Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense
Appears in 5 contracts
Sources: Office Lease, Office Lease, Office Lease
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howevermay, Landlord may relinquish such right of ownership by notice to the installations by giving Tenant thirty (30) given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 5 contracts
Sources: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.)
Alterations. Absent Except as may be otherwise provided in this Lease as to initial Tenant improvements in accordance with Exhibit 4. Tenant shall not, without Landlord’s 's prior written consent, Tenant may make no alterations permit any alteration, improvement, addition or installation in or to the Office. With Landlord’s written consentPremises (all of which is collectively referred to as "Work"), Tenantincluding installation of telephone, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities computer or internal sound or paging systems or other operations similar systems, or services the performance of any decorating, painting and other similar work in the Premises and which are done Premises. In the event Landlord consents to any Work, Landlord reserves the right to cause such Work to be performed by contractors and sub-subcontractors designated by Landlord. Tenant shall pay the cost of preparation of the plans for the Work, all permit fees and the fees of said contractors approved and subcontractors. Except with respect to Work performed by Landlord in every instance. Before making AlterationsLandlord's designated contractor as general contractor, Tenant shall obtain pay to Landlord's then applicable construction supervision fee. Before commencement of any Work or delivery of any materials into the Premises or the Building, Tenant shall furnish to Landlord, for its prior written approval, which approval shall not be unreasonably withheld or delayed, architectural plans and specifications certified by a licensed architect or engineer reasonably acceptable to Landlord, and such other documentation as Landlord shall reasonably request. Tenant agrees to hold Landlord, its beneficiaries and their respective agents, partners, officers, servants and employees forever harmless against all permitsclaims and liabilities of every kind, approvalsnature and description which may arise out of or in any way be connected with any such Work, certificates required except to the extent caused by Landlord's gross negligence. At the request of Landlord, Tenant will deliver a written indemnity against claims or damages to tenants or occupants of any other premises affected by such Work. Tenant shall pay Landlord's reasonable costs of reviewing plans and materials submitted to Landlord for approval. Tenant shall pay the cost of all municipal authorities or other agencies having jurisdiction such Work and the cost of decorating and altering the Premises and the Alterations and upon receiving same, Building occasioned by any such Work. Landlord shall have the right to require Tenant shall to deliver duplicate or certified copies to Landlord of each cash or other security in an amount and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance form acceptable to Landlord prior be held in escrow by Landlord to assure prompt payment for the cost of any such Work and to require Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed 's contractors to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon evidence work▇▇▇'▇ ▇▇▇’s surrender of samepensation, general liability and other insurance coverage, as reasonably required by Landlord. HoweverAll alterations, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipimprovements, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property additions and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining or in the Office after Premises shall become part of the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property Premises at Tenant’s expensethe time of installation.
Appears in 4 contracts
Sources: Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord’s written 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, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, Tenant any requirements that Landlord in its discretion may make no alterations 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 Officemanner, time, and contractor for performance of the work. With Without limiting the generality of the foregoing, Tenant shall use Landlord’s written consent, Tenant, at Tenant’s sole cost designated mechanical and expense, may make alterations, installations and improvements (electrical contractors for all work affecting the “Alterations”) to mechanical or electrical systems of the Office provided they are non- structural in nature, which do not effect the Services, utilities Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated 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. In no event shall Tenant prosecute any alteration work that results in picketing or labor demonstrations in or about the mechanicBuilding or Project. Any request for Landlord’s lien within thirty (30) days of said filing at consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s sole architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the work proposed by Tenant modify the internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and expenseCAD disks compatible with Landlord’s systems. Any installation of materialsUnless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of samethis Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant’s request. HoweverTenant shall repair any damage to the Premises arising from that removal and restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may relinquish such right require Tenant to remove an improvement provided as part of ownership the initial build-out pursuant to Exhibit X, if any, if and only if the installations by giving improvement is a non-building standard item and Tenant thirty (30) days written notice is notified of the requirement prior to the Termination Date 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 such relinquishment of ownershipTenant, in which event, they Landlord shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant entitled to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession prompt payment from Tenant of the Officecost thereof, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇inclusive of the standard coordination fee of Landlord’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensemanagement agent.
Appears in 4 contracts
Sources: Office Space Lease, Office Space Lease (United Business Holdings, Inc), Office Space Lease (Infosonics Corp)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord’s written . 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, Tenant any requirements that Landlord in its discretion may make no alterations 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 Office. With Landlord’s written consentmanner, Tenanttime, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services contractor for performance of the Premises work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and which are done by electrical contractors and sub-contractors approved by Landlord in every instancefor all work affecting the mechanical or electrical systems of the Building. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated in of five percent (5%) of the mechanic’s lien within thirty (30) days cost of said filing at Tenant’s sole cost and expensethe work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any installation of materialsrequest 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 the like furniture) shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of samethe 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. However, Landlord may relinquish such right require Tenant to remove an improvement provided as part of ownership the initial build-out pursuant to Exhibit X, if any, if and only if the installations by giving improvement is a non-building standard item and Tenant thirty (30) days written notice is notified of the requirement prior to the Termination Date 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 such relinquishment of ownershipTenant, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by entitled to prompt reimbursement from Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensefor 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. Absent Landlord’s written consentExcept for those items specified elsewhere herein, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions or improvements (the hereinafter “Alterations”) to the Office provided they are non- structural in naturePremises shall be made by Tenant without the prior written consent of Landlord, which do shall not effect be unreasonably withheld. Landlord shall not be deemed unreasonable for withholding its consent to any Alteration which may affect the Servicesstructural, utilities mechanical, exterior or other operations or services common facilities of the Building, nor for making its approval conditional upon Tenant’s agreement to restore the Premises at the expiration or earlier termination of the Term to its condition prior to such Alteration. All work done in connection with any Alteration shall be done in a good and which are done workmanlike manner employing materials of good quality and in compliance with laws, rules, orders and regulations of governmental authorities having jurisdiction thereof, by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneLandlord. Tenant shall carry be responsible that its contractors abide by all reasonable procedures, rules and regulations as promulgated by Landlord. All Alterations shall be performed in such a manner so as to maintain harmonious labor relations and not to damage the Building or unreasonably interfere with the construction or operation of the Building. Tenant shall indemnify and hold Landlord harmless from additional costs incurred in supplying service or repairing damage caused by Tenant’s contractors. Tenant shall cause to be carried by each contractor and sub-contractor, to carry workmen’s compensationcompensation insurance in statutory amounts covering the employees of all contractors and subcontractors, and comprehensive general liability, personal and property damage insurance, in liability insurance with such amounts limits as Landlord requiresmay reasonably require from time to time during the Term of this Lease, naming Landlord but in no event less than the minimum amount of comprehensive general liability insurance Tenant is required to maintain as insured and Tenant shall deliver evidence of set forth in Article 11 hereof (all such insurance to be written in companies reasonably approved by Landlord and insuring Landlord, Landlord’s mortgagee and Tenant as well as the contractors) and to deliver to Landlord certificates of all such insurance prior to Tenant’s commencing the Alterationscommencement of any work. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to Any Alteration made by Tenant after such consent shall have been done or materials supplied for Tenant or to the Officegiven, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanicand any fixtures installed as part thereof shall, at Landlord’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsoption, fixtures and the like shall become the property of Landlord upon the expiration or other sooner termination of this Lease. If Landlord shall fail to exercise such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeoption, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property Alterations at Tenant’s expensecost upon expiration or termination of this Lease. Tenant shall yield up the Premises in good order and repair, reasonable wear and tear and damage by fire or casualty excepted.
Appears in 3 contracts
Sources: Assignment, Assumption, Amendment and Consent, Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals, Inc.), Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals Inc)
Alterations. Absent Landlord’s written consentTenant will not make any modifications, Tenant may make no alterations to the Office. With Landlord’s written consentimprovements, Tenant, at Tenant’s sole cost and expense, may make alterations, additions or installations and improvements (the collectively, “Alterations”) without Landlord’s prior written consent, which consent will not be unreasonably withheld; provided that Landlord’s consent will not be required for Alterations that do not affect the mechanical, electrical, plumbing, exterior (including, without limitation, the roof membrane) or structural systems of any Buildings and that cost less than $50,000.00 (“Minor Alterations”) so long as Tenant provides prior written notice to Landlord detailing the type and scope of such Minor Alterations (a “Minor Alterations Notice”). Landlord will respond to any written Tenant request for consent to Alterations within 10 business days after Landlord’s receipt of such notice, or if Landlord fails to respond within such 10-business day period, Landlord will be deemed to have granted its consent to such request. 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 Alterations or Minor Alterations. Tenant agrees not to allow such notices to be removed or defaced. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all Claims which may arise out of or be connected in any way with any Alterations (including Minor Alterations) to the Office provided they are non- structural Premises performed by or at the request of Tenant. Absent an agreement by the parties to the contrary, Tenant will pay the cost of all Alterations (including Minor Alterations). Upon completion of the applicable Alterations, Tenant will furnish Landlord with contractor’s affidavits that include full and final waivers of liens for all amounts due for labor and materials in natureconnection with the applicable Alterations. In the case of any Alterations that require Landlord’s consent, which do not effect the Services, utilities or other operations or services Tenant will also provide Landlord with as-built plans and specifications of the Premises and which are done as altered by contractors and sub-contractors approved by Landlord in every instance. Before making such Alterations, Tenant shall obtain if any. All Alterations (including Minor Alterations) will comply with all permitsapplicable Laws and will be constructed in a good and workmanlike manner, approvals, certificates required by any using materials of good quality and free and clear of all municipal authorities liens or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseclaims therefor.
Appears in 3 contracts
Sources: Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations a. At any time and from time to the Office. With Landlord’s written consenttime, Tenant, at Tenant’s sole cost and expense, may make alterations, installations such structural and improvements (the “Alterations”) non-structural alterations and additions to the Office Leased Premises as Tenant desires, provided they are non- that any such alteration or addition when completed shall be of such character as not to diminish the structural in nature, which do not effect the Services, utilities or other operations or services integrity of the Building. Any alterations or additions to the Leased Premises shall comply with all state and which are done by contractors local building codes, laws and sub-contractors approved by Landlord in every instanceordinances. Before making Alterations, Tenant No alterations or additions shall obtain all permits, approvals, certificates required by any unreasonably diminish the utilities and all municipal authorities or other agencies having jurisdiction of building components that service the Leased Premises and the Alterations and upon receiving same, building. Title to any alterations or additions (other than Trade Fixtures) made by Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractorvest in Landlord, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence such documents of such insurance conveyance thereof as Landlord may reasonably request at the expiration or sooner termination of this Lease, Landlord shall cooperate at no out of pocket cost to Landlord prior in securing necessary permits and approvals. Tenant shall not permit any mechanics’ or other liens to stand against the Leased Premises for work or material furnished Tenant.
b. Landlord covenants and agrees that Landlord shall not make any alterations or additions to the Leased Premises without Tenant’s commencing written consent. Landlord shall not permit any mechanics’ or other liens to stand against the AlterationsLeased Premises for work or material furnished to Landlord.
c. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased from an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Should Landlord shall execute and deliver a mechanicdocument commercially reasonably acceptable to Landlord in which Landlord: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Building or Premises, regardless of whether or by what means they become attached thereto; (ii) agrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Building or Premises for the purpose of exercising any right it may have under the provisions of any equipment lease, including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal; and (iv) any such other provisions as may be common and reasonable. Landlord waives any statutory landlord’s lien be filed against and any attachment for rent on the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Trade Fixtures that Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property have or may remove such abandoned property at Tenant’s expensehereafter acquire.
Appears in 3 contracts
Sources: Lease (Natural Grocers by Vitamin Cottage, Inc.), Lease (Natural Grocers by Vitamin Cottage, Inc.), Lease (Natural Grocers by Vitamin Cottage, Inc.)
Alterations. Absent The Tenant shall not make any alteration, addition or improvement to the Leased Premises without prior written consent of the Landlord and Landlord’s mortgagee, which consent shall not be unreasonably withheld except those improvements shown on Exhibit “A”. Upon the expiration of this Lease, Tenant shall not remove any alterations, additions or improvements attached to floors, walls or ceilings or any extension thereof, except Tenant’s equipment and trade fixtures. Any such alterations, additions or improvements (other than Tenant’s equipment and trade fixtures) shall be the property of Landlord and shall remain with the Leased Premises upon termination of this Lease. For any alterations, additions or improvements (“Additional Tenant Improvements”) which the Tenant wishes to make, the Tenant shall provide Landlord and Landlord’s mortgagee with copies of detailed plans and specifications for review and approval, which are prepared and sealed by an architect and/or engineer licensed in the State of Michigan, prior to requesting Landlord’s written consent, and Tenant may make no alterations shall pay all costs incurred in connection therewith and in connection with review or inspection by any engineer or architect retained by Landlord and/or its mortgagee, which costs shall be paid by Tenant within ten (10) days following presentation of an invoice therefor. Tenant shall not commence any work without the prior written consent of Landlord and Landlord’s mortgagee and payment of the above costs. Without limiting the generality of the foregoing, Landlord reserves the right to condition its consent on the appropriateness of the materials proposed to be used by Tenant in relation to the Office. With Landlord’s written consentmaterials comprising the existing improvements, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and the extent to which such improvements (are in harmony with the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction remainder of the Premises and the Alterations impact of proposed improvements on the structural integrity of the building, roof and upon receiving foundation and/or building systems. All permits, inspection fees and all costs associated with the Additional Tenant Improvements shall be paid by Tenant (provided that Landlord shall cooperate, at no cost to Landlord, in connection with any applications or permits which are required to be signed by the owner of the Premises). All work performed by Tenant shall be performed by responsible contractors, shall comply with all applicable provisions of this Lease and shall be accomplished in a manner so as not to void any warranties which may be existing with respect to the Premises. Prior to commencement of any work, and until completion of the same, Tenant shall deliver duplicate obtain and maintain at its sole expense builder’s risk insurance with such carriers and in such amount as may be required by Landlord and its mortgagee, which policy(ies) shall name Landlord and its mortgagee as additional insured, and shall provide that the same shall not be canceled or certified copies amended without thirty (30) days’ prior written notice to Landlord of each and every oneLandlord. Tenant shall carry and cause provide Landlord with a copy of such policy(ies) prior to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and commencing any work. Tenant shall deliver evidence of such insurance to Landlord prior to provide Landlord, at Tenant’s commencing the Alterations. Should a mechanicexpense, with “as-built” construction drawings, certified by Tenant’s lien be filed against the Office and/or Premisesarchitect or engineer, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days following completion of said filing at Tenant’s sole cost and expensethe Additional Tenant Improvements. Any installation of materials, All Additional Tenant Improvements constituting fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to excluding Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon ) shall become the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all sole property of Tenant remaining in Landlord and shall, at the Office after election of Landlord, become encumbered by any mortgage(s) encumbering the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 3 contracts
Sources: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Veri-Tek International, Corp.), Assignment and Assumption of Lease (Veri-Tek International, Corp.)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense
Appears in 3 contracts
Sources: Office Lease, Office Lease, Office Lease
Alterations. Absent Tenant shall not make any alterations, additions, or improvements to the Leased Premises without Landlord’s prior written consent. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of this paragraph upon Landlord’s written consentrequest. All approved alterations, additions, and improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Tenant may make no alterations to the Office. With Landlord’s written consentshall apply for and obtain all requisite approvals, Tenantconsents or permits for such work, at Tenant’s sole cost and expense, . Landlord may make require Tenant to remove any alterations, installations and additions or improvements (whether or not made with Landlord’s consent) at the “Alterations”) termination of this Lease and to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of restore the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsto its prior condition, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsAll alterations, fixtures additions and the like improvements which Landlord has not required Tenant to remove shall become the Landlord’s property of and shall be surrendered to Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender termination of same. Howeverthis Lease, Landlord except that Tenant may relinquish such right remove any of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedremoved without material damage to the Leased Premises. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property repair, at Tenant’s expense, any damage to the Leased Premises caused by the removal of any such furniture or equipment. Tenant shall keep the property free from any and all liens arising out of the work performed or materials furnished in making improvements to the Leased Premises, and if a lien shall be filed will post a bond or otherwise cause same to be removed within five (5) days of notice thereof. Tenant shall not have the right to encumber the Leased Premises, including any covenants and restrictions or liens of any kind whatsoever. Tenant shall strictly comply with the Construction Lien Law of the State of Florida. Tenant agrees to obtain and deliver to Landlord prior to the commencement of any work or alteration or the delivery of any materials, a written and unconditional waiver of contractors’ liens with respect to the Leased Premises, the Building and the parcel for all work, service or materials to be furnished at the request or for the benefit of Tenant to the Premises.
Appears in 2 contracts
Sources: Office Lease Agreement (Sensus Healthcare, Inc.), Office Lease Agreement (Sensus Healthcare, LLC)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord’s written , which consent shall not be unreasonably withheld. If any such improvement requires approval by or notice to the lessor of a superior lease or the holder of a mortgage, no work shall proceed until such approval has been received or such notice has been given. Landlord may impose, as a condition to its consent, Tenant any requirements that Landlord, in its discretion, may make no alterations 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 Office. With Landlord’s written consentmanner, Tenant, at Tenant’s sole cost time and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services contractor for performance of the Premises and which are done by contractors and sub-contractors approved by work. Landlord in every instance. Before making Alterations, may require that Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of enter into an agreement with Landlord for the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause work to be carried performed by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished 's contractor, in which event Tenant shall pay to Landlord, the cost of construction as incurred by Landlord. Should Landlord authorize Tenant to perform the work with a contractor approved by Landlord, Tenant shall obtain all required permits for the work and shall perform the work in `compliance with all applicable laws, regulations and ordinances. of Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for ▇▇▇▇▇▇▇▇'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 its part of the initial build-out pursuant to Exhibit H, 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. Within thirty (30) days after completion of Tenant's alterations requiring the submission of plans to Landlord, Tenant shall immediately restore furnish to Landlord a complete set of "as-built" plans and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensespecifications.
