairs, additions to or improvements made by or for Tenant upon the TermDemised Premises be removed upon termination of this Lease or upon termination of any renewal period hereof, except Tenant hereby agrees that Landlord may, by notice shall have the right to Tenant given at the time of Landlord's consent cause same to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord be removed at Tenant's request sole cost and expense. Tenant hereby agrees to repair reimburse Landlord for the cost of such removal together with the cost of repairing any damage damage
(d) In the event that either Landlord or Tenant, during the term hereby demised, shall he required by the order or decree of any court, or any other governmental authority, or by law, code or ordinance, to the Premises arising from that removal. Landlord may require Tenant to repair, alter, remove an improvement provided as reconstruct, or improve any part of the initial build-out pursuant Demised Premises or of the building of which said premises are a part, then Tenant shall make or Tenant shall be required to Exhibit Xpermit Landlord to perform such repairs, if anyalterations, if and only if removals, reconstructions, or improvements without effect whatsoever to the improvement is a non-building standard item obligations or covenants of Tenant herein contained, and Tenant is notified hereby waives all claims for damages or abatement of the requirement prior to the build-out. Except as otherwise provided in this Lease rent because of such repairing, alteration, removal, reconstruction, or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredimprovement.
Appears in 1 contract
Alterations. a. Tenant shall make no alterations, decorations, additions or improvements in or to the Premises without the Landlord's prior written consent consent, and then only by contractors or mechanics first approved by Landlord in writing. Tenant agrees that there shall be no construction of Landlord. partitions or other obstructions which might interfere with Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical free access to mechanical installations or mechanical components or systems service facilities of the Building and are not visible or interfere with the moving of Landlord's equipment to or from the exterior of the Premisesenclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may impose, as a condition from time to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement time designate. Tenant covenants and agrees that all work done by Tenant shall be covered 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. Before commencing any work, Tenant shall give Landlord at least five (5) days written notice of the proposed commencement of such work, and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien and completion bond indemnity bond, satisfactory to Landlord and requirements as to the mannerLandlord, time, and contractor for performance of the said work. Without Tenant further covenants and agrees that any mechanic's liens filed against the Premises or against the Building for work claimed to have been done, or materials claimed to have been furnished to Tenant, will 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 upon the Premises, made by either party, including (without limiting the generality of the foregoing) all wall covering, Tenant shall use Landlord's designated mechanical built-in cabinet work, paneling and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable lawslike, regulations and ordinancesshall, and unless Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingelects otherwise, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord Landlord, and shall remain upon, and be surrendered with the Premises Premises, as a part thereof, at the end of the Term hereof. However, Landlord may, by written notice to Tenant, given at least thirty (30) days prior to the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Dateall partitions, or sooner termination date of this Leasecounters, all or any alterationsrailings, decorations, fixtures, additions, improvements and the like like, installed either by Tenant, and Tenant or by Landlord at Tenant's request and to shall repair any damage to the Premises arising from such removal or, at Landlord's option, shall pay to Landlord all of Landlord's costs of such removal and repair. Such removal by Tenant of any such improvements shall not interfere, in any way, with any other tenant's quiet enjoyment of the Building.
b. All moveable articles of personal property and all moveable, unattached business and trade fixtures, machinery and equipment, furniture and 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 Term, provided Tenant is not in default hereunder, and provided further that Tenant shall repair any damage caused by such removal. If Tenant shall fail to remove all of its effects from the 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. Tenant agrees to pay Landlord upon demand any and all 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. Landlord may, at its option and without notice, sell said effects, or any of the same, at private sale and without legal process, for such price as Landlord may require obtain and apply the proceeds of such sale upon (i) any amounts due under this Lease from Tenant to remove Landlord and (ii) the expenses incident to the removal and sale of said effects.
c. Landlord reserves the right at any time and from time to time without the same constituting an actual or constructive eviction and without insuring any liability to Tenant therefor or otherwise affecting Tenant's obligations under this Lease, to make such reasonable changes, alterations, additions, improvements, repairs or replacements in or to the Building (including the Premises, if required so to do 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 is commonly known, as Landlord may deem necessary or desirable. Nothing contained in this Subparagraph 14.c. shall be deemed to relieve Tenant of any duty, obligation or liability of Tenant with respect to making any repair, replacement or improvement provided as part or complying with any law, order or requirement of any government or other authority. Nothing contained in this Subparagraph 14.c. shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the care, supervision or repair of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except Building or any part other than as otherwise expressly provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 1 contract
Sources: Office Lease (Loudeye Corp)
Alterations. Tenant shall not make no alterationsany alterations of, or additions or improvements to to, the Leased Premises without the prior written consent of LandlordLessor. Landlord's consent Lessor shall have the right to approve all plans, specifications, contractors, laborers to be used for such alteration or addition. Tenant will not permit any mechanics', laborers' or materialmens' liens to stand against the Leased Premises or the Project for labor or materials claimed to have been furnished in connection with any work performed or claimed to have been performed in or about the Leased Premises. At the termination of this Lease, Tenant shall, if Lessor so elects, remove all alterations and additions erected by Tenant and restore the Leased Premises to their original condition; otherwise such improvements shall be unreasonably withheld delivered up to the Lessor with the Leased Premises. All movable office firrnishings and trade fixtures installed by Tenant may be removed by Tenant at the termination of this Lease if Tenant so elects, and shall be removed if required by Lessor. All such removals and restoration shall be accomplished in a good and workmanlike manner so as long as not to damage the proposed changes do not affect the structural, electrical primary structure or mechanical components or systems structural qualities of the Building and are not visible from Leased Premises. Personal property remaining in the exterior Leased Premises at the expiration or termination of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work term of this Lease shall be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, timedeemed abandoned, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord Lessor, and shall be surrendered with the Premises at the end Lessor may dispose of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent same as Lessor deems expedient. Notwithstanding anything to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of contrary contained in this Lease, Lessor shall in all events have the right to prescribe the weight and position of any safes and other heavy equipment placed in or any alterationson the Leased Premises by Tenant. Any and all damage or injury to the Leased Premises or the Project caused by moving the property of Tenant in or out of the Leased Premises, decorationsor due to the same being in or on the Leased Premises, shall be repaired by Tenant at its sole cost and expense. No equipment, fixtures, additionsfurniture or other bulky matter will be received into or carried in the Project, improvements except in or at such places, at such times and the like installed either in such manner as are approved by Tenant or by Landlord at Lessor, and all moving of Tenant's request property in or out of the Leased Premises shall be done only under the direct control and to repair supervision of Lessor; provided, however, that Lessor shall not be responsible for any damage to the Premises arising from that removalor charges for moving such property. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.SIGNS
Appears in 1 contract
Alterations. Tenant shall not make no any alterations, additions additions, improvements or improvements decorations to the Premises without the Landlord’s prior written consent consent, and Tenant shall, if requested by Landlord, furnish Landlord with plans and specifications, names and addresses of contractors, copies of contracts necessary permits and indemnification in form and amount satisfactory to Landlord, and Tenant shall, in exchange for payment for any work, cause its contractors, all sub-contractor(s) and any party providing materials for any work, to file valid and effective waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in connection with any such work. Tenant hereby agrees to indemnify and hold harmless Landlord, its agents and employees from any and all liabilities of every kind and description which may arise out of or be connected in any way with any such work. Before commencing any such work, Tenant shall furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord in such amounts as Landlord deems appropriate against any and all liabilities which may arise out of or be connected in any way with such work. Tenant shall pay the cost of all such work and also the cost of decorating the Premises occasioned by such work. Upon completing any such work, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. Tenant shall obtain valid and effective lien waiver(s) from each sub-contractor, contractor or material provider in exchange for all payments made to such sub-contractor, contractor, or provider of materials for any such work. All such work shall comply with all insurance requirements, with all of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural’s Rules and Regulations, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may imposewith all applicable laws (including, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the mannerThe Americans with Disabilities Act), timeordinances, and contractor for performance of regulations. If any such work results in a change in the work. Without limiting heating, cooling or ventilating load in the generality of the foregoingPremises, Tenant shall use shall, at its expense but at Landlord's designated mechanical and electrical contractors for all work affecting ’s option, either modify the mechanical existing systems or electrical provide supplementary heating, ventilating and/or air conditioning systems of the Buildingor equipment necessary to accommodate such load change. Tenant shall obtain all required permits for perform or cause such work to be performed in a manner that will not interfere with or impair the work use and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount enjoyment of five percent (5%) any other portion of the cost Building by Landlord and/or other tenants. Tenant shall not permit any lien or claim for lien of any mechanic, laborer or supplier or any other lien to be filed against the work. Under no circumstances shall Tenant make any improvement Building, the land upon which incorporates asbestos-containing construction materials into the Building is situated, the Premises, or any part thereof arising out of work performed, or alleged to have been performed by, or under the direction of, or on behalf of Tenant. Any request If any such lien or claim for Landlord's consent lien is filed, Tenant immediately shall be made either have such lien or claim for lien released of record or shall deliver to Landlord a bond in writing form, content and shall contain architectural plans describing the work in detail reasonably amount satisfactory to Landlord, indemnifying Landlord and anyone else designated by Landlord against all costs and liabilities resulting from such lien or claim for lien and the foreclosure or attempted foreclosure thereof. Unless If Tenant fails to have such lien or claim for liens released or to deliver such bond to Landlord, Landlord, without investigating the validity of such lien, may pay or discharge the same and Tenant shall reimburse Landlord otherwise agrees as additional rent upon demand for the amount so paid by Landlord, including Landlord’s expenses and attorneys’ fees. Nothing contained in writingthis Lease shall be construed as constituting the consent or request of Landlord, all alterationsexpress or implied, additions to or improvements affixed for the performance (on behalf of or for the benefit of Landlord) by any contractor, laborer, materialman or vendor, of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Premises (excluding moveable trade fixtures or any part thereof. Notice is hereby given that Landlord will not be liable for any labor, services or materials furnished or to be furnished to Tenant, or to anyone holding an interest in the Leased Premises or any part thereof through or under the Tenant, and furniture) that no mechanic’s or other liens for any such labor, services or materials shall become attach to or affect the property interest of Landlord in and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredPremises.