Appears in 2 contracts
Sources: Assignment of Lease (NBC Internet Inc), Assignment of Lease (Xoom Inc)
Alterations. Absent Tenant may make alterations, improvements, additions, installations, or changes to the Premises (any of the preceding, “Alterations”) only if: (i) Tenant first obtains Landlord’s written consentconsent (which consent may not unreasonably be withheld, conditioned, or delayed), (ii) Tenant complies with all conditions, which may be imposed by Landlord, including but not limited to Landlord’s selection of specific contractors or construction techniques (but Landlord may not unreasonably impose such restrictions), and (iii) Tenant pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in determining whether to approve any such Alterations. At least 30 days before making any Alterations, Tenant may make no alterations shall submit to the OfficeLandlord, in written form, proposed detailed plans of such Alterations. With Landlord’s written consentTenant shall, Tenantbefore commencing any Alterations, at Tenant’s sole cost cost, (i) acquire (and expense, may deliver to Landlord a copy of) a permit from appropriate governmental agencies to make alterations, installations and improvements such Alterations (the “Alterations”) to the Office provided they are non- structural in nature, any conditions of which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, permit Tenant shall obtain all permitscomply with, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost cost, in a prompt and expense. Any expeditious manner), (ii) provide Landlord with 10 days’ prior written notice of the date the installation of materialsthe Alterations is to commence, fixtures which notice must explicitly remind Landlord to post and record an appropriate notice of non-responsibility, and (iii) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of Tenant’s employees installing or involved with such Alterations (which insurance Tenant shall maintain in force until completion of the like Alterations). All Alterations shall upon installation become the property of Landlord upon such installation and shall remain on and be surrendered with the Premises on termination of this Lease, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing at the Office upon ▇▇▇▇▇▇’s surrender of same. However, time Landlord may relinquish such right of ownership consents to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipAlteration, in which event, they shall become Tenant’s Tenant shall, at its sole cost, on or before the Expiration Date or earlier termination of this Lease, repair and must be removed upon restore the Termination Date. Nothing herein is meant Premises to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession condition of the Office, Premises prior to the installation of the Alterations which are to be removed. Tenant shall remove pay all personal property costs for Alterations and installations other construction done or caused to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished be done by Tenant and Tenant shall immediately restore keep the Premises free and repair clear of all mechanics’ and materialmen’s lien’s resulting from or relating to any Alterations or other construction. The term “Alteration” does not include any of the Office to following that condition existing on the Commencement Date. Any are paid for and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned installed by Tenant and Landlord may either retain such abandoned property or Tenant may remove such abandoned property any of the following that are paid for and installed by Tenant at any time: Tenant’s expensepersonal property, equipment, capital equipment, fume hoods, fume snorkels, de-ionized water skids, vacuum pumps, dehumidification units, uninterruptible power supplies, warehouse racks, parts racks, scientific research equipment, portable cold rooms, moveable unattached lunch room and office furnishings and equipment, telecommunications and data equipment (other than cabling), machine shop tools and portable equipment, portable glass wash equipment, equipment monitoring systems, air compressors and emergency generators (collectively, the “Equipment”). Notwithstanding the foregoing, if installation of any of the Equipment materially effects any of the improvements within the Project, the installation itself (but not the Equipment) is considered an Alteration and subject to the requirements of this Article 13. Landlord acknowledges that Landlord has no lien, right, claim, interest or title in or to the Equipment, except to the extent remaining at the Project after termination of this Lease. Tenant may grant a security interest in the Equipment. Within 14 days following Tenant’s written request, Landlord shall execute an acknowledgement of the foregoing in a commercially reasonable form for the benefit of the secured party under a security interest granted in accordance with the preceding sentence, allowing the secured party or equipment lessor access to the Premises for removal of the Equipment, subject to Landlord’s reasonable restrictions.
Appears in 2 contracts
Sources: Sublease Agreement (Anadys Pharmaceuticals Inc), Lease Agreement (Phenomix CORP)
Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises as a part thereof on the termination of samethis lease. HoweverSuch alterations, Landlord additions, and improvements may relinquish such right only be made with the prior written consent of ownership Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the installations leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade. Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon the Termination Date and surrender termination of possession of the Officethis lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation or removal of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.
Appears in 2 contracts
Sources: Commercial Lease (United Oilfield Services Inc), Commercial Lease (Penge Corp)
Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises as a part thereof on the termination of samethis lease. HoweverSuch alterations, Landlord additions, and improvements may relinquish such right only be made with the prior written consent of ownership Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the installations leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alteration. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon the Termination Date and surrender termination of possession of the Officethis lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.
Appears in 2 contracts
Sources: Commercial Lease, Commercial Lease
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender approval, require Tenant to remove by the Expiration Date or sooner termination date of same. Howeverthis Lease, Landlord may relinquish such right of ownership all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the installations Work Letter) installed either by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 2 contracts
Sources: Lease (Medicinova Inc), Lease (Acacia Research Corp)
Alterations. Absent Except for cosmetic alteration projects that do not exceed $25,000.00 in aggregate cost during the Term and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, which Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not effect affect the Servicesstructural, utilities electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable; provided that, for projects that do not exceed $50,000.00, Landlord shall not require Tenant to post a lien or completion bond. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost Work Letter), but excluding moveable trade fixtures, furniture, office/telephone equipment, computers, and expense. Any installation of materialsother personal property, fixtures and the like shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right of ownership may, by notice to the installations by giving Tenant thirty (30) given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date. Nothing herein is meant to give Landlord any ownership rights in “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s trade fixturesrequest, office furniture and equipment Landlord shall advise Tenant in writing as to which can be easily moved. Upon the Termination Date and surrender of possession portions of the Officesubject Alterations are Required Removables. If Landlord fails to respond to any request for consent within the 10 day period set forth in the preceding sentence, Tenant shall remove all personal property and installations have the right to which ▇▇▇▇▇▇▇▇provide Landlord with a second request for consent. Tenant’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office second request for consent must specifically state that Landlord’s failure to that condition existing on the Commencement Date. Any and all property respond within a period of Tenant remaining in the Office after the Termination Date 5 business days shall be deemed abandoned to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseshall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.
Appears in 2 contracts
Sources: Lease (Lombard Medical, Inc.), Lease (Lombard Medical, Inc.)
Alterations. Absent Except for cosmetic alteration projects that do not exceed $20,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review T▇▇▇▇▇’s architectural plans, and the reasonable cost of that review shall be reimbursed by T▇▇▇▇▇. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by T▇▇▇▇▇ and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender approval, require Tenant to remove by the Expiration Date or sooner termination date of same. Howeverthis Lease, Landlord may relinquish such right of ownership all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the installations Work Letter) installed either by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 2 contracts
Sources: Lease Agreement (Robot Cache US Inc.), Lease Agreement (Robot Cache US Inc.)
Alterations. Absent Landlord’s written consentA. From time to time after delivery of the Vessel into Charterer's service, Tenant Charterer may make no structural and other alterations to the Office. With Landlord’s Vessel, its machinery, or electrical equipment, only with Owner's prior written consentapproval, Tenantwhich shall not be unreasonably withheld, at Tenant’s sole cost and expense, may make alterations, installations and improvements (provided the “Alterations”) alterations to the Office provided they Vessel and its equipment are non- structural in nature, which do not effect returned to their original state at or prior to the Services, utilities or other operations or services termination of this Charter and Redelivery of the Premises Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for such equipment should the lease permit or may require Charterer to have such equipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, Charterer shall have the right to remove same upon Redelivery, provided that if Owner desires to retain the equipment on board the Vessel, it may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by this Article are subject to approval by the Vessel's classification society and, if required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that certain Master Lease Agreement (Palm Beach Princess and which Empress II Gaming Equipment), dated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and Charterer and ITGV ("Master Lease"), as lessee, without the prior written approval of PDS Gaming Corporation and Owner.
B. Charterer's house colors are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationscurrently painted on the Vessel, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Vessel shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause continue to be carried by each contractor so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause for all associated costs therefor. Prior to be paid or file a bond Redelivery, Charterer shall rename the Vessel at its expense in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of sameaccordance with Owner's reasonable instructions. However, Landlord may relinquish such Owner shall in no event have the right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date use of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Charterer's trademark following Redelivery.
C. The Vessel shall be deemed abandoned by Tenant kept painted and Landlord may either retain such abandoned property or may remove such abandoned property metal surfaces preserved at Tenant’s expenseall times, and Charterer shall maintain the Vessel in as good a condition as delivered, normal wear and tear excepted.
Appears in 2 contracts
Sources: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc), Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)
Alterations. Absent Tenant shall not make or suffer to be made any alterations, additions, or improvements to or of the Premises or any part thereof without Landlord’s prior written consent, Tenant which Landlord may make no withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural alterations costing less than fifty thousand dollars ($50,000.00) that are not visible from the exterior of the Premises. All alterations, additions, and improvements to the Office. With Premises, including but not limited to floor coverings, wall coverings, window coverings, paneling, and built-in cabinet work, but excluding movable furniture, trade fixtures, and other unattached personal property, shall on the expiration of the Term become a part of the realty and belong to Landlord, and shall be surrendered with the Premises whether or not installed with Landlord’s written consent. Notwithstanding the foregoing, TenantTenant shall, at Tenant’s its sole cost and expense, may make remove any alterations, installations and additions, or improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved designated for removal by Landlord in every instance. Before making Alterations, upon written notice given to Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days after the termination of said filing this Agreement. If Tenant receives any such designation at least ten (10) days before the termination of this Agreement, the removal shall be completed prior to termination. Otherwise the removal shall be completed within ten (10) days after Tenant’s receipt of Landlord’s designation. Tenant shall repair any damage to the Premises caused in connection with the removal of any items pursuant to this Article and restore all damaged areas to a condition consistent with the surrounding finish. Landlord’s consent to any alterations, additions, or improvements, when given, shall be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be required, all at Tenant’s sole cost and expense. Any installation of materialsAll alterations, fixtures additions, and the like improvements shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations be made by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become at Tenant’s sole cost and must be removed upon the Termination Dateexpense by licensed contractors and in compliance with all laws and regulations. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the OfficeIf requested by Landlord, Tenant shall remove all personal property provide a Payment and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000). Each contractor must first be approved in writing by Landlord. Tenant shall immediately restore cause its contractors to submit to Landlord prior to entering the Premises certificates and repair endorsements evidencing liability insurance meeting the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at requirements for Tenant’s expensecommercial generally liability policy set forth in Article 10 hereof and workers compensation and employer’s liability coverage as required by law. Each commercial general liability policy shall name as additional insureds Landlord, Landlord’s property manager, and Landlord’s Mortgagees.
Appears in 2 contracts
Sources: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.)
Alterations. Absent Except for alteration projects costing less than $5,000.00 and satisfying the criteria in the next following sentence (which work shall require notice to Landlord, but not Landlord’s consent), 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, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, Tenant any requirements that Landlord in its discretion may make no alterations 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 Officemanner, time, and contractor for performance of the work. With Without limiting the generality of the foregoing, Tenant shall use Landlord’s written consent, Tenant, at Tenant’s sole cost designated mechanical and expense, may make alterations, installations and improvements (electrical contractors for all work affecting the “Alterations”) to mechanical or electrical systems of the Office provided they are non- structural in nature, which do not effect the Services, utilities Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated 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. In no event shall Tenant prosecute any alteration work that results in picketing or labor demonstrations in or about the mechanicBuilding or Project. Any request for Landlord’s lien within thirty (30) days of said filing at consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s sole architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the work proposed by Tenant modify the internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and expenseCAD disks compatible with Landlord’s systems. Any installation of materialsUnless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of samethis Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant’s request. HoweverTenant shall repair any damage to the Premises arising from that removal and restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may relinquish such right require Tenant to remove an improvement provided as part of ownership the initial build-out pursuant to Exhibit X, if any, if and only if the installations by giving improvement is a non-building standard item and Tenant thirty (30) days written notice is notified of the requirement prior to the Termination Date 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 such relinquishment of ownershipTenant, in which event, they Landlord shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant entitled to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession prompt payment from Tenant of the Officecost thereof, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇inclusive of the standard coordination fee of Landlord’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensemanagement agent.
Appears in 2 contracts
Sources: Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (Intercept Pharmaceuticals Inc)
Alterations. Absent Except for Pre-Approved Alterations, Tenant will not make or suffer to be made any major alterations, additions or improvements to or of the Demised Premises or any part of the Demised Premises, or attach any fixtures or equipment to the Demised Premises, without first obtaining Landlord’s written consent. All such alterations, additions and improvements consented to by Landlord will be performed by contractors and subject to conditions specified by Landlord (which may include Landlords approval of Tenants contractors, requiring the posting of a mechanic’s or materialmen’s ▇▇▇▇ ▇▇▇▇, Insurance naming Landlord as “Additional Insured”). Subject to Tenant’s rights in Article 16.00, all alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or upon the Demised Premises either by Tenant or Landlord, will immediately become Landlord’s property and at the end of the Term will remain on the Demised Premises without compensation to Tenant. Other than Pre-Approved Alterations, by notice given to Tenant no less than ten (10) days prior to the expiration of this Lease, Landlord may require that Tenant remove any or all alterations, additions, fixtures and improvements which are made in or upon the Demised Premises after the initial improvements to the Demised Premises unless specified to the contrary they shall be removed by Tenant. In that event, Tenant may make no alterations to the Office. With Landlord’s written consentwill remove such alterations, Tenantadditions, fixtures and improvements at Tenant’s sole cost and expense, may make will restore the Demised Premises to the condition in which they were before such alterations, installations additions, fixtures, improvements and improvements (additions were made, reasonable wear and tear excepted. For the “Alterations”) to purposes of this Lease, Pre-Approved Alterations shall mean those alternations described in the Office provided they Tenant’s Work Exhibit attached hereto as Exhibit C. Such Pre-Approved Alterations are non- structural in nature, which do not effect hereby approved by the Services, utilities or other operations or services written consent of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in not require removal at the Office upon ▇▇▇▇▇▇’s surrender expiration of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Alterations. Absent Except for cosmetic alterations and projects that do not exceed $50,000.00 during any calendar year of the Term, that do not require a permit from the City of Irvine and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, which Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not effect affect the Servicesstructural, utilities electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, provided that, for projects that do not exceed $100,000.00, Landlord shall not require Tenant to post a lien or completion bond. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 3% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect and/or engineers to review Tenant’s architectural, mechanical and electrical plans, and the reasonable cost of that review shall be reimbursed by Tenant Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials supplied for Tenant or of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost Work Letter), but excluding moveable trade fixtures, furniture, office/telephone equipment, computers and expense. Any installation of materials, fixtures and the like other personal property shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right of ownership may, by notice to the installations by giving Tenant thirty (30) given at least 45 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date. Nothing herein is meant to give Landlord any ownership rights in “Required Removables”), and to replace any non-Standard Improvements made by Tenant with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable and Landlord shall advise Tenant as to which Alteration or any portion thereof shall be deemed a Required Removable within 10 days after receipt of Tenant’s trade fixtures, office furniture and equipment which can be easily movedrequest. Upon If Landlord fails to respond to any request for consent within the Termination Date and surrender of possession of 10 day period set forth in the Officepreceding sentence, Tenant shall remove all personal property and installations have the right to which ▇▇▇▇▇▇▇▇provide Landlord with a second request for consent. Tenant’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office second request for consent must specifically state that Landlord’s failure to that condition existing on the Commencement Date. Any and all property respond within a period of Tenant remaining in the Office after the Termination Date 5 days shall be deemed abandoned to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseshall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.
Appears in 2 contracts
Sources: Lease (Inari Medical, Inc.), Lease (Inari Medical, Inc.)
Alterations. Absent Within a reasonable time period following Landlord’s receipt of a written consent, request by Tenant may make no alterations to given the Office. With availability of Landlord’s written consentemployees, TenantLandlord shall, at Tenant’s sole cost and expense, may make alterationsperform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), installations electrical and improvements (plumbing systems within the “Alterations”) to Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services event that Tenant so requests that Landlord perform any of the Premises and foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which are done request shall be accompanied by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence reasonable documentation of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officecosts and expenses), Tenant shall pay or cause to be paid or file a bond in Landlord the amount stated incurred by Landlord in connection with the mechanic’s lien within thirty (30) days performance of said filing at such work on Tenant’s sole cost and expense. Any installation of materials, fixtures behalf (and the like reimbursement of such costs and expenses shall become be deemed Additional Rent for purposes of this Lease). Subject to the property terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord upon by the terms of this Lease, to the extent such installation insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall remain not be required in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeveran emergency), Landlord may relinquish such right of ownership to make the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershiprepairs, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair pay the Office reasonable cost of the repairs, together with a reasonable administrative charge not to that condition existing on exceed to 10% of the Commencement Date. Any and all property cost of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserepairs.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)
Alterations. Absent Landlord’s written consentSubject to the requirements of Section 12 of the Primary Lease, Tenant may provided that Subtenant submits reasonably detailed plans therefor to Sublandlord and to Primary Landlord at least fifteen (15) business days before the commencement of construction, Subtenant shall be entitled to make no interior, non-structural alterations to the OfficeSublease Space from time to time, including, without limitation, the removal or relocation of interior, non-load bearing walls and partitions. With Landlord’s Subtenant shall make no structural or exterior changes or alterations to the Sublease Space without the prior written consentconsent of Primary Landlord and Sublandlord. The consent of Sublandlord shall not be unreasonably withheld or delayed. Subtenant shall, Tenantprior to the expiration or earlier termination of this Sublease, at Tenant’s its sole cost and expense, may make alterations, installations and improvements (restore the “Alterations”) Sublease Space to the Office provided they are non- structural condition that existed prior to the making of any alterations made by Subtenant (ordinary wear and tear and any alterations consented to by Primary Landlord and Sublandlord excepted, unless such restoration was a condition to such consent), if then requested to do so by Sublandlord and Primary Landlord. This obligation of restoration shall expressly survive the expiration or earlier termination of this Sublease. Any work performed by Subtenant, or at its instance, in naturethe Sublease Space shall be done in good and workmanlike manner using materials of the same quality as used by the Primary Landlord in constructing the building on the Primary Property. Subtenant shall not, at any time, permit any work to be performed in the Sublease Space, except by duly licensed contractors or artisans, each of whom must carry adequate workmen’s compensation insurance, general public liability insurance, and “all-risk” builders risk insurance, certificates of which do not effect shall be furnished to Primary Landlord and Sublandlord prior to commencement of any such work. Subtenant shall keep the ServicesSublease Space free and clear of all mechanic’s liens arising out of any work performed or alleged to be performed for or at the request of Subtenant or its agents or subtenants. Nothing contained in this Sublease shall constitute any consent or request by Primary Landlord or Sublandlord, utilities express or implied, for the performance of any labor or services, or the furnishing of any materials or other operations property in respect to the Sublease Space, or services any part thereof, nor as giving Subtenant any right, power or authority to contract for, or permit the performance of, any labor or services, or the furnishing of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities materials or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insuranceproperty, in such amounts fashion as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence would permit the making of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed any claim against the Office and/or Premises, for work done Primary Landlord and Sublandlord or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond their respective interests in the amount stated Property in respect thereof. In the mechanic’s event such work results in a claim of lien, Subtenant shall hold Primary Landlord and Sublandlord harmless from such lien within thirty (30) days or claim of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselien.
Appears in 2 contracts
Sources: Sublease, Sublease (Trimeris Inc)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations Notwithstanding anything in this Sublease to the Officecontrary, except as otherwise expressly provided in this Section 9, Subtenant shall not make any alterations, improvements, or additions to the Sublease Space (“Alterations”) without the prior written consent of Sublandlord and of Landlord. With Subtenant shall reimburse Sublandlord for all out-of-pocket costs payable by Sublandlord with regard to reviewing any proposed Alterations and all other reasonable out-of-pocket costs Sublandlord may incur in connection with reviewing Subtenant’s proposed Alterations including, without limitation, fees and costs for engineers, architects, attorneys and other consultants. Upon expiration of the Sublease Term, to the extent allowed under the Prime Lease, Subtenant shall remove (i) all of its trade fixtures and personal property from the Sublease Space and repair any damage resulting from such installation or removal, and (ii) upon request from Sublandlord or Landlord’s written consent, Tenantall Alterations that either had not been approved by Sublandlord and/or Landlord in writing, or for which Sublandlord or Landlord required their removal at the time they granted their consent in connection therewith, and Subtenant shall promptly restore the Sublease Space to the condition then existing prior to such removal. Notwithstanding anything in this Sublease to the contrary, if Landlord notifies Sublandlord to remove any Alterations at the expiration or earlier termination of the Prime Lease, then Subtenant, at Tenant’s its sole cost and expense, may make alterations, installations and improvements (shall remove such Alterations before the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities Expiration Date or other operations or services earlier termination of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancethis Sublease. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond The obligations set forth in the amount stated in preceding sentence shall survive the mechanic’s lien within thirty (30) days termination or expiration of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Sublease.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Verrica Pharmaceuticals Inc.)
Alterations. Absent Landlord’s written consentSubject to the terms and provisions of this Sublease, Tenant may Subtenant shall accept the existing improvements to the Premises in their “as is” condition as of the date hereof and shall have no obligation to remove those existing improvements at the end of the Term. Additionally, Subtenant shall have no obligation to remove the existing raised flooring at the end of the Term. Subtenant shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make other alterations, installations and installations, additions or improvements (the collectively, “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of about the Premises and which are done by contractors and sub-contractors approved by without the prior written consent of Prime Landlord in every instance. Before making Alterationseach instance as provided in the Prime Lease, Tenant it being understood that any Alterations consented to by Prime Landlord shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed deemed to have been done consented to by Sublandlord provided and on condition that (a) Prime Landlord’s consent states that neither Subtenant nor Sublandlord shall be required to restore the Premises upon expiration or materials supplied for Tenant or earlier termination of this Sublease to the Officecondition prior to such installation of Alteration and (b) all requests for such consent shall be delivered to Sublandlord for delivery to Prime Landlord. If Prime Landlord’s consent does not so state, Tenant then Sublandlord’s consent to such alterations shall pay not be unreasonably withheld, conditioned or cause to delayed. All Alterations shall be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing performed by Subtenant at Tenant’s its sole cost and expenseexpense and in compliance with all of the provisions of the Prime Lease, including the provisions requiring Prime Landlord’s prior written consent. Any installation In the event that Subtenant shall make any Alterations, Subtenant shall, if required by Prime Landlord and Sublandlord, upon consent for making such Alteration, restore the Premises to their original condition at the commencement of materials, fixtures the Sublease (reasonable wear and tear excepted) at the like shall become the property expiration of Landlord upon such installation and shall remain this Sublease. Subtenant will only be required to restore Specialty Alterations (as defined in the Office upon ▇▇▇▇▇▇Prime Lease) if required by Prime Landlord. Subtenant hereby indemnifies and holds Sublandlord harmless from any liability, it may incur to Prime Landlord or others resulting from Subtenant’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseAlterations.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Getty Images Inc)
Alterations. Absent Landlord’s written consentA. From time to time after delivery of the Vessel into Charterer's service, Tenant Charterer may make no structural and other alterations to the Office. With Landlord’s Vessel, its machinery, or electrical equipment, only with Owner's prior written consentapproval, Tenantwhich shall not be unreasonably withheld, at Tenant’s sole cost and expense, may make alterations, installations and improvements (provided the “Alterations”) alterations to the Office provided they Vessel and its equipment are non- structural in nature, which do not effect returned to their original state at or prior to the Services, utilities or other operations or services termination of this Charter and Redelivery of the Premises Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for such equipment should the lease permit or may require Charterer to have such equipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, Charterer shall have the right to remove same upon Redelivery, provided that if Owner desires to retain the equipment on board the Vessel, it may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by this Article are subject to approval by the Vessel's classification society and, if required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that certain Master Lease Agreement (Palm Beach Princess and which Empress II Gaming Equipment), dated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and Charterer and ITGPB ("Master Lease"), as lessee, without the prior written approval of PDS Gaming Corporation and Owner.
B. Charterer's house colors are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationscurrently painted on the Vessel, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Vessel shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause continue to be carried by each contractor so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause for all associated costs therefor. Prior to be paid or file a bond Redelivery, Charterer shall rename the Vessel at its expense in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of sameaccordance with Owner's reasonable instructions. However, Landlord may relinquish such Owner shall in no event have the right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date use of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Charterer's trademark following Redelivery.
C. The Vessel shall be deemed abandoned by Tenant kept painted and Landlord may either retain such abandoned property or may remove such abandoned property metal surfaces preserved at Tenant’s expenseall times, and Charterer shall maintain the Vessel in as good a condition as delivered, normal wear and tear excepted.
Appears in 2 contracts
Sources: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc), Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements Premises (the “Alterations”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, provided however that Tenant may make non-structural alterations costing less than $10,000 per event without Landlord’s consent. Regardless of whether Landlord’s consent for an Alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior to the Office provided they are non- structural commencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in nature, which do not effect accordance with the Services, utilities or other operations or services laws of the Premises and state in which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises are located. All Alterations made by Tenant, whether or not subject to Landlord’s consent, shall be performed by Tenant and the Alterations its contractors in a first class workmanlike manner and upon receiving same, permits and inspections shall be obtained from all required governmental entities. Landlord shall respond to Tenant shall deliver duplicate or certified copies to Landlord within fifteen (15) business days of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence actual receipt of such insurance to Landlord prior to Tenant’s commencing the written request for consent to any Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed If Landlord fails to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien respond within thirty (30) days of said filing actual receipt, the Alterations shall be deemed approved and not subject to removal at Tenantthe end of the Term. At the time Landlord gives its consent to any Alterations, it shall designate whether Tenant will be required to remove some or all of such Alterations upon the expiration or termination of this Lease or whether Tenant will be able to leave the Alterations and surrender them with the Premises. Everything else notwithstanding, in no event will Tenant be required to remove or restore Alterations that are generic office tenant improvements or engineering (dry) labs. Landlord may, upon 60 days prior written notice before the expiration of the Term, require Tenant to remove some or all of the Alterations for which Landlord’s sole consent was not previously requested. Before the last day of the Term, Tenant shall at its own cost and expensealso remove those Alterations for which Landlord previously notified Tenant removal would be required. Any installation of materialsIf Landlord so elects, fixtures and the like Tenant shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership at its own cost restore those Alterations for which consent was not previously requested to the installations condition designated by giving Tenant thirty (30) days written notice prior to Landlord in its election, before the Termination Date last day of such relinquishment of ownership, the Term. Should Landlord consent in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and writing to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession Alteration of the OfficePremises, Tenant shall remove contract with a contractor approved by Landlord for the construction of such Alterations, shall secure all personal property appropriate governmental approvals and installations permits, and shall complete such Alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding anything in this Lease to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished the contrary, Landlord will inspect the existing alterations and improvements in the Premises within ninety (90) days of the date the Lease is executed in full by both parties, and Tenant shall not be obligated to remove any elements of the existing alterations and improvements that Landlord approves, but subject to the paragraph immediately restore above, shall be obligated to remove as of the Expiration Date of this Lease any alterations and repair improvements to the Office Premises made subsequent to that condition existing on the Commencement DateDate of the Prior Lease (as defined below) which Landlord has not approved in writing. Any If Landlord fails to inspect or provide written notice regarding its approval to Tenant within the ninety (90) day period described above, all existing alterations and all property of Tenant remaining in the Office after the Termination Date improvements shall be deemed abandoned by Tenant approved and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseneed not be removed as of the Expiration Date of this Lease.
Appears in 2 contracts
Sources: Standard Single Tenant NNN Lease (Lsi Logic Corp), Standard Single Tenant NNN Lease (Lsi Logic Corp)
Alterations. Absent Landlord’s written consent, Tenant may make no shall not permit alterations in or to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost Leased Premises unless and expense, may make alterations, installations until the plans and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors contractor have been approved by Landlord in every instancewriting. Before making AlterationsAs a condition of Landlord’s approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease provided Landlord notifies Tenant of such removal requirement in writing at the time such alteration is approved; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building, and that its contractors comply with the terms and conditions of Landlord’s Building Contractor Guidelines (which Landlord agrees to furnish to Tenant upon request). Upon completion of the work, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities provide lien waivers from the subcontractors or other agencies having jurisdiction a final affidavit of lien waiver from the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-general contractor, workmen’s compensationand such lien waiver shall be in a form acceptable to Landlord. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, general liability, personal and property damage insurance, nothing in such amounts as this Lease shall be construed to constitute a consent by Landlord requires, naming Landlord as insured and Tenant shall deliver evidence to the creation of such insurance to Landlord prior to Tenant’s commencing the Alterationsany lien. Should a mechanic’s If any lien be is filed against the Office and/or Premises, Leased Premises for work done or claimed to have been done for or materials supplied for Tenant or material claimed to the Officehave been furnished to Tenant, Tenant shall pay or cause such lien to be paid or file a bond in the amount stated in the mechanic’s lien discharged of record within thirty (30) days of said filing at Tenant’s sole cost and expenseafter filing. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove indemnify Landlord from all personal property costs, losses, expenses and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished attorneys’ fees in connection with any construction or alteration and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseany related lien.
Appears in 2 contracts
Sources: Industrial Lease Agreement, Industrial Lease Agreement (Primerica, Inc.)
Alterations. Absent (a) Tenant shall not make any alterations, additions or improvements (collectively "Alterations") of a structural nature in or to the Building or any Alterations to the exterior of the Building, without Landlord’s 's prior written consent, Tenant which consent may make no alterations to the Office. With be withheld in Landlord’s written consent's sole discretion, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every each instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry be permitted to make interior, non-structural alterations without Landlord's consent.
(b) Tenant shall give Landlord at least twenty (20) days prior written notice before commencing any Alterations requiring Landlord's consent and cause to shall submit Tenant's plans for such Alterations at the same time. All Alterations shall be carried by each contractor done in a good and sub-contractorworkmanlike manner, and Tenant shall ensure that all of Tenant's contractors engaged in such work shall at all times maintain satisfactory builders risk insurance, workmen’s compensation, general liability, personal 's compensation insurance and adequate public liability and property damage insurance. Tenant agrees to indemnify Landlord for any loss, in cost, damage or expense, including reasonable attorney's fees, resulting from any mechanic's lien being filed on the Premises and to release any such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days after receipt of said filing at written notice of such filing. Following completion of any material Alterations costing in excess of $50,000.00, Tenant shall provide Landlord with a set of plans showing such Alterations.
(c) All Alterations made by Tenant or by Landlord on Tenant’s sole cost and expense. Any installation 's behalf pursuant to the provisions of materials, fixtures and the like this Lease shall become remain the property of Landlord upon such installation and the Tenant during the Term. All Alterations (including wall to wall carpet) to the Premises shall remain upon the Premises and be surrendered with the Premises at the expiration of the Term without disturbance, molestation or injury. At the expiration of the Term, Tenant shall be required to remove any Alterations that would be considered atypical in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish a commercial office building unless Tenant has obtained Landlord's consent to such right of ownership to the installations by giving Tenant thirty (30) days written notice Alterations prior to the Termination Date of such relinquishment of ownershipinstallation thereof (which consent shall not be unreasonably withheld, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property conditioned or may remove such abandoned property at Tenant’s expensedelayed).
Appears in 2 contracts
Sources: Deed of Lease (Amerigroup Corp), Deed of Lease (Amerigroup Corp)
Alterations. Absent Tenant shall not make any alterations to the Premises other than Tenant's initial Tenant Improvements per Exhibit F, or to the Project, including any changes to the existing landscaping, without Landlord’s 's prior written consent, which shall not be unreasonably 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 laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, on or before expiration of the term, elect to require Tenant to remove any alterations which Tenant may make no have made to the Premises. At the time Tenant submits plans for alterations to Landlord for Landlord's approval, Tenant may request that Landlord elect whether such alterations shall be removed at the Officetermination of this Lease, and if so requested, Landlord shall make such election simultaneous with its approval of the alterations. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make If Landlord elects to require removal of the alterations, installations and improvements (then at its own cost Tenant shall restore the “Alterations”) Premises to the Office provided they are non- structural condition designated by Landlord in natureits election, which do not effect before the Services, utilities or other operations or services last day of the Premises and which are done by contractors and sub-contractors 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 every instancecompliance with plans and specifications reasonably approved by Landlord. Before making Alterations, All work performed shall be 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 shall obtain pay all permits, approvals, certificates required by any costs for such construction and all municipal authorities or other agencies having jurisdiction of shall keep the Premises and the Alterations Project free and upon receiving sameclear of all mechanics' liens which may result from construction by Tenant. If requested by Landlord, Tenant shall deliver duplicate post a bond or certified copies other security reasonably satisfactory to Landlord of each and every oneto protect against liens. Tenant shall carry and cause to be carried will pay directly or reimburse Landlord for any reasonable cost incurred by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, Landlord in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office reviewing plans and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensemonitoring construction.
Appears in 2 contracts
Sources: Office Lease Agreement (F5 Networks Inc), Office Lease Agreement (F5 Networks Inc)
Alterations. Absent Landlord’s written consenta. Tenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost Premises (including but not limited to roof and expense, may make alterations, installations and improvements wall penetrations) (the collectively “Alterations”) to without the Office provided they are non- structural in natureprior written consent of Landlord, which do not effect consent may be granted or withheld in Landlord’s sole discretion. All Alterations erected by Tenant shall be and remain the Servicesproperty of Tenant during the Term, utilities or other operations or services of and shall be removed by Tenant from the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing vacation of the AlterationsPremises. Should a mechanicNotwithstanding the foregoing, if Landlord so elects prior to the Expiration Date or Tenant’s lien be filed against earlier vacation of the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like all such Alterations shall become the property of Landlord upon such installation Landlord, at no cost or expense to Landlord, and shall remain be delivered to Landlord with the Premises.
b. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner, erect such shelves, bins, machinery and trade fixtures within the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord Premises as it may relinquish such right of ownership to the installations by giving Tenant thirty deem advisable (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become collectively “Tenant’s Personal Property”), without altering the basic character of the Buildings or improvements and must without overloading or damaging the Buildings or improvements, and in each case in compliance with all Laws. All of Tenant’s Personal Property shall be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and by Tenant prior to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession vacation of the OfficePremises.
c. Upon removal by Tenant of all Alterations, if applicable, and Tenant’s Personal Property, Tenant shall remove all personal property restore the Premises to their original condition, reasonable wear and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished tear excepted. All such removals and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date restoration shall be deemed abandoned by Tenant accomplished in a good and Landlord may either retain such abandoned property workmanlike manner so as not to damage the primary structure or may remove such abandoned property at Tenant’s expensestructural qualities of the Buildings and other improvements situated within the Premises.
Appears in 2 contracts
Sources: Lease Agreement (RHINO BIOTECH LTD), Lease Agreement (RHINO BIOTECH LTD)
Alterations. Absent Tenant shall not make any alterations, additions or improvements to the Premises, or change any plumbing or wiring, without the prior written consent of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from the Premises. Landlord shall have the right to approve Tenant’s written consentcontractors as well as the general manner and method in which such work is to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be required to be removed upon the expiration of the term. As of the commencement date, there are no existing improvements that will be required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant may make no alterations to the Office. With shall, upon written demand by Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make remove any alterations, installations and additions or improvements made by Tenant, that were (i) previously designated for removal by Landlord at the “Alterations”time the improvement was made or (ii) designated to be removed at the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services end of the Premises and which are done term, there having been no request by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of for a notification at the Premises and time the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured improvement was made; and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisesshall, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s its sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership repair any damage to the installations Premises caused by giving Tenant thirty such removal. At least twenty (3020) days written notice prior to the Termination Date commencement of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon any work on the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the OfficePremises, Tenant shall remove all personal property notify Landlord of the names and installations addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for any lien for Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall immediately restore be made in compliance with the Americans with Disabilites Act of 1990 and repair the Office its implementing regulations, as amended or supplemented from time to that condition existing on the Commencement Date. Any time, and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant similar applicable state and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselocal laws, rules and regulations.