Appears in 1 contract
Alterations. This Lease is being entered into as an accommodation to Tenant in order to allow Tenant to begin alteration work in contemplation of Tenant's purchase of the Premises under the Sale Agreement. All work by Tenant to improve, equip, or alter the Premises shall make no alterations, additions or improvements be subject to the Premises without following conditions:
(A) All such work shall be done at Tenant's sole cost, risk, and expense and in accordance with all Legal Requirements and Insurance Requirements (as defined below).
(B) All such work shall be performed in a good and workmanlike manner with labor and materials of such quality as approved by Landlord (which approval will not be unreasonably withheld, delayed, or conditioned).
(C) No such work shall be commenced until approved in writing by Landlord (which approval will not be unreasonably withheld, conditioned, or delayed).
(D) All such work shall be performed in strict accordance with the prior written consent plans and/or specifications previously approved by Landlord, which approval will not be unreasonably withheld, conditioned, or delayed.
(E) All such work shall be prosecuted diligently and continuously to completion.
(F) All such work shall be performed in a manner so as to minimize interference with the performance of Landlord. Landlord's consent obligations under this Lease.
(G) Landlord may impose such reasonable conditions with respect to such work as Landlord deems appropriate, including, without limitation, requiring Tenant or Tenant's contractor to maintain insurance against liabilities which may arise out of such work and a payment and performance bond relative to that work.
(H) Tenant's work shall be performed by contractors approved in writing by Landlord (which approval shall not be unreasonably withheld as long as the proposed changes do not affect the structuralwithheld, electrical conditioned, or mechanical components or systems delayed).
(I) Upon completion of the Building any such work and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoingupon Landlord's request, Tenant shall use deliver to Landlord evidence of payment, contractors' affidavits, and full and final waivers of all liens for labor, services, or material.
(J) Tenant shall reimburse Landlord, within thirty (30) days of Landlord's designated mechanical and electrical contractors demands for all work affecting the mechanical costs and expenses incurred by Landlord to third parties for their review of Tenant's plans or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable lawswork.
(K) No alterations, regulations and ordinancesimprovements, or additions (including lighting fixtures, track lighting tracks, track lighting cans, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%light bulbs) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) by or on behalf of either Landlord or Tenant may be removed by Tenant without Landlord's prior written consent prior to the consummation of the transaction contemplated by the Sale Agreement. All such alterations, improvements, or additions shall become the property of Landlord and shall be surrendered with upon the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration termination or improvement, require Tenant to remove by the Expiration Date, or sooner termination date expiration of this Lease, all unless the transaction contemplated by the Sale Agreement is closed. Tenant shall have no (and hereby waives all) rights to payment or compensation for any such alteration, improvement, or addition to the Premises. However, Tenant's Trade Fixtures shall remain the property of Tenant as provided in Section 5.3 below,
(L) Tenant shall not allow any liens to be filed against the Premises or the Project in connection with the installation of any alterations, decorationsimprovements, fixturesor additions to the Premises. If any such liens shall be filed, Tenant shall cause the same to be released (within thirty (30) days after the date of filing) by payment, bonding, or other method acceptable to Landlord. If Tenant shall fail to cancel or remove any lien, then Landlord, at its sole option, may obtain the release of that lien; and Tenant shall pay to Landlord, on demand, the amount incurred by Landlord for the release of each lien, plus an additional charge (in the amount of fifteen percent (15 %) of the amount expended or incurred by Landlord) to cover Landlord's administrative overhead and expenses.
(M) Tenant hereby indemnifies and holds Landlord harmless from all losses, costs, damages, claims, expenses (including reasonable attorneys' fees and costs of suit), liabilities, or causes of action arising out of or relating to any alterations, additions, or improvements and the like installed either by that Tenant makes or by Landlord at Tenant's request and causes to repair any damage be made to the Premises arising from that removal. Landlord may require Tenant or to remove an improvement provided as part any repairs made to any portion of the initial build-Project, including any occasioned by the filing of any mechanic's, materialman's, construction, or other liens or claims (and all costs or expenses associated with any such lien or claim) asserted, filed, or arising out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-outsuch work. Except as otherwise provided Nothing contained in this Lease shall be deemed or construed in any Exhibit way as constituting the consent of or request by Landlord, express or implied, to this Leaseany contractor, should Landlord make subcontractor, laborer, or materialman for the performance of any alteration labor or improvement the furnishing of any materials for the improvement, alteration, or repair of the Premises or the Project or as giving Tenant any right or authority to contract for or permit the rendering of any labor or the furnishing of any materials that would give rise to a lien against the Premises or the Project.
(N) Tenant shall have the sole responsibility for compliance with all applicable Legal Requirements and Insurance Requirements relative to any such alterations, improvements or additions. Landlord's approval of any plans or specifications shall never constitute an indication, representation or certification that such alterations, improvements or additions will be in compliance with any applicable Legal Requirement or Insurance Requirement or as to the Premises at adequacy or sufficiency of the request alterations, improvements, or additions to which such consent relates. In instances in which several sets of requirements must be met, the strictest applicable requirements shall control.
(O) As used herein, "Insurance Requirements" means the terms of any insurance policy relative to the Project carried by Landlord or Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 1 contract
Alterations. Tenant Lessee shall not make no alterationsor permit any alterations in, additions on or improvements to about the Premises Demised Premises, except for nonstructural alterations not exceeding Twenty-Five Thousand ($25,000.00) Dollars in cost per calendar year, without the prior written consent of Landlord. Landlord's the Lessor, and according to plans and specifications approved in writing by Lessor, which consent shall not be unreasonably withheld as long as withheld. With regard to alterations not requiring Lessor's consent, Lessee shall provide Lessor with copies of all plans and specifications therefor prior to the proposed changes do not affect construction thereof. Notwithstanding the structuralforegoing, electrical or mechanical components or systems Lessee shall not, without prior written consent of the Building and are not visible from Lessor, make any:
(i) Alterations to the structure or exterior of the Premises. Landlord may impose, as a condition Building; (ii) Alterations to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance penetrations of the work. Without limiting the generality roof of the foregoingBuildings and (iii) Alterations visible from outside the Demised Premises to which Lessor may withhold Lessor's consent on wholly aesthetic grounds. All alterations shall be installed at Lessee's sole expense, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable lawslaws and regulations, regulations by a licensed contractor, shall be done in a good and ordinancesworkmanlike manner conforming in quality and design with the Demised Premises existing as of the commencement date hereof, and Landlord shall not diminish the value of either the building or the Demised Premises. All alterations made by Lessee shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord Lessor upon installation and shall not be surrendered with the Premises at the end of the Termdeemed Lessee's personal property; provided, except however, that Landlord may, by notice to Tenant given Lessor shall at the time consent for the alterations is requested, notify Lessee whether Lessee must at the expiration or earlier termination of Landlordthe Demised Term, remove, at Lessee's consent expense, any or all alterations installed by the Lessee and return the Demised Premises to their condition prior to the alteration or improvementinstallation of such alterations, require Tenant to remove by the Expiration Date, or sooner termination date normal wear and tear excepted. Notwithstanding any other provision of this Lease, Lessee shall be solely responsible for the maintenance and repair of any and all or any alterations, decorations, fixtures, additions, improvements and the like installed either alterations made by Tenant or by Landlord at Tenant's request and to repair any damage it to the Premises arising from that removalDemised Premises. Landlord may require Tenant Lessee shall give Lessor written notice of Lessee's intention to remove an improvement provided as part of perform work on the initial build-out pursuant to Exhibit XDemised Premises, if anywhether or not Lessor's consent is required, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement at least twenty (20) days prior to the build-out. Except as otherwise provided in this Lease commencement of such work to enable Lessor to post and record a Notice of Nonresponsibility or in other notice deemed proper before the commencement of any Exhibit to this Leasesuch work, should Landlord make any alteration or improvement to the Premises Lessor, at Lessor's option at the request expiration or earlier termination of Tenantthe Demised Term, Landlord shall be entitled may require Lessee to prompt reimbursement from Tenant for remove some or all costs incurredof any alterations installed without Lessor's consent.