Appears in 2 contracts
Sources: Lease (Nivalis Therapeutics, Inc.), Lease (Nivalis Therapeutics, Inc.)
Alterations. Absent Except for cosmetic alteration projects that do not exceed $50,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in nature, which Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not effect affect the Servicesstructural, utilities electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials supplied for Tenant or of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord upon such installation may, by notice to Tenant given at the time of Landlord’s approval of any Alterations, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and shall remain data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Office upon ▇▇▇▇▇▇Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s surrender of same. Howeverrequest, Landlord may relinquish such right of ownership shall advise Tenant in writing as to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession portions of the Officesubject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and tear excepted. Landlord agrees that the Tenant shall immediately restore Improvements as and repair to the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining extent set forth in the Office after the Termination Date Plan and Cost Estimate referenced in Exhibit X shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensenot constitute Required Removables.
Appears in 2 contracts
Sources: Lease (MDxHealth SA), Lease (MDxHealth SA)
Alterations. Absent Landlord’s written consent(a) Tenant shall not make, Tenant may make no alterations or permit to be made, any alterations, additions or improvements (“Alterations”) to the OfficePremises, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Landlord’s written consentNormal repair and maintenance work, Tenantincluding painting and re-carpeting, shall not be deemed to be an Alteration to the Premises. Any Alterations to the Premises shall be at Tenant’s sole cost and expense, may in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make alterationsany Alterations, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent.
(b) All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations and improvements (the “Alterations”) to the Office provided they are non- structural in naturemade by Tenant, which do not effect the Services, utilities or other operations or services together with all property that has become an integral part of the Premises Building, shall at once be and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation Landlord, and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must not be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s deemed trade fixtures, office furniture and equipment which can but are subject to removal as provided herein.
(c) Tenant shall not be easily moved. Upon required to remove the Termination Date and surrender Tenant Improvements from the Premises at the expiration or sooner termination of possession this Lease, nor shall Tenant shall be required to remove any Alterations from the Premises at the expiration or sooner termination of this Lease unless, with respect to any such Alterations, (i) Landlord notified Tenant in writing at the time of Landlord’s consent to any such Alterations that Tenant would be required to remove such Alterations from the Premises at the expiration of the OfficeTerm, or (ii) Tenant shall remove all personal property and installations made such Alterations to which ▇▇▇▇▇▇▇▇the Premises without Landlord’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain prior written consent where such abandoned property or may remove such abandoned property at Tenant’s expenseconsent is required.
Appears in 2 contracts
Sources: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)
Alterations. Absent Landlord’s written consent(a) Tenant will not make or permit alterations, Tenant may make no alterations improvements or additions (including fixtures) in or to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements Premises (the collectively “Alterations”) to without Landlord’s prior, written consent, which shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the Office provided they are non- structural in natureforegoing, (i) minor alterations such as repainting and carpeting, or alterations with an aggregate cost of less than $25,000 per project, and (ii) which do not effect affect structural components or building systems, shall not require Landlord’s consent hereunder, but all work in connection therewith shall be conducted and completed in a workmanlike manner and in such a manner as to not materially interfere with the Servicesuse of the Common Areas or any other portion of the Project by Landlord or its other tenants. Tenant’s request for such consent shall be in writing, utilities accompanied by proposed detailed plans and specifications. Tenant may engage its own contractors to perform remodel work upon written approval by Landlord, which shall not be unreasonably withheld, conditioned, or delayed. Landlord may charge Tenant for Landlord’s reasonable out-of-pocket costs in reviewing and supervising such planning and, if Landlord is managing the construction work, a construction management fee not to exceed three percent (3%) of Tenant’s planning and construction costs. Any and all plans must be submitted to Landlord for approval and building permits must be obtained prior to commencement of any construction remodeling. All Alterations constructed by Tenant shall remain the property of Tenant during the Lease Term. Subject to Paragraph 23, at the expiration or sooner termination of the Lease Term, all Alterations shall be surrendered to Landlord as a part of the realty and shall then become Landlord’s property. Tenant will promptly notify Landlord of the reasonably estimated value thereof for insurance and tax purposes, provided that Tenant shall not have any liability to Landlord for such estimate.
(b) Tenant shall give Landlord written notice not less than five (5) days notice prior to the commencement of any work in the Premises by or on behalf of Tenant, and Landlord shall have the right to post notices of non-responsibility in or on the Premises or the Building as provided by law. All Alterations, repairs and replacements by Tenant shall be made, constructed and installed in accordance with all applicable laws, rules and ordinances (and Tenant shall perform all work necessary to comply fully with all laws, ordinances and regulations necessitated by the Alterations, whether structural or non-structural, within or without the Premises) and the requirements of any insurance carrier, and shall be of a quality and class at least equal to the original work, performed in a good and workmanlike manner with grades of materials approved by Landlord (if applicable). Tenant shall ensure that all work is performed in a manner that does not obstruct access to or through the common areas and that does not interfere either with other operations tenants’ use of their premises or services of with any other work being undertaken in the Building. All work which may involve noise, odors or vibrations which may be perceptible outside the Premises and which are done disturbs other tenants of the Project shall be performed at times other than normal business hours. Tenant shall take all measures necessary to ensure that labor peace is maintained at all times. Before construction begins, Tenant shall deliver to Landlord reasonable evidence that damage to, or destruction of, the Alterations and Premises during construction will be covered either by contractors and subthe policies that Tenant is required to carry under Paragraph 14 or by a policy of builder’s all-contractors risk insurance in an amount approved by Landlord. If Landlord in every instance. Before making requires Tenant to provide builder’s all-risk insurance for the proposed Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction provide to Landlord a copy of the Premises and the Alterations and upon receiving samepolicy, Tenant shall deliver duplicate any endorsements or certified copies to Landlord an original certificate of each and every oneinsurance that complies with Paragraph 14. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal subcontractor to maintain all workers’ compensation insurance required by law and liability insurance (including property damage insurance, damage) in such amounts as reasonably required by Landlord. Tenant will give Landlord requires, naming Landlord as insured and opportunity to supervise all work. Tenant shall deliver evidence provide Landlord with permit drawings, as-built CAD drawings (if the Alterations require a building permit or Tenant is preparing same for its own account), job cards and temporary certificates of occupancy for all Alterations promptly upon their completion. Should Tenant make any Alterations without Landlord’s prior written approval, or in violation of such insurance to Landlord prior to Tenant’s commencing approval or the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days requirements of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which this ▇▇▇▇▇▇▇▇▇ ▇▇.▇, ▇▇▇▇▇▇▇▇ may, at any time during the Lease Term, either remove any part or all of the same on Tenant’s ownership interest has been relinquished behalf and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense, or require that Tenant do so.
(c) If during the Lease Term, any alteration, addition or change of any sort, whether structural or otherwise to all or any portion of the Premises or Building is required by law (including, but not limited to, alterations required by the Americans with Disabilities Act of 1990 or any amendments thereto or any regulations prorogated thereunder (collectively the
Appears in 1 contract
Sources: Lease Agreement (Calix Networks Inc)
Alterations. Absent Landlord’s written consent(a) Sublessee shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficeSubleased Premises (“Alterations”) without the prior written consent of Sublessor. With Landlord’s written consent, Tenant, Such consent may be granted or withheld in the reasonable discretion of Sublessor and may be granted subject to any reasonable terms or conditions which Sublessor may impose. All Alterations shall be made at Tenant’s Sublessee's sole cost and expense, may make alterationsin a good and workmanlike manner, installations in accordance with all applicable Governmental Requirements and improvements in accordance with the Prime Lease.
(b) Upon the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities expiration or other operations or services sooner termination of the Sublease Term, all Alterations shall remain on the Subleased Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Sublessor unless the Prime Landlord upon shall give written notice to Sublessor or Sublessee to remove the same at the time consent to such Alteration was requested. When requesting Prime Landlord’s approval of any Alterations, Sublessee will specifically request that Prime Landlord identify any Alterations that will not be required to be removed, and Sublessee agrees that any Alterations not so identified will be required to be removed. Sublessee will remove any Alterations which the Prime Landlord requires be removed, and will repair and restore in accordance with the Prime Lease any damage to the Subleased Premises caused by the installation or removal of such Alterations. Should Sublessee fail to do so, Sublessor may do so, and the cost and expense thereof, together with interest at the Overdue Interest Rate from the date such costs and expenses were incurred by Sublessor, shall remain in the Office upon be paid by Sublessee to Sublessor as Additional Rent within ten (10) days after Sublessee’s receipt of a b▇▇▇▇▇▇’s surrender ▇ and supporting documentation setting forth such costs and expenses. As used herein, the “Overdue Interest Rate” shall be the rate of same. However, Landlord may relinquish such right interest referenced in clause (b) of ownership to the installations by giving Tenant thirty Section 3 (30Rent) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseOriginal Prime Lease.
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Alterations. Absent Except for cosmetic alteration projects that do not exceed $18,140.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instanceany reasonable requirements. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender approval, require Tenant to remove by the Expiration Date or sooner termination date of same. Howeverthis Lease, Landlord may relinquish such right of ownership all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the installations Work Letter) installed either by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Alterations. Absent Except for cosmetic alteration projects that do not exceed $125,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in nature, which Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not effect affect the Servicesstructural, utilities electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord, Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials supplied for Tenant or of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord upon such installation may, by notice to Tenant given simultaneously with Landlord’s consent, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and shall remain data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements, Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Office upon ▇▇▇▇▇▇Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s surrender of same. Howeverrequest, Landlord may relinquish such right of ownership shall advise Tenant in writing as to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession portions of the Officesubject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises us a part thereof on the termination of samethis lease. HoweverSuch alterations, additions, and improvements may only be made with the prior written consent of Landlord may relinquish such right which consent shall not be unreasonably withheld. If consent is granted for the making of ownership improvements or alterations to the installations leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting landlord from liability for injury to any person and damage to any personal property, on or off leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon the Termination Date and surrender of possession of the Officetermination or thus lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation or removal of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.
Appears in 1 contract
Sources: Commercial Lease (Decorize Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations to the Office. With Premises or the Business Park without Landlord’s '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, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) whether or not subject to the Office provided they are non- structural approval of Landlord, shall be performed by Tenant and its contractors in nature, which do not effect the Services, utilities or other operations or services of a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises and which are done by contractors and sub-contractors approved by upon expiration or termination of this Lease, except that Landlord in every instance. Before making Alterationsmay, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant before or thirty (30) days written notice prior after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination DatePremises. Nothing herein is meant to give If Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeso elects, Tenant shall remove all personal property and installations at its own cost restore the Premises to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall immediately restore contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and repair permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Office Premises free and clear of all mechanics' liens which may result from construction by Tenant. Provided, however, Landlord hereby consents to that condition existing the Tenant's Improvements outlined on Exhibit Al hereto and will not require Tenant to remove these improvements at the Commencement Dateexpiration or termination of the Lease. Any and all property With respect to future alterations or improvements, Tenant may request Landlord to determine, as part of Tenant remaining in their approval process, whether or not they will require said alteration or improvement to be removed at the Office after expiration or termination of the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLease.
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Alterations. Absent Except for re-tinting the windows in the Premises in a color and with material approved by Landlord, which tinting shall not alter the appearance of the exterior of the Building, Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s written consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may make no alterations elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. With LandlordTenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s written consentrequest, TenantLandlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. It is further understood and agreed that the window tinting shall be considered a Required Removable and Tenant shall, at Tenant’s sole cost and expense, may make alterations, installations remove the tinting from the windows and improvements (restore the “Alterations”) windows to their original condition prior to the Office provided they are non- structural in nature, which do not effect the Services, utilities Expiration Date or earlier termination of this Lease. In connection with its removal of other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making AlterationsRequired Removables, Tenant shall obtain all permits, approvals, certificates required by repair any and all municipal authorities or other agencies having jurisdiction of damage to the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation arising from that removal and shall remain in restore the Office upon ▇▇▇▇▇▇’s surrender of same. Howeveraffected area to its pre-existing condition, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s reasonable wear and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises as a part thereof on the termination of samethis lease. HoweverSuch alterations, Landlord additions, and improvements may relinquish such right only be made with the prior written consent of ownership Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the installations leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and shall repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon the Termination Date and surrender termination of possession of the Officethis lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation or removal of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.
Appears in 1 contract
Sources: Commercial Lease (Spacehab Inc \Wa\)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord’s written 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, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, Tenant any requirements that Landlord in its discretion may make no alterations 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 Officemanner, time, and contractor for performance of the work. With Without limiting the generality of the foregoing, Tenant shall use Landlord’s written consent, Tenant, at Tenant’s sole cost designated mechanical and expense, may make alterations, installations and improvements (electrical contractors for all work affecting the “Alterations”) to mechanical or electrical systems of the Office provided they are non- structural in nature, which do not effect the Services, utilities Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated 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 mechanic’s lien within thirty (30) days of said filing at work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s sole architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the work proposed by Tenant modify the internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and expenseCAD disks compatible with Landlord’s systems. Any installation of materialsUnless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of samethis Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant’s request. HoweverTenant shall repair any damage to the Premises arising from that removal and restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may relinquish such right require Tenant to remove an improvement provided as part of ownership the initial build-out pursuant to Exhibit X, if any, if and only if the installations by giving improvement is a non-building standard item and Tenant thirty (30) days written notice is notified of the requirement prior to the Termination Date 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 such relinquishment of ownershipTenant, in which event, they Landlord shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant entitled to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession prompt payment from Tenant of the Officecost thereof, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇inclusive of the standard coordination fee of Landlord’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensemanagement agent.
Appears in 1 contract
Alterations. Absent Landlord’s written consentExcept as otherwise allowed under this Lease, including, without limitation the Work Letter Agreement. Tenant may shall not make no or suffer to be made any alterations additions, or improvements in, on, or to the OfficePremises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld and no such alterations, additions or improvements shall be made without the supervision of Landlord's designated agent or representative. With Landlord’s written consentIn the event Landlord consents to the making of any such alterations, additions, or improvements by Tenant, the same shall be made by Tenant, at Tenant’s 's sole cost and expenseexpense in accordance with all applicable laws, may make alterationsordinances, installations and improvements (regulations and all requirements of Landlord's and Tenant's insurance policies. All work shall be performed in accordance with plans and specifications approved by Landlord, and each contractor and subcontractor must first be approved in writing by Landlord, or at Landlord's option, the “Alterations”) alteration, addition or improvement shall be made by Landlord for Tenant's account, and Tenant shall reimburse Landlord for the cost thereof upon demand. To the extent that Tenant requests that Landlord manage any construction services to the Office provided they are non- structural in naturePremises, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by then Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by may charge a fee for any and all municipal authorities such construction supervision provided by Landlord's designated agents or other agencies having jurisdiction of representatives in connection with such alterations, additions or improvement to the Premises and the Alterations and upon receiving sameby Tenant. Such fee, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractorat Landlord's option, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned either a fixed fee or a fee calculated an hourly basis considering the time expended by Tenant and Landlord may either retain such abandoned property Landlord's agents or may remove such abandoned property at representatives in supervising Tenant’s expense's construction.
Appears in 1 contract
Sources: Office Lease Agreement (Ultimate Software Group Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no or permit to be made any ----------- alterations or improvements to the OfficePremises, including installation or alteration of any telecommunications wiring or cabling in or about the Premises ("Alterations"), without the prior written approval of Landlord. With Landlord’s written consent, Tenant, All Alterations shall be made at Tenant’s 's sole cost. Alterations shall be performed by a general contractor or other service provider designated by Landlord, with subcontractors approved in advance by Landlord, which approval shall not be unreasonably withheld, and shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications reasonably approved by Landlord. Tenant shall pay Landlord a fee equal to ten percent (10%) of the cost of the Alterations for its management and expensesupervision of the progress of the work. Any Alterations, may make alterations, installations and improvements (the “Alterations”) including moveable partitions that are affixed to the Office provided they are non- structural Premises (but excluding moveable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall give Landlord not less than ten (10) days prior written notice of the date the construction of the Alterations is to commence. Landlord may post and record an appropriate notice of nonresponsibility with respect to any Alteration and Tenant shall maintain any such notices posted by Landlord in natureor on the Premises. At Landlord's sole election, which do not effect any or all Alterations made for or by Tenant shall be removed from the ServicesPremises at the expiration or sooner termination of this Lease, utilities or other operations or services and the Premises shall be restored to their condition prior to the making of the Alterations, ordinary wear and tear excepted. The removal of the Alterations and the restoration of the Premises shall be performed by a general contractor selected by Tenant and which are done by contractors and sub-contractors reasonably approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insuranceLandlord, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, which event Tenant shall pay the general contractor's fees and costs in connection with such work. Any separate work letter or cause other agreement which is hereafter entered into between Landlord and Tenant pertaining to Alterations shall be paid or file a bond in the amount automatically governed by this Paragraph 12, unless otherwise expressly stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property work letter or may remove such abandoned property at Tenant’s expenseagreement.
Appears in 1 contract
Sources: Office Lease (Intellisys Group Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord which consent shall not be unreasonably withheld or delayed. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right of ownership may, by notice to the installations by giving Tenant thirty (30) given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its preexisting condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Alterations. Absent Landlord’s written consent7.1 Except as provided in Section 7.2, Tenant may will not make no alterations or allow to be made to the OfficePremises any alteration of any kind without the prior written consent of Landlord. With Landlord’s written consentAll of Tenant's approved work shall be done by duly licensed contractors in accordance with all applicable laws, codes, ordinances, rules and 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 filed against any part of the building housing the Premises by reason of work, labor, services or materials performed for or furnished to Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (Tenant shall forthwith cause the “Alterations”) lien to be discharged of record or bonded off to the Office provided they are non- structural in nature, which do not effect the Services, utilities satisfaction of Landlord. If Tenant shall fail to cause such lien to be discharged or other operations or services bonded off within five (5) days after being notified of the Premises filing thereof, then, in addition to any other right or remedy of Landlord, Landlord may discharge the lien by paying the amount claimed to be due. The amount paid by Landlord, and which are done by contractors all costs and sub-contractors approved expenses, including reasonable attorneys' fees incurred by Landlord in every instance. Before making Alterationsprocuring the discharge of the 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 obtain all permitshave the right, approvalsbut shall not be obligated to, certificates required construct and install at its sole expense in accordance with generally accepted construction standards and architectural/engineering plans approved in advance by any Landlord (which approval shall not constitute a warranty that the proposed improvements conform to laws or applicable building codes) the leasehold improvements and all municipal authorities fixtures described on Exhibit C. Tenant shall be solely responsible for obtaining occupancy permits and other permits or other agencies having jurisdiction licenses necessary for its lawful occupancy of the Premises. Landlord's 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 keep the Premises and the Alterations improvements thereon free and clear of all liens arising out of or claimed by reason of any work performed, material furnished or obligations incurred by or at the instance of Tenant, and by its execution hereof Tenant hereby indemnifies and saves Landlord, 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, installations, including without limitation wall to wall carpet and drapery accessories, changes, replacements, repairs, additions, or improvements to or within the Premises (whether with or without Landlord's consent), shall at the election of Landlord remain upon receiving samethe Premises and be surrendered with the Premises at the 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 Premises be removed upon termination of this Lease or upon termination of any renewal period hereof, Tenant hereby agrees that Landlord shall deliver duplicate or certified copies have the right to Landlord of each and every one. Tenant shall carry and cause same to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing removed at Tenant’s 's sole cost and expense. Any installation of materials, fixtures and Tenant hereby agrees to reimburse Landlord for the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date cost of such relinquishment removal, together with the cost of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserepairing
Appears in 1 contract
Alterations. Absent Landlord’s written consentLandlord acknowledges that it has consented to all alterations and improvements made to the Premises by Tenant prior to the Effective Date, including clean rooms and approximately 12,000 square feet of office space. Tenant may shall not make no any additional alterations to the OfficeProject or the Phase after the Effective Date other than to the Premises (the Premises shall include the outdoor tank farm). With Tenant shall not make any additional alterations to the Premises after the Effective Date without Landlord’s prior written consentconsent in each instance which consent shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions. If Landlord gives its consent to such alterations, Tenant, at Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations other than Tenant’s sole cost trade fixtures, and expenseany equipment and personal property, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services shall be a part of the Premises and shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except for those which Landlord elects shall be removed by written notice given during the Lease Term or within sixty (60) days thereafter; provided, however, Landlord hereby agrees that it accepts and will not require Tenant to remove at expiration or termination of this Lease, the approximately 12,000 square feet of additional office space added by Tenant or the wiring, or plumbing now or hereafter installed by Tenant in accordance with the provisions of this Lease. If any alterations are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsto be removed, Tenant at its own cost shall obtain all permitsrestore the Premises to the condition existing prior to such alteration being made, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction before the last day of the Premises and the Alterations and upon receiving sameterm or, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractorif later, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days (or such additional time as reasonably shall be necessary to remove same) of said filing at TenantLandlord’s sole cost and expensewritten notice to Tenant to remove the same. Any installation of materials, fixtures and the like request for Landlord’s consent to alterations shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant be made at least thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipbefore any work is commenced and shall be accompanied by (i) detailed and cost plans and specifications for all alterations, in which event, they shall become and (ii) Tenant’s written agreement to provide, upon completion of work, a complete set of as-built plans and must specifications. Landlord may issue such consent subject to conditions (including but not limited to conditions requiring deposit with Landlord of funds and/or bonds to cover one-third (1/3) of anticipated alteration costs). All alterations shall be removed upon the Termination Dateconstructed only after obtaining Landlord’s prior written consent and only in conformity with all Laws. Nothing herein is meant The issuance of Landlord’s consent shall not be a waiver of nor any opinion regarding Tenant’s obligation to give comply with all Laws. Should Landlord any ownership rights consent in and writing to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession alteration of the OfficePremises, Tenant shall remove contract with a contractor approved by Landlord for the construction of such alterations (which approval shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions), shall secure all personal property appropriate governmental approvals and installations to permits, and shall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord, All such construction shall be performed in a manner which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and will not unreasonably interfere with the quiet enjoyment of other tenants of the Project. Tenant shall immediately restore pay all costs for construction of alterations and repair shall keep this Lease, the Office Premises and the Project free and clear of all liens which may result from work by third parties authorized by Tenant. If any such lien is filed, and not removed within ten (10) days of written notice thereof from Landlord to that condition existing on Tenant, the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date same shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensean event of default hereunder.
Appears in 1 contract
Sources: Lease
Alterations. Absent Except for cosmetic alteration projects that do not exceed $20,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in nature, which Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not effect affect the Servicesstructural, utilities electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit or cosmetic Alterations not requiring Landlord’s consent as provided above, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials supplied for Tenant or of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord upon such installation and shall remain in may, by notice to Tenant given at the Office upon ▇▇▇▇▇▇’s surrender of same. Howevertime Landlord approves the applicable Alterations (including, Landlord may relinquish such right of ownership without limitation, the Tenant Improvements to be constructed pursuant to the installations Work Letter), require Tenant to remove by giving the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date. Nothing herein is meant to give Landlord any ownership rights in “Required Removables”), and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedreplace any non-Standard Improvements with the applicable Standard Improvements. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Sources: Lease Agreement (BioPharmX Corp)
Alterations. Absent Except for cosmetic alteration projects that do not exceed $20,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain 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 approval, require Tenant to remove by the Expiration Date or sooner termination date of this Lease, all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”); provided, however, that notwithstanding the foregoing, Landlord agrees that the Tenant Improvements as and to the extent set forth in the Office upon ▇▇▇▇▇▇’s surrender approved Plan and Cost Estimate shall not constitute Required Removables. In connection with its removal of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Sources: Lease (Tarsus Pharmaceuticals, Inc.)
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in nature, which Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not effect affect the Servicesstructural, utilities electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). 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 in excess of $200,000.00 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 Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. In no event shall Tenant prosecute any work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall deliver duplicate or certified copies be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of each that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and every oneconsented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Tenant Alterations shall carry be constructed in a good and cause to be carried workmanlike manner using materials of a quality reasonably approved by each contractor and sub-contractorLandlord, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Unless Landlord prior otherwise agrees in writing, all Alterations affixed to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for including without limitation all Tenant or Improvements constructed pursuant to the Office, Tenant shall pay or cause to be paid or file a bond Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right may, by notice to Tenant given at the time of ownership its consent thereto, and for all Alterations not consented to the installations by giving Tenant thirty (30) Landlord by notice given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date. Nothing herein is meant to give Landlord any ownership rights in “Required Removables”), and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedreplace any non-Standard Improvements with the applicable Standard Improvements. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Sources: Lease (Meade Instruments Corp)
Alterations. Absent Tenant shall not make 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 Landlord’s prior written consent, which shall not be unreasonably 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 laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, on or before expiration of the term, elect to require Tenant to remove any alterations which Tenant may make no have made to the Premises. At the time Tenant submits plans for alterations to the Office. With Landlord for Landlord’s written consentapproval, TenantTenant may request that Landlord elect whether such alterations shall be removed at the termination of this Lease, and if so 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 sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services alteration of the Premises and which are done by contractors and sub-contractors 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 every instancecompliance with plans and specifications reasonably approved by Landlord. Before making Alterations, All work performed shall be 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 shall obtain pay all permits, approvals, certificates required by any costs for such construction and all municipal authorities or other agencies having jurisdiction of shall keep the Premises and the Alterations Project free and upon receiving sameclear of all mechanics’ liens which may result from construction by Tenant. If requested by Landlord, Tenant shall deliver duplicate post a bond or certified copies other security reasonably satisfactory to Landlord of each and every oneto protect against liens. Tenant shall carry and cause to be carried will pay directly or reimburse Landlord for any reasonable cost incurred by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, Landlord in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office reviewing plans and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensemonitoring construction.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed Landlord may elect to have been done or materials supplied for Tenant or cause its architect to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon review ▇▇▇▇▇▇’s surrender architectural plans, and the reasonable cost of same. However, Landlord may relinquish such right of ownership to the installations that review shall be reimbursed by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇. Should the Alterations proposed by ▇▇▇▇▇▇ and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s ownership interest has been relinquished systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and Tenant furniture, shall immediately restore and repair become the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Landlord and shall be deemed abandoned 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 approval, require Tenant to remove by the Expiration Date or sooner termination date of this Lease, all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant and or by Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserequest (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.
Appears in 1 contract
Sources: Lease (Capstone Dental Pubco, Inc.)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord’s written , which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, Tenant may make no alterations a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the Office. With Landlord’s written consentmanner, Tenanttime, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services contractor form performance of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancework. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances. 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, certificates required by any and all municipal authorities alterations, additions or other agencies having jurisdiction of improvements affixed to the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of samethe 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. However, Landlord may relinquish such right require Tenant to remove an improvement provided as part of ownership the initial build-out pursuant to Exhibit X, if any, if and only if the installations by giving improvement is a non-building standard item and Tenant thirty (30) days written notice is notified of the requirement prior to the Termination Date of such relinquishment of ownershipbuild- out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, in which eventshould Landlord make any alteration or improvement to the Premises for Tenant, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by entitled to prompt reimbursement from Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensefor all Costs incurred. 26
Appears in 1 contract
Alterations. Absent Landlord’s written consent(a) Subject to the provisions of this subparagraph (a), Tenant may shall not make no alterations any alterations, additions or improvements to the Office. With Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord’s written consent, which consent shall not be unreasonably withheld; provided, however, should Tenant submit preliminary plans for making an alteration to the Premises and such plans are in form sufficient for Landlord to review the alteration contemplated by Tenant, Landlord shall respond within ten business days of its receipt of such plans, or the plans and the alteration to be made by Tenant shall be deemed approved. If the plans submitted by Tenant are insufficient for Landlord to review the contemplated alteration, Landlord shall so notify Tenant and Tenant shall revise and resubmit the plans to Landlord but the ten day time period for Landlord to act as aforesaid shall not be deemed to commence until such time as Tenant shall have submitted a sufficient plan to Landlord, as reasonably determined by Landlord. All submissions of plans to Landlord under this paragraph 5 shall be sent in accordance with the provisions of paragraph 20 hereof. Landlord may require as a condition to Tenant making any alteration to the Premises that Tenant restore the Premises to its condition as of the Commencement Date prior to Tenant vacating the Premises. Tenant may, without the consent of Landlord, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures and remove and replace interior non-structural walls, as it may make alterationsdeem advisable, installations and improvements (without altering the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities basic character or other operations or services structure of the Premises or improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities without overloading or other agencies having jurisdiction of damaging the Premises or improvements, and the Alterations in each case complying with all applicable governmental laws, ordinances, regulations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneother requirements. Tenant shall carry and cause not make any alterations, additions or improvements to be carried the Premises which will contravene Landlord's policies insuring against loss or damage by each contractor and sub-contractorfire or other hazards, workmen’s compensation, including but not limited to commercial general liability, personal and property damage insuranceor which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence additions or improvements cause the rate of such fire or other insurance on the Premises by companies acceptable to Landlord prior to Tenant’s commencing be increased beyond the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed minimum rate from time to have been done or materials supplied for Tenant or time applicable to the OfficePremises for permitted uses thereof, Tenant shall pay or cause to be paid or file a bond in as additional rent the amount stated in the mechanic’s lien within thirty of any such increase promptly upon demand by Landlord.
(30b) days of said filing at Tenant’s sole cost Any and expense. Any installation of materialsall alterations, additions, improvements, partitions and fixtures and the like erected by Tenant shall become be the property of Landlord upon such installation and shall remain in at the Office Premises upon ▇▇▇▇▇▇’s surrender termination of samethe Lease or upon earlier vacating of the Premises. HoweverAll shelves, Landlord bins, machinery, trade fixtures and other specialized equipment installed and paid for by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date termination of this Lease provided such relinquishment of ownership, in which event, they shall become Tenant’s and must removal may be removed upon accomplished without damage to the Termination Date. Nothing herein is meant Premises or to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession primary structure or structural qualities of the Office, Building and other improvements situated on the Premises. Tenant shall remove all repair any damage to the Premises, or to the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property and installations or trade fixtures by Tenant, its employees, agents, invitees, or contractors to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant shall remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseupon demand.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Alterations. Absent Future improvements or alterations of the Premises (beyond Landlord’s 's Tenant Improvements) requested by Tenant to be performed (but are not obligated to be performed) by Landlord at Tenant's sole expense and following the signing of an approval and restoration agreement between Tenant and Landlord. Alternatively, after obtaining Landlord's written consentconsent in each instance, Tenant may make all required permits and approvals, and after providing Landlord with insurance and indemnification required by Landlord (all at no alterations expense or cost to the Office. With Landlord’s written consent), Tenant, at Tenant’s 's sole cost and expense, may make alterationsinstall necessary trade fixtures, installations equipment and furniture and may also install or modify non-structural and fixed improvements in the Premises, provided that such items installed or modified leave the Premises restorable to its prior condition without structural damage to the Building or other fixed tenant improvements. Landlord reserves the right to approve or disapprove curtains, draperies, shades, paint and other interior improvements visible from outside the Premises on wholly aesthetic grounds. Any fixed improvements by Tenant must be submitted for Landlord's written approval and approved by Landlord prior to installation or Landlord may remove or replace such items and restore the Premises at Tenant's sole expense. Trade fixtures, equipment and furniture installed by Tenant shall remain Tenant's property and shall be removed by Tenant prior to expiration of the Term or earlier termination of this Lease. Tenant's installation or modification of improvements in the Premises shall provide that such improvements are installed and are removable without structural damage to the Building or its tenant improvements. Tenant shall record a Notice of Completion with the County Auditor and also provide a copy of the recorded document to Landlord. Tenant shall, at Tenant's cost, provide Landlord with a set of "as-built" updated drawings for any tenant improvement or modification work which Tenant undertakes. Prior to expiration of the Term or earlier termination of this Lease, Landlord shall, in Landlord's sole discretion, determine whether some or all of Tenant's alterations are to be restored to the prior condition, and whether some or all temporary improvements are to be removed. 0n or before expiration of the Term or earlier termination of this Lease, Landlord shall notify Tenant which of Tenant's alterations and improvements (the “Alterations”) are to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises remain and which are done by contractors to be removed or restored. Tenant shall, at Tenant's sole expense, remove and sub-contractors approved by restore all remaining improvements to their condition prior to Tenant's alteration, except those improvements which Landlord in every instancehas elected to retain without restoration. Before making Alterations, Tenant Those improvements which Landlord elects to retain shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction become Landlord's property. On expiration of the Premises Term or earlier termination of this Lease, temporary or fixed improvements which Landlord elects to have removed shall remain Tenant's property and shall be removed by Tenant prior to expiration of the Alterations and upon receiving same, Tenant shall deliver duplicate Term or certified copies to Landlord earlier termination of each and every onethis Lease. Tenant shall carry and cause assume the risk of damage to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and any of Tenant's fixtures. Tenant shall deliver evidence of such insurance to Landlord prior to repair, at Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises's sole expense, for work done or claimed to have been done or materials supplied for Tenant or all damage to the OfficePremises and/or Building caused by the installation or removal of Tenant's trade fixtures, equipment, furniture, temporary, or fixed improvements. If Tenant shall pay or cause fails to be paid or file a bond in remove the amount stated in foregoing items and restore the mechanic’s lien within thirty (30) days Premises to its prior condition before termination of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverthis Lease as required by Landlord, Landlord may relinquish such right keep and use those improvements and materials or remove any of ownership them and cause them to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipbe stored or sold in accordance with applicable law, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s 's sole expense.
Appears in 1 contract
Sources: Standard Form Multiple Occupancy Lease (Cost U Less Inc)
Alterations. Absent Landlord’s written consent, Tenant may LESSEE is granted the right to make no alterations to the Office. With Landlord’s written consent, Tenant, leased area or repairs at Tenant’s LESSEE’S sole cost and expense, may make alterations, installations and improvements (the “Alterations”) expense subject to the Office provided they are non- structural in naturefollowing terms and conditions:
(a) ▇▇▇▇▇▇ must first obtain the written consent of ▇▇▇▇▇▇ and obtain the necessary building permits from the City’s Building Department. LESSOR reserves the right to reject any proposed extension, which do not effect the Servicesrepair or alteration, utilities any particular contractor or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onesubcontractor, or the complete project. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender ’S proposed alterations and construction on the leased premises shall be subject to and shall be done in conformity with the Declaration of sameCovenants, Conditions and Restrictions approved by Resolution No. However2006-R-014 dated February 21, Landlord may relinquish such right 2006, including the Architectural Design Guidelines attached as Exhibit B and incorporated by reference herein.
(b) Ultimate title to an alteration properly consented to by ▇▇▇▇▇▇ will rest with ▇▇▇▇▇▇ immediately upon completion and will remain in LESSOR’S possession at termination of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇’S tenancy.