Appears in 1 contract
Sources: Lease (Colonels International Inc)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent , which shall not be unreasonably withheld withheld, conditioned or delayed except as long as otherwise provided hereinbelow. Landlord shall not be required to notify Tenant of whether it consents to any alteration, addition or improvements until it (a) has received plans and specifications therefor which are sufficiently detailed to allow construction of the proposed changes work depicted thereon to be performed in a good and workmanlike manner, and (b) has had five (5) business days to review them. If the alteration, addition or improvement will affect the Building’s Structure, HVAC System, or mechanical, electrical, or plumbing systems, then the plans and specifications therefor must be prepared by a licensed engineer acceptable to Landlord. Landlord’s approval of any plans and specifications shall not be a representation or warranty that the plans or the work depicted thereon will comply with applicable Laws or be adequate for any purpose, but shall merely be Landlord’s consent to performance of the work by Tenant. Upon completion of any alteration, addition, or improvement, Tenant shall deliver to Landlord accurate, reproducible as-built plans therefor. Tenant may erect shelves, bins, machinery and trade fixtures without the consent of Landlord provided that such items (1) do not affect alter the structural, electrical or mechanical components or systems basic character of the Building Premises or the Building; (2) do not overload or damage the same; and are not visible from the exterior of (3) may be removed without damage to the Premises. Unless Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made specifies in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingotherwise, all alterations, additions additions, and improvements shall be Landlord’s property when installed in the Premises; provided, however, the following shall remain Tenant’s property: (a) furniture, movable equipment and other personal property that is not attached to the floors, walls, or improvements affixed ceiling of the Premises; and (b) any other fixture, equipment, or other item, regardless of the manner of attachment, that is used primarily in Tenant’s trade or business and that can be removed as a separate physical unit without damage to the Building and without interference with other tenants’ use and enjoyment of their leased premises. All work performed by a Tenant Party in the Premises (excluding moveable trade fixtures and furnitureincluding that relating to the installation, repair, replacement, or removal of any item) shall become be performed in accordance with all applicable Laws and with Landlord’s specifications and requirements, in a good and workmanlike, lien-free manner, and so as not to damage or alter the property Building’s Structure or the Premises. In connection with any such alteration, addition, or improvement which affects the roof or Building’s Structure, Tenant shall pay to Landlord an administration fee of Landlord and shall be surrendered with the Premises at the end three percent (3%) of all costs incurred for such work. Upon expiration of the TermTerm or termination of Tenant’s right to possess the Premises, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, may require Tenant to remove alterations installed in the Premises by or at the Expiration Daterequest of Tenant (excluding the initial Improvements described on Exhibit "B"), or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that caused by such removal, and to restore the Premises to good condition and repair, ordinary wear and tear excepted. If Landlord may elects to require Tenant to remove an improvement provided any alterations, it must do so by delivering to Tenant written notice thereof at the time Landlord consented to the alteration. Attached hereto as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement "C" is a non-building standard item list of trade fixtures, equipment, or other items that shall remain the property of Tenant. Subject to Landlord’s prior written approval, this list may be updated as alterations and Tenant is notified of the requirement prior additions are made to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredPremises.
Appears in 1 contract
Alterations. Tenant 7.01 Lessee shall not make no alterations, additions or improvements any alteration to the Premises premises without the Lessor's prior written consent of Landlord. Landlord's consent which shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premiseswithheld. Any request for Landlord's consent alterations made shall be made in writing remain on and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end premises on expiration or termination of the Termlease term, except that Landlord may, by notice Lessor can elect before expiration of the term or within thirty (30) days after termination of the term to Tenant given at the time of Landlord's consent require Lessee to remove any alterations that Lessee has made to the alteration or improvementpremises. If Lessor so elects, require Tenant Lessee at its cost shall restore the premises to remove the condition designated by Lessor in its election, before the Expiration Datelast day of the term, or sooner termination date within twenty (20) days after notice of election is given, whichever is later.
7.02 All of said remodeling, alterations, and improvements shall be done pursuant to the terms of this Lease, all or any section and according to such plans and specifications as may be approved by Lessor. All of said alterations, decorationsremodeling and improvements shall be at Lessee's sole cost and expense.
7.03 Any alterations; improvements, fixturesadditions or utility installations in or about the premises that Lessee shall desire to make and which requires the consent of Lessor shall be presented to Lessor in written form with proposed detailed plans. If Lessor shall give consent, additionsthe consent shall-be deemed conditioned upon Lessee's acquiring all necessary permits to do such work or improvements from appropriate governmental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. All such work, improvements and the like installed either by Tenant alterations shall be fast quality in workmanship and materials. Lessee shall notify Lessor at least twenty days in advance of any construction or by Landlord at Tenant's request and to repair any damage delivery of materials to the Premises arising premises so that Lessor may post notices of non-responsibility.
7.04 Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the premises, which claims are or may be secured by any mechanics or materialmen's lien against the premises or any interest therein. If Lessee shall, in good faith contest the validity of any such lien, claim or demand then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the premises, upon the condition that if Lessor shall require, Lessee shall furnish to Lessor a surety bond satisfactory to Lessor in an amount equal to one and one-half times such contested'lien, claim or demand indemnifying Lessor against liability for the same and holding the premises free from that removalthe effect of such lien or claim. Landlord In addition, Lessor may require Tenant Lessee to remove an improvement provided as part of the initial build-out pursuant pay Lessor's attorneys fees and costs in participating in such action if Lessor shall decide it is in Lessor's best interest to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurreddo so.
Appears in 1 contract
Sources: Lease (Valley Commerce Bancorp)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises demised premises (whether or not the same may be structural in nature) without the Landlord's prior written consent. Tenant shall submit plans and specifications for any such work to Landlord for its approval in accordance with Section 4(c) above. In the event Landlord provides such consent of Landlord. Landlord's consent to the Tenant or a contractor working for Tenant to alter or improve the premises or install fixtures or equipment, such work shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. commence until Landlord may impose, as a condition to its consent, any requirements has notified Tenant that Landlord in has completed its discretion may deem reasonable or desirable, including but not limited work and if permission to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as enter the premises prior to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoingcommencement date in Section 2 is granted, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting have no right to possession until after the mechanical or electrical systems of the Buildingcommencement date. Tenant shall obtain all required permits be responsible for compliance with the work governmental rules and regulations including those regarding the obtaining of licenses or permits, reviews and inspections and shall perform the not by its work in compliance interfere with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing ability to obtain inspections and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlorda certificate of occupancy. Unless Landlord otherwise agrees in writing, all alterationsAlternations, additions or improvements affixed made by either party hereto to the Premises (excluding moveable demised premises, except medical trade fixtures or moveable office furniture and furniture) equipment installed at Tenant's expense, shall become be the property of Landlord and shall remain upon and be surrendered with the Premises demised premises at the end expiration of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all Lease term or any alterationsrenewal hereof, decorationsprovided, fixtureshowever, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and any additions made by Tenant is notified of the requirement prior to the build-out. Except as otherwise premises and to repair any damages caused by such removal, and provided in this Lease further, that if Tenant has not removed its property and equipment at the expiration or in any Exhibit to within ten (10) days after termination of this Lease, should Landlord make any alteration or improvement may elect to retain the same as abandoned property. Tenant shall only use contractors approved by Landlord for the permitted alternations to the Premises at premises and shall not permit any mechanics liens to be placed or remain upon the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredpremises.