(c) Trade fixtures, movable furniture, and other service equipment of LESSEE peculiar to LESSEE’S business are not to be included in alterations, and must be removed by LESSEE, upon termination of lease, provided LESSEE is not in default of lease obligations. LESSOR reserves the right to demand that LESSEE restore the premises to reasonably the same condition and state as the premises were found prior to making such alterations, in a manner acceptable to LESSOR, and to demand that LESSEE pay all costs o such restoration, upon termination of lease. ▇▇’s ownership interest has been relinquished ▇▇▇▇ further agrees that any damages as may be caused by the installation or removal of trade fixtures discussed in condition (c), will bind LESSEE to repair said damage expeditiously at LESSEE’S sole expense upon written notice by ▇▇▇▇▇▇. LESSOR maintains and Tenant shall immediately restore reserves the right to make alterations and repair the Office to that condition existing on the Commencement Date. Any remodeling changes, provided said work does not unduly or unreasonably interfere with LESSEE’S day-to-day operations and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensebusiness.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Absent Other than Landlord’s Work and Tenant’s Work, which shall be governed by Exhibit C, Tenant shall not make any alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right to make alterations and improvements to the Premises without Landlord’s consent (but only after having provided not less than 15 days prior written notice to Landlord) where the same (i) will not materially affect the structural components of the building in which the Premises is located or the building systems, and (ii) will not exceed the cost of $10,000. If Landlord gives its consent to alterations, Landlord may post notices of non-responsibility in accordance with the laws of the state in which the premises are located. Tenant may, at the time of requesting Landlord’s consent to alterations, further request in writing that Landlord elect, at the time of granting consent, whether such alterations must be removed upon termination of the Lease. If Tenant so requests, Landlord shall make such election at the time of granting consent to the alteration (or if no consent is required, then within fifteen days of Tenant’s request). Failure of Landlord to respond to Tenant’s request shall be deemed an election that the alteration need not be removed on termination of this Lease. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may make no alterations have made to the OfficePremises except such alterations as Tenant has received consent to leave as provided above. With Landlord’s written consent, TenantIf Landlord elects to require removal of an alteration, 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 sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services alteration of the Premises and which are done by contractors and sub-contractors Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, which approval shall not be unreasonably withheld, delayed or conditioned, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in every instancecompliance with plans and specifications reasonably approved by Landlord. Before making Alterations, All such construction shall be performed in a manner which will not unreasonably interfere with the quiet enjoyment of other tenants of the Project. Tenant shall obtain pay all permits, approvals, certificates required by any costs for such construction and all municipal authorities or other agencies having jurisdiction of shall keep the Premises and the Alterations Project free and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord clear of each and every oneall mechanics’ liens which may result from construction by Tenant. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord not use any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession portion of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair common areas in connection with an alteration without the Office to that condition existing on the Commencement Date. Any and all property prior written consent of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLandlord.
Appears in 1 contract
Sources: Commercial Lease (Blue Nile Inc)
Alterations. Absent Landlord’s written consent(a) Tenant shall not make any alterations, Tenant may make no alterations additions or improvements ("Alterations") to the OfficePremises, the Building or the Building's systems (including but not limited to the roof, floor and wall penetrations, the HVAC system, the electrical system and the plumbing ("Building Systems")) without the prior written consent of Landlord, which Landlord may grant in its sole reasonable discretion. With Landlord’s written consentIn the event Landlord consents to the making of any Alterations, by Tenant, the same shall be made at Tenant’s 's sole cost and expense, may make alterationsin accordance with all applicable laws, installations ordinances and improvements (the “Alterations”) to the Office provided they are non- structural regulations, and all requirements of Landlord's and Tenant's insurance policies and only in nature, which do not effect the Services, utilities or other operations or services of the Premises accordance with plans and which are done by contractors and sub-contractors specifications approved by Landlord (except that any such requested alterations, additions or improvements to the Building or Building Systems shall be done by Landlord, and Tenant shall reimburse Landlord for the entire cost thereof). Any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in every instancewriting by Landlord, or the Alterations shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Before making AlterationsPromptly after completion of any Alterations to the Premises made by Tenant, Tenant shall obtain all permitssupply Landlord with a set of scaled and dimensioned, approvalsreproducible mylars of "as-built" plans for such Alterations certified by Tenant's architect or space planner. Notwithstanding the foregoing, certificates required by with respect to any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving sameaffecting any Building Systems, Tenant shall deliver duplicate or certified copies to Landlord of each employ Landlord's designated contractor, and every one. such Alterations shall be designed by the Landlord's engineer at Tenant's expense.
(b) All Alterations erected by Tenant shall carry be the property of Tenant during the Term. Landlord reserves the right to require Tenant to remove Tenant's Alterations erected and cause restore the Premises to be carried by each contractor their condition as of the Commencement Date, reasonable wear and sub-contractortear excepted, workmen’s compensationon or before the Expiration Date or any sooner date of termination of this Lease; provided, general liabilityhowever, personal and property damage insurance, in such amounts as that if Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord so elects prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisestermination or expiration of this Lease, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like such Alterations shall become the property of Landlord upon such installation as of the Expiration Date or any sooner date of termination of this Lease and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations by giving Tenant thirty (30) days written notice prior to Landlord with the Termination Premises. The provisions of this Paragraph 7 shall survive the Expiration Date or earlier termination of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis
Appears in 1 contract
Alterations. Absent Except for cosmetic alteration projects that do not exceed $10,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any commercially reasonable requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right of ownership may, by notice to the installations by giving Tenant thirty (30) given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Sources: Lease (Redwood Trust Inc)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord’s , which consent shall be given or refused within ten (10) business days. 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, are not visible from the exterior of the Premises, and utilize only building standard materials. Moreover, as long as the foregoing criteria are satisfied, Landlord's consent shall not be required (but prior written notice to Landlord must be given) for cosmetic alternations costing in the aggregate not more than Forty Thousand Dollars ($40,000.00). Landlord may impose, as a condition to its consent, Tenant any requirements that Landlord in its discretion may make no alterations deem reasonable, including but not limited to requirements as to the Officemanner and time for performance of the work. With Without limiting the generality of the foregoing, Tenant shall use Landlord’s written consent, Tenant, at Tenant’s sole cost 's designated mechanical and expense, may make alterations, installations and improvements (electrical contractors for all work affecting the “Alterations”) to mechanical or electrical systems of the Office provided they are non- structural in nature, which do not effect the Services, utilities Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancereasonable cost thereof to Landlord. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated uniformly established by Landlord for the Building, but not in excess of five percent (5%) of the mechanic’s lien within thirty (30) days cost of said filing at Tenant’s sole cost and expensethe work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any installation request for Landlord's consent shall be made in writing and, if applicable, shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant's architectural plans, and the reasonable cost of materialsthat review shall be reimbursed by Tenant. Should the work proposed by Tenant modify the internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord's systems. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of samethe 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. However, Landlord may relinquish such right require Tenant to remove an improvement provided as part of ownership the initial build-out pursuant to Exhibit X, if any, if and only if the installations by giving improvement is a non-building standard item and Tenant thirty (30) days written notice is notified of the requirement in writing prior to the Termination Date 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 such relinquishment of ownershipTenant, in which event, they Landlord shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant entitled to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession prompt payment from Tenant of the Officereasonable cost thereof, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair inclusive of the Office to that condition existing on standard coordination fee of Landlord's management agent uniformly established for the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseProject.
Appears in 1 contract
Alterations. Absent Landlord’s 7.1 Licensee may alter the Licensed Premises only in accordance with the requirements of Section 7.2 below. Alterations shall become property of City, at its option, upon their attachment, installation or affixing.
7.2 In order to alter Licensed Premises, Licensee must:
(a) obtain DOT's written consentapproval (which shall not be unreasonably delayed) for whatever designs, Tenant plans, specifications, cost estimates, agreements and contractual understandings may make no alterations pertain to contemplated purchases and/or work;
(b) insure that work performed and Alterations (as defined in Section 2.1) made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to (a) above, in a good and workmanlike manner, and within a reasonable time; and
(c) notify DOT of completion of, and the making final payment for, any Alteration within ten days after the occurrence of said completion or final payment.
7.3 Upon installation, title to all Alterations made to the OfficeLicensed Premises shall vest in and thereafter belong to the City at the City’s option, which may be exercised at any time after the Substantial Completion of their construction, renovation, improvement, affixing, placement or installation. With LandlordTo the extent the City chooses not to exercise its option with respect to any of the Alterations made to the Licensed Premises, Licensee shall remove such Alterations and restore the Licensed Premises to DOT’s written consent, Tenant, satisfaction to a condition as good as or better than at Tenant’s the commencement of the Term at the sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services expense of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insuranceLicensee.
7.4 DOT may, in such amounts as Landlord requiresits discretion, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay make or cause to be paid make additions, alterations, repairs, decorations or file a bond in improvements to Licensed Premises at the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and City's expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing but nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned to obligate or require DOT to make any additions, alterations, repairs, decorations or improvements, nor shall this provision in any way affect or impair Licensee's obligation herein in any respect. DOT will coordinate with Licensee and provide reasonable notice to Licensee of any such additions, alterations, repairs, decorations or improvements. DOT will use reasonable efforts to schedule any such additions, alterations, repairs, decorations, or improvements to be made by Tenant and Landlord may either retain DOT at such abandoned property or may remove such abandoned property at Tenanttimes as will cause the least interference with Licensee’s expenseoperations.
Appears in 1 contract
Sources: License Agreement
Alterations. Absent Tenant shall not permit alterations costing more than $10,000, or affecting the structural elements of the Building or Building systems, unless and until Landlord has approved the plans therefor in writing, which approval shall not be unreasonably withheld. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services option become a part of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises realty and the Alterations property of Landlord, and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onenot be removed by Tenant. Tenant shall carry ensure that all alterations shall be made in accordance with all applicable laws, regulations and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurancebuilding codes, in such amounts as Landlord requiresa good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, naming Landlord as insured and Tenant nothing in this Lease shall deliver evidence be construed to constitute Landlord’s consent to the creation of such insurance to Landlord prior to Tenant’s commencing the Alterationsany lien. Should a mechanic’s If any lien be is filed against the Office and/or Premises, Leased Premises for work done or claimed to have been done for or materials supplied for Tenant or material claimed to the Officehave been furnished to Tenant, Tenant shall pay or cause such lien to be paid or file a bond in the amount stated in the mechanic’s lien discharged of record within thirty fifteen (3015) days after receipt of said filing at Tenant’s sole cost notice thereof. Tenant shall indemnify Landlord from all costs, losses, expenses and expenseattorneys* fees in connection with any construction or alteration and any related lien. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership Notwithstanding anything to the installations by giving contrary contained herein, Tenant thirty shall have the right, from lime to time without Landlord’s consent, but with notice to Landlord, to perform alterations that do not cost more than $ 10,000 and that do not affect the structural elements of the Building or the Building systems (30) days written i.e. infrastructure), provided however, Tenant shall have no obligation to provide notice prior to Landlord to perform alterations costing less than $10,000 which do not affect the Termination Date structural elements of such relinquishment of ownershipthe Building or the Building systems. For clarification purposes, in which eventTenant does not need Landlord’s consent or to provide notice to Landlord to paint and install wall coverings, they shall install workstations, equipment, and/or carpet and other floor coverings, replace the existing exterior door that will become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, main office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseentrance.
Appears in 1 contract
Alterations. Absent Tenant shall make no structural or system changes or modifications in or to the Demised Premises of any nature without Landlord’s 's prior written consent. Subject to the provisions of this Section 15, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations installations, additions or improvements after the Lease Commence- ment Date which are nonstructural and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect affect utility services including, without limitation, the ServicesHVAC system and the plumbing and electrical lines serving the Demised Premises. Any repairs, utilities replacements, alterations, installation and/or additions required or other operations or services permitted to be performed by Tenant under any provision of the Premises this Lease shall not be commenced until plans and which are done specifications therefor have been submitted to and approved by contractors Landlord. Such work shall then be performed in accordance with such approved plans and sub-contractors specifications and shall be performed only by contractors, subcontractors and mechanics approved by Landlord and in every instancea first-class manner to Landlord's reasonable satisfaction and shall be done in a manner which will ensure labor harmony within the Building. Before If Landlord grants Landlord's consent to the making Alterationsof alterations or improvements by Tenant, such consent is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy or correctness of Tenant's plans and specifications. If Landlord requires any changes, Tenant shall cause the plans and specifications to be revised in accordance with Landlord's requirements and shall resubmit the same to Landlord for Landlord's review. All fixtures and paneling, partitions, railings and other improvements installed or affixed to the Demised Premises by or at the request of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the Demised Premises unless Landlord, by notice to Tenant no later than twenty (20) days prior to the date fixed as the termination of this Lease, elects to have any items (other than Landlord's Work) removed by Tenant, in which event, the same shall be removed from the Demised Premises by Tenant forthwith, at Tenant's expense. Nothing contained in this Section 15 shall be construed to prevent Tenant's removal of Tenant's own business or trade fixtures, but upon removal of any such business or trade fixtures from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at Tenant's expense, repair and restore the Demised Premises to the condition existing prior to installation, ordinary wear and tear excepted, and repair any damage to the Demised Premises or the Building due to such removal. All property permitted or required to be removed by Tenant at the expiration of the Term remaining in the Demised Premises after Tenant's vacation of the Demised Premises shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall promptly deliver duplicates of all municipal authorities or other agencies having jurisdiction of the Premises such permits, approvals and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies certificates to Landlord of each and every one. Tenant shall agrees to carry ▇▇▇▇▇▇▇'▇ compensation (in full compliance with all applicable law) and cause to be carried by each contractor and sub-contractor, workmen’s compensation, such general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay reasonably require. Should a If any mechanic’s 's lien be is filed against the Office and/or Premises, Demised Premises or the Building for work done or claimed to have been done for (or materials supplied for furnished to) Tenant, then the same shall be discharged by Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty ten (3010) days of said filing thereafter, at Tenant’s sole cost and 's expense. Any installation , by filing the bond required by law, regardless of materials, fixtures and the like shall become the property of Landlord upon whether Tenant disputes any such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseclaim.
Appears in 1 contract
Alterations. Absent Tenant shall make all additions, improvements and alterations (hereinafter "Alterations") on the Leased Premises, and on and to the appurtenances and equipment thereof, required by any governmental authority or which may be made necessary by the act or neglect of any persons, firm or corporation, public or private. Except as provided in the immediately preceding sentence, Tenant shall not create any openings in the roof or exterior walls, or make any other Alterations to the Leased Premises without Landlord’s 's prior written consent, which consent Landlord may, in its discretion, withhold. As to any Alterations which Tenant may make no alterations is required hereunder to the Office. With perform or to which Landlord consents, such work shall be performed strictly in accordance with plans and specifications therefor first approved in writing by Landlord or, at Landlord’s written consent's option (exercised by notice in writing from Landlord to Tenant given within ten (10) days after Landlord receives Tenant's plans and specifications), Tenantsuch work shall be performed by employees of or contractors employed by Landlord, at Tenant’s sole cost and 's expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities . Upon completion of any Alterations by or other operations or services on behalf of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making AlterationsTenant, Tenant shall obtain 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. In the event Tenant makes any Alterations not in compliance with the provisions of this Section 9.2, Tenant shall, upon written notice from Landlord immediately remove such Alterations and restore the Leased Premises to their condition immediately prior to the making thereof. If Tenant fails so to remove such Alterations and restore the Leased Premises as aforesaid, Landlord may, at its option, and in addition to all permitsother rights or remedies of Landlord under this Lease, approvalsat law or in equity, certificates required by any and all municipal authorities or other agencies having jurisdiction of enter the Leased Premises and the Alterations and upon receiving same, perform said obligation of Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to reimburse Landlord prior to Tenant’s commencing for the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or cost to the OfficeLandlord thereof, Tenant immediately upon being billed therefor by Landlord. Such entry by Landlord shall pay not be deemed an eviction or cause to be paid disturbance of Tenant's use or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations Leased Premises nor render Landlord liable in any manner to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Sources: Industrial Space Lease (Nelnet Inc)
Alterations. Absent 9.1 Sublandlord hereby approves the plans for alterations attached hereto as Exhibit F and agrees to use commercially reasonable efforts to obtain Master Landlord’s written consentconsent thereto. Otherwise, Tenant may during the Term Subtenant shall not make no any other alterations or improvements in or additions or improvements to the OfficePremises (“Alterations”) if to do so would constitute a default under the Master Lease (without regard to any requirement of notice or cure period). With Sublandlord’s consent to such Alterations shall not be withheld if Master Landlord consents to such Alterations. Sublandlord shall use reasonable efforts to obtain the consent of Master Landlord’s written consent. If Alterations by Subtenant are consented to, TenantSubtenant shall comply with all of the covenants of Sublandlord contained in the Master Lease pertaining to the performance of such Alterations. In addition, Subtenant shall indemnify, defend and hold harmless Sublandlord against liability, loss, cost, damage, liens and expense imposed on Sublandlord arising out of the performance of Alterations by Subtenant and/or failure to remove the same at Tenantthe end of the Term if Sublandlord is required to surrender the Premises to Master Landlord with all such alterations removed and the Premises restored to the condition as of the date of mutual execution of this Sublease.
9.2 Any consented to or actual Alterations shall be made at Subtenant’s sole cost and expense, may make alterations, installations including any cost to comply with applicable laws and improvements (regulations and any management or supervision fee charged by Master Landlord and shall if Master Landlord at the “Alterations”) time of consent does not indicate otherwise in writing to Sublandlord and Subtenant be removed by Subtenant prior to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services end of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing Term at TenantSubtenant’s sole cost and expense. Any installation The cost of materialssuch removal shall be paid by Subtenant, fixtures and including restoration of the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership Premises to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession condition as of the Office, Tenant shall remove all personal property date of mutual execution of this Sublease and installations damage due to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned any part thereof occasioned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseremoval.
Appears in 1 contract
Sources: Sublease (Conceptus Inc)
Alterations. Absent Landlord’s Tenant shall not make or permit to be made any alterations, additions or improvements (the "Alterations") to the Premises without the prior written consent of Landlord and Prime Landlord which may be granted or withheld in their sole discretion. If Tenant shall desire to make any such Alteration, Tenant shall apply for the consent of Landlord and Prime Landlord and furnish complete plans and specifications for the desired Alterations and the names of the construction contractor(s) to be engaged by Tenant. If Landlord and Prime Landlord shall have granted their consent, Tenant may make no alterations proceed with any such approved Alterations SUBJECT TO TENANT FULFILLING THE FOLLOWING CONDITIONS:
(i) Subsequent to obtaining the Office. With consent of Landlord and Prime Landlord and prior to commencement of construction of the Alterations, Tenant shall deliver to Landlord and Prime Landlord (a) the building permit and a copy of the executed construction contract covering the Alterations and (b) certificates evidencing the existence of workers' compensation insurance covering all persons employed for such work and comprehensive general liability and property damage insurance naming Landlord’s written consent, TenantPrime Landlord, and Tenant as insureds, with coverage of at least $5,000,000 single limit.
(ii) All Alterations shall be performed at Tenant’s 's sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry keep the Premises free and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence clear of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, all liens for any work done or material claimed to have been done or materials supplied for furnished to Tenant or to the Office, Premises on Tenant's behalf. Tenant shall pay discharge any mechanics lien filed against the Premises or cause to be paid or file the Building of which the Premises forms a bond in the amount stated in the mechanic’s lien part within thirty (30) days of said filing such filing. Tenant shall indemnify Landlord and Prime Landlord for any and all claims, costs and expenses incurred by Landlord and/or Prime Landlord in connection with any liens. If Tenant fails to discharge such lien, Landlord may, but shall not be obligated to, discharge such lien on Tenant's behalf without determining the validity of the same.
(iii) At Landlord's option, Tenant shall provide, at Tenant’s 's expense, such completion, performance and/or payment bonds.
(iv) Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Premises shall be completed in accordance with the plans and specifications approved by Landlord and Prime Landlord, shall be carried out in a good, workmanlike and prompt manner, shall comply with all applicable statutes, laws, ordinances, regulations, rules, orders and requirements of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors.
(v) If the Alterations which Tenant causes to be constructed result in Landlord or Prime Landlord being required to make any alterations and/or improvements to other portions of the Building in order to comply with any applicable statutes, laws, ordinances, regulations, rules, orders or requirements (e.g., ordinances intended to provide full access to handicapped persons), then Tenant shall reimburse Landlord and/or Prime Landlord, as the case may be, upon demand for all costs and expenses incurred by Landlord and/or Prime Landlord, as the case may be, in making such alterations and/or improvements.
(vi) Any Alterations made by Tenant shall remain on and be surrendered with the Premises upon the expiration or sooner termination of the Term, except Tenant shall upon demand by Landlord, at Tenant's sole cost and expense. Any installation of materials, fixtures forthwith and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall with all due diligence remove all personal property and installations or any portion of any Alterations made by Tenant which are designated by Landlord to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished be removed, and Tenant shall immediately forthwith and with all due diligence, and at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and repair tear excepted. Prior to any installation of Alterations, and upon written request therefor by Tenant, Landlord shall notify Tenant if removal of Alterations will be required.
(vii) During the Office progress of any Alterations, Landlord and Prime Landlord shall have the right to that condition existing on inspect the Commencement Date. Any Premises and Tenant shall afford Landlord access and the opportunity to respect, at all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensereasonable times.
Appears in 1 contract
Sources: Sublease Agreement (Biopure Corp)
Alterations. Absent Landlord’s written consent, Tenant may Subtenant shall not make no alterations to any Leasehold Improvements (as defined in the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”Master Lease) to the Office provided they are non- structural in nature, which do not effect Premises without the Services, utilities or other operations or services express prior written consent of the Premises Sublandlord and which are done by contractors and sub-contractors approved by of Master Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or (to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which extent Master ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished consent is required under the Master Lease), which consent by Sublandlord shall not be unreasonably withheld, conditioned or delayed. Subtenant shall reimburse Sublandlord for all reasonable, out-of-pocket costs which Sublandlord may incur in connection with reviewing Subtenant’s plans for such Leasehold Improvements, including, without limitation, reasonable attorneys’ fees and Tenant costs and any fees or costs charged by Master Landlord with respect to such Leasehold Improvements pursuant to the Master Lease, provided Sublandlord shall immediately not impose a separate supervision, administrative, review or similar fee. On termination of this Sublease, if required by Master Landlord pursuant to the Master Lease, Subtenant shall remove any or all of such Leasehold Improvements and restore and repair the Office Premises (or any part thereof) to that the same condition as of the date Sublandlord delivered possession of the Premises to Subtenant; provided, in no event shall Subtenant be required to remove or pay for the removal of any Leasehold Improvements existing on as of the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may Should Subtenant fail to remove such abandoned property at Tenant’s expenseLeasehold Improvements and restore the Premises on termination of this Sublease unless as otherwise set forth above, Sublandlord shall have the right to do so, and charge Subtenant the costs incurred by Sublandlord in addition to any costs or expenses charged by Master Landlord under the Master Lease.
Appears in 1 contract
Alterations. Absent Except for cosmetic alteration projects that do not exceed $53,535.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed Landlord may elect to have been done or materials supplied for Tenant or cause its architect to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon review ▇▇▇▇▇▇’s surrender architectural plans, and the reasonable cost of same. However, Landlord may relinquish such right of ownership to the installations that review shall be reimbursed by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇. Should the Alterations proposed by ▇▇▇▇▇▇ and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s ownership interest has been relinquished systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and Tenant furniture, shall immediately restore and repair become the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Landlord and shall be deemed abandoned 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 approval, require Tenant to remove by the Expiration Date or sooner termination date of this Lease, all or any Alterations installed either by Tenant and or by Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserequest (collectively, the “Required Removables”). Notwithstanding anything to the contrary in the foregoing, the Tenant Improvements (as defined in the Work Letter attached hereto) shall not be Required Removables but any alternates described in the “Plan” (as defined in the Work Letter attached hereto) installed at Tenant’s request shall be Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.
Appears in 1 contract
Alterations. Absent 9.1 Except as expressly provided in this Sublease, Subtenant shall not make any alterations, improvements or additions in or to the Sublease Premises (“Alterations”) without the prior written consent of the Sublandlord, which consent shall not be unreasonably withheld; provided, however, if Master Landlord withholds its consent to Alterations, then it shall not be deemed unreasonable for Sublandlord to withhold its consent. In the event Master Landlord approves Subtenant’s plans and specifications with respect to Subtenant’s proposed Alterations, then Sublandlord agrees to approve such plans and specifications.
9.2 Notwithstanding any other provisions in this Sublease, no Alterations shall be made that would constitute a Default or event of default under the Master Lease. Subtenant shall pay all costs incurred by Sublandlord in seeking or obtaining Master Landlord’s written consentconsent (regardless of whether Master Landlord’s consent is granted). If Alterations by Subtenant are consented to by Sublandlord and consented to by Master Landlord (if required under the Master Lease), Tenant may make no alterations Subtenant shall comply with all of the covenants of Sublandlord contained in the Master Lease pertaining to the Office. With Landlord’s written consentperformance of such Alterations.
9.3 Subject to Section 7.2 above, TenantSubtenant shall indemnify, defend and hold harmless Sublandlord against liability, loss, cost, damage, liens and expense imposed upon Sublandlord arising out of any Alterations constructed or made by Subtenant, including those Alterations permitted under the terms of this Sublease.
9.4 Any permitted Alterations shall be made at TenantSubtenant’s sole cost and expense, including any cost to comply with applicable Laws, any management or supervision fee charged by Master Landlord, and any removal or restoration costs necessary or incurred pursuant to the provisions of the Master Lease. In addition to any fees payable to Master Landlord with respect to Alterations under the Master Lease, Subtenant shall reimburse Sublandlord for the reasonable review fees incurred by Sublandlord by third-party consultants and for the review of plans or any inspections that Sublandlord reasonably deems necessary with regards to the requested Alterations. Subtenant shall not be required to remove any Alterations upon surrender of the Sublease Premises unless Master Landlord requires removal.
9.5 Subtenant may make alterationsCosmetic Alterations (as defined in the Master Lease) that does not exceed $50,000 per project without the written consent of Sublandlord, installations and improvements (the “Alterations”) subject to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services terms of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseMaster Lease.
Appears in 1 contract
Sources: Sublease (Nerdwallet, Inc.)
Alterations. Absent Except for cosmetic alteration projects that do not exceed $100,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any commercially reasonable requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated of 5% of the cost of the Alterations which require Landlord’s consent. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender approval, require Tenant to remove by the Expiration Date or sooner termination date of same. Howeverthis Lease, Landlord may relinquish such right of ownership all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the installations Work Letter) installed either by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair tear excepted. Notwithstanding anything to the Office to that condition existing on contrary in the foregoing, in no event will any improvements or conditions within the Premises as of the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseconsidered Required Removables.
Appears in 1 contract
Sources: Lease (Redwood Trust Inc)
Alterations. Absent Tenant shall have the right to make non-structural Alterations to the Leased Premises without Landlord’s written consent, Tenant may make no alterations to consent provided the Officecost does not exceed a total of $200,000 in any calendar year. With Any other Alterations shall require Landlord’s written consent which shall not be unreasonably withheld or delayed. Any construction performed in the Additional Premises shall not be considered an alteration and shall be governed by Section 3 of this Lease. At the time Tenant requests Landlord’s consent for any Alterations that require Landlord’s consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies plans and specifications to Landlord. Landlord shall notify Tenant, within ten (10) business days after receipt of each Tenant’s plans and every onespecifications, whether Landlord offers to perform the Alterations, along with a draft construction budget. Tenant shall carry notify Landlord within 10 business days whether Tenant wishes to proceed with the Alterations and cause whether it elects to be carried retain Landlord to perform the Alterations in accordance with the construction budget provided by each contractor and sub-contractorLandlord. In the event Landlord consents to the Alterations but does not to perform the work, workmen’s compensationTenant shall comply with the following: (i) not less than 10 business days prior to commencing any Alteration, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to final plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s commencing contractors and subcontractors have adequate insurance coverage naming Landlord, and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor which consent shall not be unreasonably withheld, (iii) the AlterationsAlteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Legal Requirements and the plans and specifications delivered to, and approved by Landlord. Should a mechanic’s lien be filed against If Landlord is not the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officecontractor, Tenant shall pay provide Landlord with as-built plans, in both CAD and PDF format, along with back-up disks, upon completion of the work. All Alterations attached to the Building shall become part of the realty immediately upon installation and, except for Alterations which Landlord requires Tenant to remove pursuant to this Lease, shall be surrendered with the Leased Premises without payment by Landlord. If Landlord’s consent to the Alterations is conditioned upon Tenant’s removal of such Alterations at the expiration or cause termination of the Lease Term, then Tenant will remove the Alterations and will repair any resulting damage and will restore the Leased Premises to be paid the condition existing prior to the Alteration. If any contractor performing work on behalf of Tenant files a mechanics lien against the Property, then Tenant, within 15 days after receipt of notice that a lien has been filed shall either discharge the lien or file a bond post sufficient security in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations lien to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair guaranty the Office to that condition existing on removal of the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselien.
Appears in 1 contract
Alterations. Absent Tenant shall not permit alterations costing more than $25,000, or affecting the structural elements of the Building or Building systems, unless and until Landlord has approved the plans therefor in writing, which approval shall not be unreasonably withheld, conditioned or delayed. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services option become a part of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises realty and the Alterations property of Landlord, and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onenot be removed by Tenant. Tenant shall carry ensure that all alterations shall be made in accordance with all applicable laws, regulations and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurancebuilding codes, in such amounts as Landlord requiresa good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, naming Landlord as insured and Tenant nothing in this Lease shall deliver evidence be construed to constitute Landlord’s consent to the creation of such insurance to Landlord prior to Tenant’s commencing the Alterationsany lien. Should a mechanic’s If any lien be is filed against the Office and/or Premises, Leased Premises for work done or claimed to have been done for or materials supplied for Tenant or material claimed to the Officehave been furnished to Tenant, Tenant shall pay or cause such lien to be paid or file a bond in the amount stated in the mechanic’s lien discharged of record within thirty fifteen (3015) days after receipt of said filing at Tenant’s sole cost notice thereof. Tenant shall indemnify Landlord from all costs, losses, expenses and expenseattorneys’ fees in connection with any construction or alteration and any related lien. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership Notwithstanding anything to the installations by giving contrary contained herein, Tenant thirty shall have the right, from time to time without Landlord’s consent, but with notice to Landlord, to perform alterations that do not cost more than $25,000 and that do not affect the structural elements of the Building or the Building systems (30) days written i.e. infrastructure), provided however, Tenant shall have no obligation to provide notice prior to Landlord to perform alterations costing less than $25,000 which do not affect the Termination Date structural elements of such relinquishment of ownershipthe Building or the Building systems. For clarification purposes, in which eventTenant does not need Landlord’s consent or to provide notice to Landlord to paint and install wall coverings, they shall install workstations, equipment, and/or carpet and other floor coverings, replace the existing exterior door that will become Tenant’s and must be removed upon main office entrance. In addition, Tenant may install in the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s Premises its usual trade fixtures, office furniture signage (including Tenant’s corporate lettering and equipment which can be easily movedlogo in the common area outside the Building occupied by Tenant, subject to Section 16.10). Upon and personal property in a proper, lawful and workmanlike manner, without causing damage to the Termination Date and surrender of possession Premises, provided that no such installation shall interfere with or damage the mechanical or electrical systems or the structure of the OfficeBuilding. Prior to the vacation of the Premises, Tenant shall remove all if applicable, or expiration or early termination of the Lease, trade fixtures and personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining installed in the Office after the Termination Date shall be deemed abandoned Premises by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property shall, at Tenant’s expense, be removed from the Premises, and Tenant shall promptly repair at its own expense any damage to the Premises or Building resulting from such installation and removal.
Appears in 1 contract
Alterations. Absent Tenant shall not make any alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord’s 's prior written consent, Tenant may make no provided that Landlord's consent shall not be required for alterations costing less than $5,000 that are not affixed to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by do not affect building structure or building systems. If Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies gives its consent to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeveralterations, Landlord may relinquish such right post notices in accordance with the laws of ownership the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the installations by giving Premises. Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which may accompany a request for ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and 's consent to alterations with a request for Landlord's election whether such alterations are to be removed on termination of the Lease. If Tenant so requests, then Landlord shall notify Tenant at time of consent whether Landlord will require removal of the alterations. If Landlord elects under this Lease to require removal of alterations, then at its own cost Tenant shall immediately 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 repair the Office to that condition existing on the Commencement Datepermits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Any and all property of Tenant remaining in the Office after the Termination Date All such construction shall be deemed abandoned 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 and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Sources: Master Lease (Tripath Imaging Inc)
Alterations. Absent 8.1 Tenant shall not make any alterations, additions or improvements (collectively, “Alterations”) in or to the Premises, including, but not limited to the Building exterior or interior, HVAC, and interior build-out, or make changes to locks on doors or add, disturb or in any way change any plumbing or wiring without obtaining the prior written consent of Landlord, which may be withheld, conditioned, or delayed in Landlord’s sole and absolute discretion.
8.2 All Alterations shall be made at Tenant’s sole expense. All work with respect to any Alterations shall be performed in a good and workmanlike manner, shall be of a quality equal to or exceeding the then-existing construction standards for the Premises and must be of a type, materials and finish (including floor coverings and ceilings) customary for general warehousing use and the Premises. Alterations shall be diligently prosecuted to completion to the end that the Premises shall be at all times a complete unit except during the period necessarily required for such work. All Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto. Tenant shall secure all licenses and permits necessary for any Alterations prior to the commencement of such work and shall give Landlord reasonable written consentnotice prior to the commencement of any Alterations and shall allow Landlord to enter the Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any Alterations.
8.3 All Alterations installed in or attached to the Premises by Tenant (except trade fixtures) shall, at the option of Landlord, upon the expiration or earlier termination of the Lease, belong to and become the property of Landlord without any payment from Landlord and if such option is exercised, shall be surrendered by Tenant in good order and condition as part of the Premises upon the expiration or sooner termination of the Lease Term. At Landlord’s request, Tenant may make no alterations shall restore the Premises to the Officecondition it was in prior to Tenant’s occupancy, such restoration to be completed on or before the expiration of the Lease Term, at Tenant’s expense. With Tenant shall not use or penetrate the roof of the building on the Premises for any purpose whatsoever without the prior written consent of Landlord, which consent may be withheld, conditioned, or delayed by Landlord, in Landlord’s written consentsole and absolute discretion. Landlord reserves the right to require Tenant to remove any or all of its trade fixtures and restore the Premises to its original condition.
8.4 Landlord shall have no obligation to pay any expenses or administrative fees relating to any Alterations. INDUSTRIAL LEASE - 7
8.5 Tenant shall pay all costs for the work done by or for Tenant on the Premises, and Tenant shall keep the Premises free and clear of all liens of whatever kind or nature. Tenant shall indemnify, defend, save and hold Landlord harmless from and against any and all liability, loss, damage, cost, attorneys’ fees and all other expenses on account of any prohibited lien.
8.6 Any additional or other upgrades, replacements or alternations to the Premises required as part of the Alterations (“Other Alterations”) shall be performed by Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (in accordance with the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services provisions of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Article 8.
Appears in 1 contract
Sources: Industrial Lease (1847 Holdings LLC)
Alterations. Absent 12.1 Tenant must give Landlord prior notice before making any alterations to the Premises or Project, including any changes to the existing landscaping. Tenant may make non-structural alterations to the Premises that cost less than $15,000 without Landlord’s 's consent. All other alterations must receive Landlord's prior written consent, which will not be unreasonably withheld, conditioned, or delayed. At the end of each calendar year, Tenant may make no shall provide Landlord with construction drawings of all such alterations and changes made to the OfficePremises during that calendar year. With Landlord’s written consentFor any alterations made by Tenant pursuant to this Section 12, TenantLandlord may post notice of non-responsibility in accordance with the laws of the state in which the Premises are located. All alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, not less than 60 days before the expiration of the Term of this Lease, elect to require Tenant to remove any alterations which Tenant has made to the Premises. If Landlord so elects, Tenant shall, at its own cost, restore the Premises to the condition designated by Landlord in its election before the last day of the Term of this Lease. Tenant shall promptly repair any damage to the Premises caused by the removal of such alterations.