Appears in 1 contract
Alterations. Tenant ADDITIONS The LESSEE shall not make no alterations, structural alterations or additions or improvements to the Premises without Leased Premises, but may make non-structural alterations provided the prior written consent of Landlord. Landlord's LESSOR consents thereto in writing, which consent shall not be unreasonably withheld as long as or delayed. All such allowed alterations shall be at LESSEE's expense. LESSEE shall procure at LESSEE's sole expense all necessary permits and licenses before undertaking any work on the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Leased Premises. Landlord may impose, as All such work shall be done in a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien good and completion bond satisfactory to Landlord workmanlike manner employing materials of good quality and requirements so as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance conform with all applicable zoning, building, fire, health and other codes, regulations, ordinances and laws, regulations . LESSEE will deliver copies of all necessary permits and ordinances, and Landlord shall be entitled licenses to a supervision fee in LESSOR prior to the amount commencement of five percent (5%) of the cost of the such work. Under no circumstances LESSEE shall Tenant make not permit any improvement which incorporates asbestos-containing construction materials into mechanics' liens, or similar liens, to remain upon the PremisesLeased Premises for labor and material furnished to LESSEE or claimed to have been furnished to LESSEE in connection with work of any character performed or claimed to have been performed a the direction of LESSEE and shall cause any such lien to be released of record forthwith without cost to LESSOR. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions alterations or improvements affixed to made by the Premises (excluding moveable trade fixtures and furniture) LESSEE, shall become the property of Landlord and shall be surrendered with the Premises LESSOR at the end termination of the Term, except that Landlord mayoccupancy as provided herein. Lessor shall, by notice to Tenant given at the time of Landlord's consent to following dates, perform the alteration or improvement, require Tenant to remove by following work in the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements Leased Premises and the like installed either by Tenant or by Landlord Building at TenantLessor's request cost:
(a) By September 1, 1989, install all new Building windows in the Leased Premises.
(b) By September 1, 1989, renovate Building lobby and to repair any damage to passenger elevator cabs in accordance with plans appropriate, in LESSOR's reasonable judgment, for the Premises arising from that removal. Landlord may require Tenant to remove renovation of an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredolder office building.
Appears in 1 contract
Sources: Sublease (Viacell Inc)
Alterations. (a) Except as set forth in this Paragraph 8 or in Paragraph 12, Tenant shall not make no any alterations, additions installations, changes, replacements, additions, or improvements (structural or otherwise) (each an "Alteration") in or to the Premises or any part thereof without the prior written consent of the Landlord. Landlord's consent ; provided, however, that Landlord shall not be unreasonably withheld as long as withhold, condition or delay its consent to any of the proposed changes same which do not affect the structural, electrical mechanical, electrical, hydraulic, plumbing, heating, ventilating or mechanical components or air conditioning systems of serving either the Building and are not visible from the exterior of or the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord All Alterations in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) whether installed with or without Landlord's consent), shall become at the property election of Landlord remain in the Premises and shall be surrendered with the Premises at the end 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, except . Should Landlord elect that Landlord may, Alterations made by notice to Tenant given at in the time of Landlord's consent to the alteration Premises be removed upon expiration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request shall cause same to be removed and to repair any damage to caused thereby and restore the Premises arising from that removal. 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 require suffer and sustain by reason of the failure of Tenant to remove an improvement provided the same and to repair and restore as part set forth above. Tenant shall 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 pursuant out, shall be coordinated with any work being performed by Landlord. As further conditions to Exhibit XLandlord's approval of any proposed Alterations or additions by Tenant which are to be made by a contractor, if anyTenant shall cause the contractor(s) and subcontractor(s) to carry workmen's compensation insurance in statutory amounts, if builder's risk insurance and only if the improvement is a non-building standard item comprehensive public liability insurance with limits as approved by Landlord, and Tenant is notified 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 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 requirement prior Premises and shall not permit or suffer any lien to attach to the build-outPremises, and Tenant shall indemnify and save Landlord harmless from and against any loss, liability, cost, or expense which may be incurred by Landlord with respect to any such lien or claim of lien. Except as Tenant shall promptly cause any such liens which have arisen by reason of any work claimed to have been undertaken by or through Tenant to be released by payment, bond or otherwise provided in this Lease within thirty (30) days after request by Landlord. Tenant shall have no authority or in power, express or implied, to create or cause any Exhibit to this Leaselien, should Landlord make charge, or encumbrance of any alteration or improvement to kind against the Premises at or the request Building. Tenant shall notify all of its contractors and materialmen in writing that any liens relating to any work ordered by Tenant shall attach to Tenant, Landlord 's leasehold estate in the Premises and shall be entitled to prompt reimbursement from Tenant for all costs incurrednot encumber Landlord's interest in the Premises or the Building.
Appears in 1 contract
Alterations. Subject to installation of Tenant Improvements pursuant to Section 5, Tenant shall make no alterationsadditions, additions changes, alterations or improvements (“Work”) to the Premises or any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. All Work shall be at Tenant’s sole cost and shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved in writing by Landlord's consent . Landlord may require that all Work be performed under Landlord’s supervision, and Tenant shall reimburse Landlord for any actual costs reasonably incurred as a result of such supervision which shall not be unreasonably withheld as long as charged for the proposed changes do not affect the structural, electrical or mechanical components or systems installation of the Tenant Improvements noted in Section 5. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or injury done to the Premises or the Building and are not visible from by Tenant or by any persons who may be in or upon the exterior Premises or the Building with the express or implied consent of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableTenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to or supervises any Work by Tenant, the same shall not be deemed a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements warranty as to the manneradequacy of the design, timeworkmanship or quality of materials, and contractor Landlord hereby expressly disclaims any responsibility or liability for performance the same, except with respect to Landlord’s intentional misconduct. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Work. All alterations, additions and improvements except Tenant’s trade fixtures that do not become a part of the work. Without limiting Building shall remain in and be surrendered with the generality Premises as a part thereof at the expiration or sooner termination of the foregoingthis Lease; provided, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Buildinghowever, that Landlord may identify Required Removals on Tenant’s plans. Tenant shall obtain all required permits for the work and shall perform the work in compliance comply with all applicable laws, codes and regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, connection with all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredWork.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Atossa Genetics Inc)
Alterations. Tenant shall You agree that you will not make no any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. Landlord's consent , which consent, as to interior, nonstructural alterations, shall not be unreasonably withheld as long as the proposed changes do not affect the structuralwithheld, electrical delayed or mechanical components or systems of the Building and are not visible from the exterior of the Premisesconditioned. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and If Landlord shall be entitled consent to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed proposed by you, you shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and your insurance policies and only in accordance with plans and specifications approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. You may, without the consent of Landlord, but at your own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as you may deem advisable, without altering the basic character of the Building and without overloading the floor or damaging the Building, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by you may be removed by you prior to the Premises (excluding moveable trade fixtures and furniture) shall become the property termination of Landlord this Lease if you so elect, and shall be surrendered with removed by the date of termination of this Lease or upon earlier vacating of the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or if required by Landlord at Tenant's request and upon any such removal you agree to repair any damage to the Premises arising from that caused by such removal. Landlord may require Tenant All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to remove an improvement provided as part damage the primary structure or structural quality of the initial build-out pursuant Building. Notwithstanding the foregoing, you may make without Landlord's prior consent but only after written notice to Exhibit XLandlord, if any, if and only if the improvement is a non-structural alterations which do not require the issuance of a building standard item and Tenant is notified permit. As to any alteration that does not require Landlord's consent, you will provide Landlord with advance notification of the requirement prior to making of the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredalteration.
Appears in 1 contract
Alterations. Landlord acknowledges that the development / redevelopment of each respective Phase may entail or require the demolition of certain currently existing Buildings upon the Premises. Except for Building No. 1 on Phase I of the Premises, Landlord hereby recognizes and consents to the right of the Tenant to, upon delivery and acceptance by Tenant of possession of the Premises (except any portion thereof as may be retained by Landlord under the terms hereof) demolish any such existing Buildings pursuant to approved Final Plans therefor --- subject to those same requirements, conditions, and representations by Tenant as would be applicable under Section 9 for new construction. Once developed / redeveloped, Tenant shall have the right at any time, with respect to any completed Phase, to make no such alterations, additions changes, or improvements in or to the Premises interior of any Building(s) of the completed Phase as Tenant may deem necessary in the operation of the Premises; provided always, that no work done by Tenant shall materially and adversely affect the structural strength of any such Building(s) without the prior written consent approval of Landlord. However, Tenant shall not make any exterior or structural alterations to any developed / redeveloped Building upon any Phase, without Landlord's written consent, which consent shall not be unreasonably withheld withheld, conditioned, or delayed, as long as said alterations or improvements will not materially diminish the proposed changes do not affect the structural, electrical or mechanical components or systems value of the Building Phase and are not visible from are, in general, architecturally harmonious with the exterior remainder of the Premisespreviously completed Phases of the Premises or the conceptual plans therefor as referenced earlier in this Lease. If Landlord’s consent is required pursuant to this Section 13, Landlord may imposeshall have ten (10) business days after receipt of Tenant's plans to notify Tenant in writing whether Landlord approves or disapproves said plans. If Landlord disapproves Tenant's plans, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien shall set forth with specificity and completion bond satisfactory to Landlord and requirements as detail the objections it has to the manner, timesame, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all changes that are needed to make such work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory acceptable to Landlord. Unless If Landlord otherwise agrees in writingfails to respond within the required time, all Landlord will be conclusively deemed to have approved Tenant's plans therefor. For purposes of any plan review of and approval by Landlord for any such alterations, additions changes, or improvements affixed improvements, such review may be made and approval may be given therefor on behalf of the Landlord (whether or not such review and approval involves a material deviation from any previous submittals of Tenant) by the Executive Director from time to time of the Landlord or his or her designee unless said approval is either a legal requirement for Landlord, or unless Tenant requests, or the Executive Director elects, to have such approval instead made by the Board of Trustees of the Landlord, in which case the request for approval shall thereafter be considered and determined as soon as reasonably possible by the Board of Trustees of the Landlord. Any alterations made by Tenant to any Phase of the Premises which are permanently attached to and made a part thereof shall have the title thereto and any deductions and/or credits applicable thereto treated in the same fashion and subject to the Premises (excluding moveable trade fixtures and furniture) shall become the property provisions of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredSection 11.
Appears in 1 contract
Sources: Lease Agreement
Alterations. a Tenant shall make no alterations, additions or improvements in or to the Premises without the Landlord's prior written consent of Landlord. Landlord's consent consent,* and then only by contractors or mechanics approved by Landlord such consents and approvals by Landlord shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Buildingdelayed. Tenant shall obtain all required permits submit to Landlord plans and specifications for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all proposed alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures Premises, and furniture) may not make such alterations, additions or improvements until Landlord has approved of such plans and specifications. Tenant shall become construct such alterations, additions or improvements in accordance with the property of Landlord plans and specifications approved by Landlord, and shall not amend or modify such plans and specifications without Landlord's prior written consent. If the proposed change requires the consent or approval of any lessor of a superior lease, or the holder of a mortgage encumbering the Premises, such consent or approval must be surrendered secured prior to the construction of such alteration, addition or 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 Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time moving of Landlord's consent equipment to or from the alteration enclosures containing said installations or improvementfacilities. 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, require 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 Insurance Service Office, and of any similar body. Before commencing any work, Tenant to remove shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, if required by Landlord and other than for the Expiration Date, or sooner termination work described in the Work Letter Agreement of even date of this Lease, all or any herewith secure at Tenant's own *unless such alterations, decorations, fixtures, additions, or improvements are less than a cost of Five Thousand and the like installed either by Tenant No/100 Dollars ($5,000.00). **and Landlord agrees to cooperate in obtaining any such consent or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredapproval.
Appears in 1 contract
Sources: Office Building Lease (Stac Inc)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld Tenant, at is own cost and expense, may erect such shelves, bins, machinery and trade fixtures as long as the proposed changes it desires provided that: (i) such items do not affect alter the structuralbasic character of the Premises or the Building and/or improvements of which the Premises are a part; (ii) such items do not overload or damage the Premises, electrical the Building or mechanical components such improvements; (iii) such items may be removed without injury to the Premises; and (iv) the construction, erection or systems installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All alterations, 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 before the earlier to occur of the date of termination of this Lease or vacating of the Premises by Tenant, at which time Tenant shall restore the Premises to their original condition except for reasonable wear and tear. 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 structure qualities of the Building and other improvements situated on the Premises or of which the Premises are not visible from a part. Notwithstanding anything to the exterior contrary contained herein, it is agreed that the use of and access to the roof of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory Building is expressly reserved to Landlord and requirements as is expressly denied to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the BuildingTenant. Tenant shall obtain all required permits for not penetrate the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) roof of the cost of the work. Under no circumstances shall Tenant make Building in any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingmanner, all nor install or construct any alterations, additions or improvements affixed to thereon, nor otherwise use or occupy the Premises (excluding moveable trade fixtures and furniture) shall become roof at any time during the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredTerm hereof.
Appears in 1 contract
Alterations. (a) Tenant shall make no alterationsnot, additions or improvements to the Premises without the prior written consent of Landlord, make any alterations, improvements or additions to the Premises. If Landlord consents to any alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, Landlord's consent approval of plans and specifications for the work (but Tenant shall not be unreasonably withheld entitled to rely upon such approval as long as evidencing that the proposed changes do plans and specifications are proper in any respect), use of Landlord's approved contractors to perform the work, insurance against liabilities which may arise out of such work, permits necessary for such work and as-built drawings upon completion of such work and its completion free of mechanics', materialmen's and similar liens or claims thereof. Tenant shall not affect the structuralbe obligated to provide security for such alterations. All work done by Tenant or its contractors shall be done in a first-class workmanlike manner, electrical using only good grades of materials and without disturbing other tenants and shall comply with all insurance requirements and all applicable laws or mechanical components ordinances and rules and regulations of governmental departments or systems agencies. Any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are compatible with those of the workmen who may be employed in the Building by Landlord, its contractors or subcontractors, and are not visible from Landlord shall have the exterior right, at its option, to directly supervise the work, which supervision shall be for the protection of Landlord's interest only.
(b) If Tenant requests that Landlord, through its contractors, perform the work associated with any alteration, improvement or addition to the Premises. , and Landlord may imposeagrees, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablesole discretion, including but not limited to perform such work, Landlord shall provide Tenant with a requirement that all Tenant Work Order describing the work to be covered performed by a lien and completion bond satisfactory to Landlord and requirements as stating the total cost to Tenant for the manner, time, and contractor for performance of the work. Without limiting the generality Upon Tenant's acceptance of the foregoingTenant Work Order, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits total cost for the work stated therein shall become a sum required to be paid under this Lease and shall perform subject to the provisions of Paragraph 21. All work in compliance with all applicable laws, regulations and ordinances, and performed by Landlord under this subparagraph 8(b) shall be entitled subject to a supervision fee in the amount provisions of five percent subparagraph 8(a).
(5%c) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all All alterations, additions or improvements affixed made by Tenant and all fixtures attached to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and remain at the Premises or, at Landlord's option, any or all of the foregoing shall be surrendered with the Premises removed at the end cost of Tenant before the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, expiration or sooner termination date of this Lease, Lease and in such event Tenant shall repair all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removalcaused by the installation or removal thereof. Landlord may require Tenant shall not permit or suffer any signs advertisements or notices to remove an improvement provided as be displayed, inscribed upon or affixed on any part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified outside or inside of the requirement prior to the build-out. Except as otherwise provided in this Lease Premises, or in any Exhibit to this Leasethe Building, should except on the entrance doors of the Premises, and then only of such size, color and style as Landlord make any alteration or improvement to the Premises at the request of Tenant, may approve. Landlord shall be entitled have the right to prompt reimbursement from Tenant for all costs incurredremove unauthorized signs at Tenant's expense.
Appears in 1 contract
Sources: Lease Agreement (Kbkids Com Inc)
Alterations. Tenant shall make no alterations, additions or improvements to the Premises (any of the foregoing being “Tenant Work”) without the prior written consent of Landlord and only in accordance with the requirements of this Lease and Landlord’s rules and regulations under Section 5.4. Notwithstanding the foregoing, after notice to Landlord but without any requirement for Landlord's consent shall not be unreasonably withheld as long as ’s consent, Tenant may perform (i) cosmetic or decorative alterations in the proposed changes Premises and (ii) other alterations which do not affect the structuralBuilding’s structure or base building systems and which cost no more than $100,000 in the aggregate for a single project, electrical or mechanical components or systems provided that all such alterations are made in accordance the applicable provisions of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablethis Lease, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Buildingwithout limitation this Section 5.9. Tenant shall obtain all required state, local and other necessary permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make before undertaking any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all such alterations, additions or improvements affixed and shall carry such insurance (naming the Indemnitees as additional insureds) and with respect to any project that costs more than $500,000 obtain such payment, performance and ▇▇▇▇ ▇▇▇▇▇ as Landlord shall require (provided that so long as Tenant has not been in monetary default under this Lease on more than three [3] occasions, subject to any applicable notice and cure periods, then Landlord shall not require Tenant to obtain such bonds). Prior to commencing work, Tenant’s contractors shall provide certificates of insurance to Landlord evidencing that such contractors have sufficient insurance to complete the portion of the Tenant Work for which they are responsible, in such form and amounts as may be approved by Landlord in advance. Any alterations, additions and improvements to the Premises, except movable furniture and trade fixtures, shall belong to Landlord. All alterations, additions and improvements to the Premises shall be at Tenant’s sole cost. Tenant shall pay, when due, the entire cost of all Tenant Work so that the Premises shall always be free of liens for labor or materials. If any mechanic’s lien (excluding moveable trade fixtures which term shall include all similar liens relating to the furnishing of labor and furniturematerials) is filed against the Building which is claimed to be attributable to Tenant, its agents, employees, contractors, or persons working under Tenant’s direction or control, then Tenant shall become the property give Landlord immediate notice of Landlord such lien and shall be surrendered with discharge the Premises at the end same by payment or filing any necessary bond within ten (10) days after Tenant has notice (from any source) of the Term, except that such lien. Landlord may, by notice to as a condition of its approval of any Tenant given at the time of Landlord's consent to the alteration or improvementWork project that costs more than $500,000, require Tenant to remove by deposit with Landlord a bond, letter of credit or other similar security in the Expiration Dateamount of Landlord’s reasonable estimate of the value of such Tenant Work securing Tenant’s obligations to make payments for such Tenant Work (provided however that so long as Tenant has not been in monetary default under this Lease on more than three [3] occasions, or sooner termination date of this Lease, all or subject to any alterations, decorations, fixtures, additions, improvements applicable notice and the like installed either by Tenant or by cure periods. then Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may shall not require Tenant to remove an improvement provided as part provide any such security). Landlord’s approval of the initial build-out pursuant construction documents shall signify Landlord’s consent to Exhibit X, if any, if and the work shown thereon only if the improvement is a non-building standard item and Tenant is notified shall be solely responsible for any errors or omissions contained therein. Any approval of Landlord required under this Section 5.9 shall not be unreasonably withheld, conditioned or delayed. A consent required from Landlord under this Section 5.9 with respect to a particular Tenant Work matter may be deemed given in accordance with the following procedure. Tenant shall provide an initial written notice to Landlord (which shall include all materials required under this Section 5.9) with the following written on the outside of the requirement prior delivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN TWENTY DAYS SHALL RESULT IN THE DEEMED APPROVAL OF A TENANT WORK MATTER AFFECTING ALTUS PHARMACEUTICALS INC.’S TENANCY AT 333 ▇▇▇▇▇ STREET IN WALTHAM, MASSACHUSETTS.” If Landlord does not respond to such request within twenty (20) days after delivery to Landlord, Tenant shall provide another written notice to Landlord (which shall also include all materials required under this Section 5.9) with the build-out. Except as otherwise provided in this Lease or in any Exhibit following written on the outside of the delivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF A TENANT WORK MATTER AFFECTING ALTUS PHARMACEUTICALS INC.’S TENANCY AT 333 ▇▇▇▇▇ STREET IN WALTHAM, MASSACHUSETTS.” If Landlord does not respond to this Leasesuch second notice within five (5) Business Days after delivery to Landlord, should then the consent required from Landlord make any alteration or improvement with respect to the Premises at the request of Tenant, Landlord such Tenant Work matter (but no other matter) shall be entitled to prompt reimbursement from Tenant for all costs incurreddeemed given.
Appears in 1 contract
Alterations. Tenant shall not make no alterationsany additions, additions alterations or improvements in or to the Leased Premises ("Alterations") without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structuralwritten consent. The Landlord will review, electrical or mechanical components or systems within 30 calendar days of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consentnotification, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as permanent physical changes to the manner, time, Leased Premises initiated by the Tenant. All planned improvements initiated by the Landlord will be done in consultation with the Tenant to ensure that the work does not interrupt operations and contractor for performance is appropriate to meet programming goals and objectives. During the term of the work. Without limiting the generality of the foregoingthis Lease, Tenant shall use Landlord's designated mechanical and electrical contractors for all will have the right to veto any work affecting the mechanical proposed that does not meet its programming or electrical systems of the Buildinginterpretive goals. Tenant shall obtain all required permits for not permit or allow any lien to be filed or recorded against the work Property or the Leased Premises or Landlord's interest therein and Tenant shall perform fully cooperate with Landlord in obtaining the work protection afforded Landlord under Section ▇▇-▇▇-▇▇▇, C.R.S. All additions, alterations and improvements made in compliance with all applicable lawsor to the Leased Premises by either Landlord or Tenant, regulations including any attached fixtures and ordinancesequipment installed by Tenant, and Landlord shall be entitled to a supervision fee in shall, at the amount of five percent (5%) option of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Leased Premises at the end termination of this Lease or be removed by Tenant at its expense and the Term, except that Landlord may, by notice Leased Premises restored to Tenant given at the time of Landlord's consent its original condition. Subject to the alteration or improvementprovisions of this paragraph, require Tenant may remove all other fixtures and equipment, provided Tenant repairs any damage caused by such removal. The failure of Tenant to remove by its fixtures or any of its property at the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part Lease shall be deemed abandonment of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises such property at the request option of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredLandlord.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Tenant Lessee shall make no alterations, additions alterations in or improvements installations of equipment or to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structuralPremises, electrical or mechanical components or systems of the Building unless and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered until plans and specifications therefore have been approved by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees Lessor in writing, all alterations, additions or improvements affixed to the Premises (excluding . Lessee may remove its moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent prior to the alteration expiration or improvement, require Tenant to remove by the Expiration Date, or sooner earlier termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair provided that Lessee repairs any damage to the Premises arising from that caused by such removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided Nothing in this Lease or in any Exhibit shall, however, be construed to this Lease, should Landlord make any alteration or improvement constitute the consent of Lessor to the Premises at the request creation of Tenantany lien, Landlord and no person shall be entitled to prompt reimbursement any lien on the Building, the Common Areas, the Office Park or the underlying land or related improvements. In the event, despite this provision, a lien is placed thereon, Lessee shall cause such lien to be removed or shall, immediately upon request of Lessor, provide a corporate surety bond satisfactory to Lessor which shall save Lessor harmless under such lien and from Tenant for any interest, costs and attorneys' fees incurred by Lessor in connection therewith. Lessee shall indemnify Lessor from any and all costs incurredand expenses incurred by Lessor as a result of such liens. All approved installations, alterations, additions or other improvements made by Lessee shall be made in good and workmanlike manner, between such hours and by such contractors or mechanics as may be approved in writing by Lessor, and in such a way that utilities will not be interrupted and other tenants and occupants of the Building will not suffer unreasonable inconvenience or interference. Both during and after the performance of any such work, Lessor shall have free access to any and all mechanical installations in the Premises, including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and Lessee agrees not to construct or permit the installation of partitions and/or other obstructions in the Premises, which might interfere with Lessor's free access to the Premises or Building, or impede the free flow of air to and from air vents and other portions of the heating, air conditioning and ventilating systems in the Premises and Building.
Appears in 1 contract
Sources: Office Space Lease Agreement (Able Laboratories Inc)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent ; provided, however, that Landlord shall not be unreasonably withheld as long as the proposed changes withhold its consent to interior, non-structural alterations that cost fewer than $10,000.00 to perform and do not affect the structural, electrical involve roof or mechanical components or systems wall alterations. Landlord hereby approves Tenant’s racking plan attached hereto as Exhibit “B” provided that Tenant obtains all requisite municipal approvals therefor. Any alterations performed by Tenant shall be in accordance with all of the Building terms and are not visible from the exterior conditions of the Premisesthis Paragraph 6. Landlord may impose, as a condition All work to its consent, any requirements that Landlord be performed by Tenant under this Paragraph 6 shall be performed in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered accordance with plans and specifications approved in advance by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable lawscodes, regulations rules, regulations, ordinances and ordinances, laws by licensed contractors who are approved in advance by Landlord and who carry policies of workers’ compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be entitled designated as an additional insured on such certificates. Tenant shall furnish to a supervision fee Landlord written evidence of security to assure Landlord that all work performed pursuant to this Paragraph shall be free and clear of all mechanic’s liens or other liens, encumbrances, security interests and charges. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all costs (including attorneys’ fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the amount of five percent work performed in accordance with this Paragraph. Tenant, at its own cost and expense, may erect such shelves, bins machinery and trade fixtures as it desires provided that (5%a) such items do not alter the basic character of the cost Premises or the Building and/or improvements of which the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into Premises are a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises, and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all All alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either 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 by Landlord at Tenant's request and before the earlier to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part occur of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified date of the requirement prior to the build-out. Except as otherwise provided in termination of this Lease or in any Exhibit to this Leasevacating the Premises, should Landlord make any alteration or improvement to at which time Tenant shall restore the Premises at the request of Tenantto their original condition. All alterations, Landlord installations, removals and restoration shall be entitled performed in a good and workmanlike manner so as not to prompt reimbursement from Tenant for all costs incurreddamage or alter the primary structure or structural qualities of the Building and other improvements situated on the Premises or of which the Premises are a part.
Appears in 1 contract
Alterations. Tenant shall make no not make, without the prior written consent of Landlord, which will not be unreasonably withheld, any alterations, additions or improvements to the Premises without the prior written consent of LandlordPremises. Landlord's decision to refuse such consent shall not be unreasonably withheld as long as the proposed changes do not affect the structuralconclusive. If Landlord consents to such alterations, electrical additions or mechanical components or systems improvements, before commencement of the Building and are not visible from work or delivery of any materials onto the exterior of Premises or into the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoingBuilding, Tenant shall use furnish to Landlord for approval (i) plans and specifications, (ii) names and addresses of contractors, (iii) copies of contracts, necessary permits and licenses and (iv) 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's designated mechanical and electrical contractors for all . In addition, prior to commencement of any such work affecting the mechanical or electrical systems delivery of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction 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 require. Any request for 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 and shall be subject to Landlord's consent shall scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be made connected in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all any way with said alterations, additions or improvements affixed improvements. All contractors and subcontractors must execute a Tenant’s Contractor and Subcontractor Agreement prior to beginning any work on the Premises. Before commencing any to the Premises (excluding moveable trade fixtures Building, including the Premises, occasioned by such alterations, additions and furniture) improvements work in connection with such alterations, additions or improvements, Tenant shall become the property 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 connected in any way with said alterations, additions or improvements. Tenant shall be surrendered permit Landlord to supervise construction operations in connection with the Premises at foregoing work if Landlord requests to do so. Tenant shall pay the end cost of all such alterations, additions and improvements, as well as the Termcost of decorating and repairing any damage, except that Landlord mayincluding the cost of labor and materials, by notice contractors' profits, overhead and general conditions, and a reasonable fee to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or . Upon completing any alterations, decorationsadditions or improvements, fixturesTenant shall furnish Landlord with contractors' affidavits in form required by law, additionsand full and final waivers of lien 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 like installed either by Tenant or by Landlord at Tenant's request requirements of all state and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if federal statutes and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredregulations.
Appears in 1 contract
Alterations. Tenant Lessee shall not make no alterationsor cause to be made any alteration, additions addition, change or improvements improvement to the Leased Premises without the prior written consent of Landlordthe Lessor. Landlord's consent shall not In the event Lessor approves any such alterations, additions, changes or improvements to the Leased Premises, such alterations, additions, changes or improvements will be unreasonably withheld as long as performed at the proposed changes do not affect the structural, electrical or mechanical components or systems sole expense of the Building Lessee. Unless otherwise agreed upon in writing by Lessor, at the termination of this Lease, Lessee shall, if Lessor so elects, remove all alterations, additions, or improvements erected by Lessee and are not visible from restore the exterior of the PremisesLeased Premises to their original condition. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien All such removals and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord restoration shall be entitled accomplished in a good workmanlike manner. If Lessor does not elect to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant have Lessee make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingsuch removals, all alterations, additions or improvements affixed to made in or upon the Premises (excluding moveable trade fixtures and furniture) Leased Premises, either by Lessor or Lessor, shall become the be Lessor's property of Landlord and shall be surrendered with remain upon the Leased Premises at the end termination of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date term of this Lease, all by lapse of time or otherwise, without compensation to Lessee.
11.1 Lessee shall keep the Leased Premises free of any mechanic's lien or encumbrance due to Lessee's alterations, decorations, fixtures, additions, removals or improvements. Lessee agrees to indemnify and hold Lessor or its assigns harmless from any liability resulting from all alterations, additions, changes or improvements and performed on the like installed Leased Premises at the instance of Lessee. Lessee agrees at its sole expense to obtain any necessary permits, approvals or licenses required for said alterations, additions, changes or improvements.
11.2 Neither Lessee, nor any agent, employee or independent contractor of Lessee shall, under any circumstances, puncture, cut, tear or create any opening in the roof structure for any reason, either by Tenant intent or by Landlord at Tenant's request accident. If the same occurs, Lessee shall be responsible for the immediate total cost and repair to place the roof structure back to its original condition. Lessee shall commence repair any within five (5) days of said damage to the roof and shall thereafter diligently and continuously proceed with such repair until completion. In the event said repair is not so commenced and completed, Lessor may, but is not obligated to, enter the Leased Premises arising and conduct or complete said repair at Lessee's sole cost. Any expense so incurred by Lessor shall constitute Additional Rent hereunder and be due and payable within fifteen (15) days of receipt of a notice from that removal. Landlord may require Tenant to remove an improvement provided Lessor as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request amount of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredsaid expense.
Appears in 1 contract
Sources: Business Lease (Stupid Pc Inc /Ga)
Alterations. Tenant shall not make no or allow to be made any alterations, additions or improvements to the Premises Premises, or alterations, either at the inception of the Lease or subsequently during the Term, without obtaining the prior written consent of Landlord. Landlord's , which consent shall not be unreasonably withheld withheld. Tenant shall deliver to Landlord the contractor's name, references and state license number, and a certificate of insurance naming Landlord and Project as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may imposeadditional insureds, as a condition to its consentwell as full and complete plans and specifications of all such alterations, any requirements that Landlord in its discretion may deem reasonable additions or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, timeimprovements, and contractor for performance any subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of the work. Without limiting the generality each of the foregoing. Landlord shall either approve or disapprove any proposed alteration, addition or improvement on or before thirty (30) days following receipt of all of the foregoing items. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like. Further, Tenant shall use Landlordindemnify and hold Landlord and the Building harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures Premises. All alterations, additions or improvements shall remain the property of Tenant until termination of the Lease, at which time they shall, unless otherwise elected by Landlord, by written notice to Tenant, be and furniture) shall become the property of Landlord Landlord. All manufacturing and processing equipment installed by Tenant shall remain the property of Tenant, and shall be surrendered with the Premises removed at the end of the Term, except that . Landlord may, by notice as a condition to Tenant given at the time approval of Landlord's consent to the alteration any such alterations, additions or improvementimprovements, require Tenant to remove any partitions, counters, railings and/or other improvements installed by Tenant during the Expiration DateTerm, or sooner termination date of this Leaseand Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all or any costs arising from such removal. All repairs, alterations, decorations, fixtures, additions, improvements additions and the like installed either restorations by Tenant hereinafter required or permitted shall be done in a good and workmanlike manner and in compliance with all applicable laws and ordinances, building codes, by-laws, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Premises. If required by Landlord Landlord, Tenant shall secure at Tenant's request own cost and expense a completion and lien indemnity bond or other adequate security, including without limitation an indemnity agreement from Tenant's parent in form and substance reasonably satisfactory to repair Landlord. Tenant shall reimburse Landlord for Landlord's reasonable charges (including any damage professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if time) for reviewing and only if the improvement is a non-building standard item approving or disapproving plans and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in specifications for any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredproposed alterations.
Appears in 1 contract
Sources: Lease (Eden Bioscience Corp)
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's , which consent shall not be unreasonably withheld as long as the proposed changes do not affect the structuralwithheld, electrical conditioned or mechanical components delayed. Any alterations, additions or systems improvements performed by Tenant shall be in accordance with all of the Building terms and are conditions of this Paragraph 6. All work to be performed by Tenant under this Paragraph 6 shall be performed in accordance with plans and specifications (or detailed description if a building permit is not visible from required for the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord work) approved in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered advance by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable lawscodes, regulations rules, regulations, ordinances and ordinances, laws by licensed contractors who are approved in advance by Landlord and who carry policies of workers' compensation and liability insurance in minimum coverage amounts acceptable to Landlord. Tenant shall furnish copies of insurance certificates evidencing the required insurance coverage prior to commencing any work and Landlord shall be entitled designated as an additional insured on such certificates. Tenant shall furnish to a supervision fee Landlord written evidence of security to assure Landlord that all work performed pursuant to this Paragraph shall be free and clear of all mechanic's liens or other liens, encumbrances, security interests and charges. Except to the extent resulting from the negligent acts of Landlord or any Landlord Entities, Tenant shall indemnify, defend, protect and hold Landlord Entities harmless from and against any and all costs (including attorneys' fees and court costs), losses, expenses, damages and other liabilities arising out of or in connection with the amount of five percent work performed in accordance with this Paragraph. Tenant, at its own cost and expense, and without Landlord's consent, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (5%a) such items do not alter the basic character of the cost Premises or the building and/or improvements of which the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into Premises are a part, (b) such items do not overload or damage the same, (c) such items may be removed without injury to the Premises. Any request for , and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's consent shall be made in writing specifications and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlordrequirements. Unless Landlord otherwise agrees in writing, all All alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either 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 by Landlord at Tenant's request and before the earlier to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part occur of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified date of the requirement prior to the build-out. Except as otherwise provided in termination of this Lease or in any Exhibit to this Leasevacating the Premises, should Landlord make any alteration or improvement to at which time Tenant shall restore the Premises at the request of Tenantto their original condition, Landlord reasonable wear and tear and casualty damage excepted. All alterations, installations, removals and restoration shall be entitled performed in a good and workmanlike manner so as not to prompt reimbursement from Tenant for all costs incurreddamage or alter the primary structure or structural qualities of the Building and other improvements situated on the Premises or of which the Premises are a part.
Appears in 1 contract
Alterations. Tenant shall make no not make, without the prior written consent of Landlord, any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord's consent Premises; provided, however, that Tenant shall not be unreasonably withheld as long as the proposed changes permitted to make cosmetic, non-structural alterations which do not affect the structuralCommon Building Systems and which do not cost in excess of Five Thousand and 00/100 Dollars ($5,000.00) per calendar year without such Landlord's consent. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations, electrical additions or mechanical components or systems improvements, before commencement of the Building and are not visible from work or delivery of any materials onto the exterior of Premises or into the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoingBuilding, Tenant shall use Landlord's designated mechanical furnish to Landlord for approval plans and electrical contractors for all work affecting the mechanical or electrical systems specifications, names and addresses of the Building. Tenant shall obtain all required contractors, copies of contracts, necessary permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinanceslicenses, and Landlord shall 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 entitled satisfactory to a supervision fee in the amount Landlord. In addition, prior to commencement of five percent (5%) any such work or delivery of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction 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 require. Any request for 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 and shall be subject to Landlord's consent shall scheduling requirements and regulations. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be made connected in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all any way with said alterations, additions or improvements affixed improvements. 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 connected in any way with said alterations, additions or improvements, with such limits as are set forth in the Workletter or as Landlord shall require. Tenant shall permit Landlord to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered supervise construction operations in connection with the Premises at foregoing work if Landlord requests to do so. Tenant shall pay the end cost of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any such alterations, decorationsadditions and improvements, fixtures, additions, improvements as well as the cost of decorating and the like installed either by Tenant or by Landlord at Tenant's request and to repair repairing any damage to the Premises arising from that removalBuilding, including the Premises, occasioned by such alterations, additions and improvements, including the cost of labor and materials, contractors' profits, overhead and general conditions, and a reasonable fee to Landlord. Upon completing any alterations, additions or improvements, Tenant shall furnish Landlord may require Tenant to remove an improvement provided with contractors' affidavits in form required by Landlord or by law, as part is applicable, and full and final waivers of lien 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 initial build-out pursuant to Exhibit X, if any, if requirements of all state and only if the improvement is a non-building standard item federal statutes and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredregulations.
Appears in 1 contract
Sources: Office Lease (AtheroNova Inc.)
Alterations. Tenant shall may make no alterations, additions or improvements to the Premises without (the “Alterations”), only with the prior written consent of Landlord. Landlord's consent , which consent, with respect to Alterations not affecting the structural components of the Premises or utility systems therein or for which the aggregate cost and expense does not exceed $10,000, shall not be unreasonably withheld withheld, conditioned, or delayed. Landlord shall have 30 days following ▇▇▇▇▇▇’s request for Alterations to respond to such request, provided Tenant’s request includes the name of Tenant’s contractors and reasonably detailed plans and specifications therefor. The term “Alterations” shall not include: (i) any of Tenant’s Work approved by Landlord pursuant to Exhibit B, (ii) Tenant’s Signage (as long as further provided in Section 13), or (iii) the proposed changes do not affect installation of shelves, movable partitions, or Tenant’s equipment and trade fixtures that may be installed and removed without damaging existing improvements or the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior structural integrity of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that Tenant shall perform all work be covered by a lien at Tenant’s expense and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable lawslaws and shall complete all Alterations in accordance with plans and specifications approved by Landlord, regulations and ordinancesusing contractors approved by Landlord. Tenant shall pay when due, and Landlord shall be entitled or furnish a bond for payment of (as set forth in Section 18), all claims for labor or materials furnished to a supervision fee or for Tenant at or for use in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make Premises, which claims are or may be secured by any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions mechanics’ or improvements affixed to materialmens’ liens against the Premises or any interest therein. Except as otherwise provided in the Work Letter attached as Exhibit B with respect to Tenant’s Work, any improvements installed as part of Tenant Work’s or Alterations performed or caused to be performed by Tenant (excluding moveable trade fixtures and furniture) check one): shall become the property of Landlord and Landlord, or shall be surrendered with removed by Tenant at its sole cost and expense upon the Premises expiration or earlier termination of the Lease Term (unless Landlord conditioned its consent in writing upon Tenant leaving a specified Alteration at the end of the TermPremises, except that Landlord mayin which case Tenant shall not remove such Alteration, by notice to and it shall become Landlord’s property). Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to shall immediately repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided caused by removal of improvements performed as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred’s Work and/or Alterations.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Tenant shall not make no any alterations, additions or improvements to the Premises without the prior written consent of Landlord. Tenant, at it's own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Premises or the Building, (ii) such items do not overload or damage same, (iii) such items may be removed without injury to the Premises, and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's consent specifications and requirements. Tenant shall be responsible for compliance on the interior of the Premises and all doorways entering the Premises with The Americans With Disabilities Act of 1990, as amended from time to time and with all State and local architectural barriers statutes, as amended and in effect from time to time. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, installations, removals and restorations shall be performed in a good and workmanlike manner so as not be unreasonably withheld as long as to damage or alter the proposed changes do not affect the structural, electrical primary structure or mechanical components or systems structural qualities of the Building and or other improvements situated on the Premises or of which the Premises are not visible from the exterior of the Premisesa part. Landlord may imposeAll alterations, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, timeadditions, and contractor for performance of improvements made by the work. Without limiting the generality of the foregoing, Tenant shall use remain on the Premises as Landlord's designated mechanical and electrical contractors for all work affecting property after the mechanical termination or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date expiration of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurred.
Appears in 1 contract
Alterations. Tenant (A) Lessor, at Lessor's sole expense, shall make no alterations, additions or improvements the renovations to the Metro Level Demised Premises described in the space plans and specifications attached hereto as Exhibit A ("Preliminary Drawing and Specifications") (the "Renovations"). Lessor's obligations shall include without limitation, any and all costs associated with the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical design or mechanical components or systems construction of the Building Renovations, including the costs of permits and are not visible from the exterior licenses and construction management fees, life safety systems and sprinkler installations, space planning, engineering architectural and design fees phone and computer cabling and installation costs, and costs of fixtures, furnishings, and equipment. As part of the Renovations, and included in the cost thereof, Lessor shall restore Lessee's HVAC to good working condition for use in the Metro Level Demised Premises. Landlord may imposeLessor currently estimates the costs of the Renovations shall equal approximately $45,000. Notwithstanding such estimate, as a condition Lessor agrees that it shall be solely responsible for any costs to its consentperform and complete the Renovations in excess of said estimate except to the extent such excess costs are caused by changes to the Renovations requested by Lessee in writing. Notwithstanding anything contained in the Lease to the contrary, any requirements that Landlord Lessor shall maintain and repair the HVAC system in its discretion may deem reasonable or desirablethe Metro Level Demised Premises, including but only to the extent such maintenance and repair is not limited to a requirement that all work be covered by a lien and completion bond satisfactory the service contract required to Landlord and requirements as be obtained by Lessee for such system pursuant to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable laws, regulations and ordinances, and Landlord Lease.
(B) All Renovations shall be entitled to performed by a supervision fee general contractor selected by Lessor in the amount Lessor's discretion ("Lessor's General Contractor"), shall consist solely of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction new materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements good quality and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removalworkmanship. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord The Renovations shall be entitled to prompt reimbursement from Tenant for all costs incurred.purchased and installed by Lessor
Appears in 1 contract
Alterations. (a) Tenant shall make no alterations, additions or improvements in or to the Premises without the Landlord's prior written consent of consent, and then only by contractors or mechanics approved by Landlord. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical free access to mechanical installations or mechanical components or systems service facilities of the Building and are not visible or interfere with the moving of Landlord's equipment to or from the exterior of the Premisesenclosures containing said installations or facilities. All such work shall be done at such times and in such manner as Landlord may impose, as a condition from time to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement time designate. Tenant covenants and agrees that all work done by Tenant shall be covered 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 simular body. Before commencing any work, Tenant shall give Landlord at least ten days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien and completion bond indemnity bond, satisfactory to Landlord and requirements as to the mannerLandlord, time, and contractor for performance of the said work. Without 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 ten days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the Premises made by either party, including (without limiting the generality of the foregoing) all wallcovering, Tenant shall use Landlord's designated mechanical built-in cabinet work, paneling and electrical contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the work and shall perform the work in compliance with all applicable lawslike, regulations and ordinancesshall, and unless Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of the work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writingelects otherwise, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord Landlord, and shall remain upon, and be surrendered with the Premises Premises, as a part thereof, at the end of the Termterm hereof, except that Landlord may, by written notice to Tenant given at the time of Landlord's consent to the alteration or improvementTenant, require Tenant to remove by the Expiration Dateall partitions, or sooner termination date of this Leasecounters, all or any alterations, decorations, fixtures, additions, improvements railings and the like installed either by Tenant, and Tenant shall repair all damage resulting from such removal or, at Landlord's options, shall pay to Landlord all costs arising from such removal.
(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 any time during the lease term when Tenant is not in default hereunder. If Tenant shall fail to remove all of its effects from the Premises upon termination of this Lease for any cause whatsoever, Landlord may, at Tenantits option, remove the same in any manner that Landlord shall choose, and store said effects without liability to Tenant for loss thereof. In such event, Tenant agrees to pay Landlord upon demand any 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 request 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 repair any damage Landlord and upon the expense incident to the Premises arising from that removal. Landlord may require Tenant to remove an improvement provided as part removal and sale of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs incurredsaid effects.
Appears in 1 contract
Sources: Office Building Lease (Virtual Mortgage Network Inc)