12.2 Should Landlord consent in writing to Tenant’s sole cost 's alteration of the Premises, Tenant shall contract with a contractor signatory to the applicable collective bargaining agreement and expense, may make reasonably approved by Landlord for the construction of such alterations, installations shall secure all appropriate governmental approvals and improvements (permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All such construction shall be performed in a manner which will not interfere with the “Alterations”) to lease rights or quiet enjoyment of other tenants of the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of Project. Tenant shall discharge from the Premises and Project, within 20 days after having received notice thereof, all liens which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities may result from construction of alterations or other agencies having jurisdiction improvements by or at the request of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Alterations. Absent Tenant shall make no changes in or to the demised premises of any nature without Landlord’s 's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations installations, additions or improvements which are non-structural and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect adversely affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the Premises demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which are done event, the same shall be removed from the premises by Tenant prior to the expiration of the lease at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord. Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay reasonably require. Should a If any mechanic’s 's lien be or U.C.C. financing statement is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant or to the Officewithin ten days after notice, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and 's expense. Any installation of materials, fixtures and by filing the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations bond required by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property law or may remove such abandoned property at Tenant’s expenseotherwise.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may Lessee shall not make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make any major alterations, installations and additions, improvements (the “Alterations”which exceed $2,500.00 in value) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations changes in or services of to said Leased Premises or the Premises Buildings, or attach, affix or build therein any improvement or installation without Lessor's prior written consent in each and which are done by contractors and sub-contractors approved by Landlord in every instance. Lessor's written consent shall not be unreasonably withheld or delayed. Before making Alterationsany such work is done or any materials therefore are delivered on said Leased Premises or into the Buildings, Tenant Lessee shall obtain provide Lessor with plans, specifications, names of contractors, copies of contracts and necessary permits; shall indemnify and hold harmless Lessor against liens, costs, damages and expenses of all permitskinds; and shall submit to Lessor's reasonable supervision of said work. All additions, approvalsinstallations, certificates required by any alterations, permanent fixtures and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations permanent improvements in and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or said Leased Premises, for work done whether installed by Lessee or claimed Lessor, shall become Lessor's property, and shall remain upon, and be surrendered with, said Leased Premises without disturbance or injury upon the termination of this Lease by lapse of time or otherwise, all without payment or credit to Lessee. Lessee shall have been done or materials supplied for Tenant or the right to the Officeplace in said Leased Premises, Tenant shall pay or cause at such locations therein as Lessee may from time to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialstime determine, Lessee's furniture, trade fixtures and the like standard business office machines and equipment, and such personal property shall become be and remain the property of Landlord upon Lessee. Provided Lessee is not in default hereunder, such installation personal property may be removed by Lessee at any time during the lease term, and may be, and shall remain in the Office be upon ▇▇▇▇▇▇’s surrender of same. HoweverLessor's request, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon expiration, or upon earlier termination of this Lease in any manner. Lessee, however, agrees to repair at Lessee's expense any damage to said Leased Premises or the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned Buildings caused by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseremoval.
Appears in 1 contract
Sources: Lease Agreement (Channelpoint Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in naturePremises or the Business Park without Landlord’s prior written consent, which do consent shall not effect be unreasonably withheld. Once Landlord’s written consent is granted, Tenant must provide Landlord at least ten (10) business days prior to the Services, utilities or other operations or services commencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises and which are done located. All Alterations made by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain be performed by Tenant and its contractors in a good and workmanlike manner and permits and inspections shall be obtained from all permits, approvals, certificates required by any governmental entities. Any Alterations made shall remain on and all municipal authorities or other agencies having jurisdiction of be surrendered with the Premises and the Alterations and upon receiving sameexpiration or termination of this Lease, Tenant shall deliver duplicate or certified copies to except that Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractormay, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant before or thirty (30) days written notice prior after expiration of the Term, elect to require Tenant to remove some or all of the Alterations which Tenant may have made to the Termination Premises. If Landlord so elects, Tenant shall at its own cost restore the 5020 Premises to the condition that existed as of the 5020 Commencement Date and the 5070 Premises to the condition that existed as of the 5070 Commencement Date, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. If requested by Tenant at the time of Tenant’s request for approval of Alterations, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said Alterations upon expiration or termination of the Lease. Should Landlord consent in writing to Tenant’s Alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such relinquishment 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. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of ownershipall mechanics’ liens which may result from construction by Tenant. Notwithstanding the foregoing, Tenant may construct non-structural Alterations within the interior of either the 5020 Building or the 5070 Building without Landlord’s prior approval, if the cost of any such project does not exceed Fifty Thousand Dollars ($50,000) in which event, they shall become Tenant’s and must be removed upon each of the Termination Date5020 Building or the 5070 Building in any twelve (12)-month period. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture furniture, equipment and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all other personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining installed in the Office after the Termination Date Premises (collectively, “Tenant’s Property”) shall at all times be deemed abandoned by and remain Tenant’s property. Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseProperty from the Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property.
Appears in 1 contract
Sources: Standard NNN Lease (3PAR Inc.)
Alterations. Absent Tenant shall not make any alterations, additions, or improvements to the Premises without Landlord’s prior written consentconsent which may be withheld in Landlord’s reasonable discretion. The foregoing notwithstanding, Tenant may make no alterations to the Office. With cosmetic, non-structural changes, e.g., painting, floor covering, etc., without Landlord’s written consent. Any such improvements, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in naturewiring, which do not effect the Services, utilities cables or other operations or services conduit installed by Tenant shall at once become part of the Premises and which are belong to Landlord except for removable machinery and unattached movable trade fixtures. Landlord may at its option require that Tenant remove any improvements, alterations, wiring, cables or conduit installed by or for Tenant and restore the Premises to the original condition upon termination of this Lease. Tenant shall not be responsible for the restoration of any work done previous to the date this Lease is executed, except for the restoration of the 2nd floor elevator lobby and corridor. Landlord shall have the right to approve the contractor used by contractors Tenant for any work in the Premises, and sub-contractors approved to post notices of nonresponsibility in connection with work being performed by Landlord Tenant in every instancethe Premises. Before making AlterationsWork by Tenant shall comply with all laws then applicable to the Premises. Tenant, at its sole expense, shall have the right at any time during the Lease term of their current lease/sublease and future lease terms, to construct a first floor reception area as indicated on the attached Exhibit I. In addition, Tenant shall obtain all permitshave the right at any time during the Lease term to construct the showers on the first floor per Exhibit J, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of with the Premises and cost to construct the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause showers to be carried by each contractor split equally between Landlord and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Sources: Office Lease (Pixelworks, Inc)
Alterations. Absent (a) Tenant will not make or permit alterations, improvements or additions (including fixtures) in or to the Premises (collectively "Alterations") without Landlord’s 's prior, written consent. Tenant's request for such consent shall be in writing, accompanied by proposed detailed plans and specifications. At the time Landlord grants its consent to any Alterations, Landlord shall notify Tenant may make no in writing (a "Removal Notice") whether Tenant will be required to remove such Alterations at the expiration or termination of the Term in accordance with the provisions of Paragraph 23.1 hereof. Notwithstanding the foregoing, (i) minor alterations to the Office. With Landlord’s written consentsuch as repainting and carpeting, Tenantor alterations with an aggregate cost of less than $25,000 per year, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”ii) to the Office provided they are non- structural in nature, which do not effect the Servicesaffect structural components or building systems, utilities or other operations or services of the Premises shall not require Landlord's consent hereunder, but all work in connection therewith shall be conducted and which are done by contractors and sub-contractors approved by Landlord completed in every instancea first class manner. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to will be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing performed at Tenant’s sole 's cost and expense. Tenant may engage its own contractors to perform remodel work upon written approval by Landlord. In such event, Landlord shall charge Tenant for Landlord's reasonable out-of-pocket expenses incurred in reviewing and inspecting such construction. Any installation and all plans must be submitted to Landlord for approval, and building permits, if required, must be obtained prior to commencement of materialsany construction remodeling. All alterations, fixtures additions and the like improvements constructed by Tenant shall become remain the property of Tenant during the Lease Term but shall not be damaged, altered, or removed from the Premises. Subject to Paragraph 23, at the expiration or sooner termination of the Lease Term, all alterations, additions, or improvements shall be surrendered to Landlord upon such installation as a part of the realty and shall remain then become Landlord's property. Tenant will promptly notify Landlord of the value thereof for insurance and tax purposes. Tenant will hold Landlord forever harmless against any and all claims, expenses (including taxes) and liabilities of every kind which may arise out of or in any way be connected with any work performed by or on behalf of Tenant unless such work was performed by Landlord.
(b) Tenant shall give Landlord not less than ten (10) days notice prior to the commencement of any work in the Office Premises by or on behalf of Tenant, and Landlord shall have the right to post notices of non-responsibility in or on the Premises or the Building as provided by Law. All Alterations, repairs and replacements by Tenant shall be made, constructed and installed in accordance with all applicable Laws (and Tenant shall perform all work necessary to comply fully with all Laws necessitated by the Alterations, whether structural or non-structural, within the interior or exterior of the Premises) and insurance underwriter's requirements, and shall be of a quality and class at least equal to the original work, performed in a good and workmanlike manner with grades of materials approved by Landlord, which approval will not be unreasonably withheld. Tenant will give Landlord opportunity to inspect all work. Tenant shall provide Landlord with permit drawings (if any), as-built sepia drawings, and temporary certificates of occupancy (if required) for all Alterations promptly upon their completion. Should Tenant make any Alterations without Landlord's prior written approval, or in violation of such approval or the requirements of this Para▇▇▇▇▇ ▇▇’s surrender of same. However.▇, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇ ▇’s ownership interest has been relinquished ▇▇, at any time during the Term, either remove any part or all of the same on Tenant's behalf and at Tenant's expense, or require that Tenant do so. Tenant's trade fixtures, furniture, equipment and other personal property installed in the Premises ("Tenant's Property") shall at all times be and remain Tenant's property. Except for alterations which cannot be removed without structural or other substantial injury to the Premises, at any time Tenant may remove alterations installed by Tenant or Tenant's Property from the Premises, provided that Tenant repairs all damage caused by such removal.
(c) If during the term of this Lease, any Alteration, whether structural or otherwise to all or any portion of the Premises or Building is required by Law (including, but not limited to, alterations required by the Americans with Disabilities Act of 1990 or any amendments thereto or any regulations prorogated thereunder (collectively the "ADA") because of (i) Tenant's particular and unique use or occupancy of the Premises or change of use or occupancy of the Premises, (ii) Tenant's application for any building permit or governmental approval, (iii) Tenant's construction or installation of any Alterations, (iv) any violation by Tenant of any Law (including any requirement of the ADA), (iv) any special use of the Premises or any part thereof by Tenant or any subtenant or assignee of Tenant (including, but not limited to any use for a facility which constitutes, or if open to the public would generally constitute a "place of public accommodation" under the ADA requirements), or (v) any special needs of the employees of Tenant or any assignee or subtenant of Tenant, then Tenant shall immediately restore promptly make the same at its sole cost and repair expense. Within ten (10) days after receipt, Tenant shall notify Landlord in writing and provide Landlord with copies of (vi) any notices alleging any violation of any Law relating to the Office Premises or Tenant's occupancy or use of the Premises, including any notices alleging violation of the Premises or the ADA to that condition existing on any portion of the Commencement Date. Any and all property Premises; (vii) any claims made or threatened in writing regarding non-compliance with the ADA or any Law relating to the Premises; or (viii) any governmental or regulatory actions or investigations instituted or threatened regarding non-compliance with the ADA or any Law relating to any portion of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Sources: Lease (McAfee Com Corp)
Alterations. Absent Tenant shall not make any alterations to the Premises (“Alterations") without Landlord’s prior written consent, which consent shall not be unreasonably withheld, provided however that Tenant may make no non-structural alterations costing less than $10,000 per event without Landlord’s consent. Regardless of whether Landlord’s consent for an Alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior to the Officecommencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. With Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All Alterations made by Tenant, whether or not subject to Landlord’s written consent, Tenant, at shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Landlord shall respond to Tenant within fifteen (15) business days of actual receipt of Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) written request for consent to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed If Landlord fails to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien respond within thirty (30) days of said filing actual receipt, the Alterations shall be deemed approved and not subject to removal at Tenantthe end of the Term. At the time Landlord gives its consent to any Alterations, it shall designate whether Tenant will be required to remove some or all of such Alterations upon the expiration or termination of this Lease or whether Tenant will be able to leave the Alterations and surrender them with the Premises. Everything else notwithstanding, in no event will Tenant be required to remove or restore Alterations that are generic office tenant improvements or engineering (dry) labs. Landlord may, upon 60 days prior written notice before the expiration of the Term, require Tenant to remove some or all of the Alterations for which Landlord’s sole consent was not previously requested. Before the last day of the Term, Tenant shall at its own cost and expensealso remove those Alterations for which Landlord previously notified Tenant removal would be required. Any installation of materialsIf Landlord so elects, fixtures and the like Tenant shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership at its own cost restore those Alterations for which consent was not previously requested to the installations condition designated by giving Tenant thirty (30) days written notice prior to Landlord in its election, before the Termination Date last day of such relinquishment of ownership, the Term. Should Landlord consent in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and writing to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession Alteration of the OfficePremises, Tenant shall remove contract with a contractor approved by Landlord for the construction of such Alterations, shall secure all personal property appropriate governmental approvals and installations permits, and shall complete such Alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding anything in this Lease to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished the contrary, Landlord will inspect the existing alterations and improvements in the Premises within ninety (90) days of the date the Lease is executed in full by both parties, and Tenant shall not be obligated to remove any elements of the existing alterations and improvements that Landlord approves, but subject to the paragraph immediately restore above, shall be obligated to remove as of the Expiration Date of this Lease any alterations and repair improvements to the Office Premises made subsequent to that condition existing on the Commencement DateDate of the Prior Lease (as defined below) which Landlord has not approved in writing. Any If Landlord fails to inspect or provide written notice regarding its approval to Tenant within the ninety (90) day period described above, all existing alterations and all property of Tenant remaining in the Office after the Termination Date improvements shall be deemed abandoned by Tenant approved and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseneed not be removed as of the Expiration Date of this Lease.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations to the OfficeProject; with the exception that Tenant shall have the opportunity however not the obligation to repaint the exterior green and ▇▇▇▇ painting (stripes, doors, awnings, etc.) on the Project; Tenant permitted to paint stripes blue and/or white, and doors and awnings ▇▇▇▇ or white . With Tenant shall use the services of WB Painting together with the exact same coatings product(s) recently utilized by WB Painting for such work in order to maintain a consistent warranty of recent exterior painting completed on Building D-l. Tenant may solicit other proposals from other painting contractors for such work including the utilization of the exact same coatings product(s) recently utilized by WB Painting in order to confirm the competiveness of the pricing of WB Painting, and WB Painting shall match the average price from two other bidders if the average is lower than WB Painting’s pricing,. Landlord will assist in coordination of said stripe repainting. Any and all warranty of such contemplated painting shall be assigned to the Landlord. Tenant shall not make any alterations to the Premises without Landlord’s prior written consentconsent in each instance which consent shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after the expiration or termination of this Lease or the termination of Tenant’s right of possession, elect to require Tenant to remove any alterations which Tenant may have made to the Premises with the exception of painting. If Landlord so elects, at Tenant’s sole its own cost and expense, may make alterations, installations and improvements (Tenant shall restore the “Alterations”) Premises to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved condition designated by Landlord in every instance. Before making Alterationsits election, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction before the last day of the Premises and the Alterations and upon receiving sameterm or within 30 days after notice of its election is given, Tenant whichever is later. Any request for Landlord’s consent to alterations shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within made at least thirty (30) days of said filing at before any work is commenced and shall be accompanied by (i) detailed and costed plans and specifications for all alterations, and (ii) Tenant’s sole cost written agreement to provide, upon completion of work, a complete set of as-built plans and expensespecifications. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipwithhold consent, in which eventits sole discretion, they or may issue such consent subject to conditions. All alterations shall become be constructed only after obtaining Landlord’s prior written consent and only in conformity with all Laws. The issuance of Landlord’s consent shall not be a waiver of nor any opinion regarding Tenant’s and must be removed upon the Termination Dateobligation to comply with all laws. Nothing herein is meant to give Should Landlord any ownership rights consent in and writing to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession alteration of the OfficePremises, Tenant shall remove contract with a contractor approved by Landlord for the construction of such alterations, shall secure all personal property appropriate governmental approvals and installations to permits, and shall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord. All such construction shall be performed in a manner which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall immediately restore pay all costs for construction of alterations and repair shall keep this Lease, the Office Premises and the Project free and clear of all liens which may result from work by third parties authorized by Tenant. If any such lien is filed and not removed within ten (10) days of written notice thereof from Landlord to that condition existing on Tenant, the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date same shall be deemed abandoned by an event of default hereunder. It shall be a further event of default for Tenant and Landlord may either retain such abandoned property or may to fail to remove such abandoned property at Tenant’s expenselien within ten (10) days of the filing thereof.
Appears in 1 contract
Sources: Business Park Lease (Nlight, Inc.)
Alterations. Absent 6.1 Tenant shall not make any additions, alterations, improvements or changes (collectively, “Tenant Improvements”) in or to the Premises or the Building without the prior written approval of Landlord, including, without limitation, any penetration of the roof from the interior or exterior of the Premises (which must be performed by the contractor that installed the roof, or such other contractor acceptable to Landlord in its sole and absolute discretion). Any request to make Tenant Improvements shall be accompanied by a set of plans drawn by a licensed architect and a proposed timeline for the completion of the work. All Tenant Improvements shall be at the sole cost and expense of Tenant. Any Tenant Improvements shall be made promptly and in a good and workmanlike manner and in compliance with all insurance requirements and with all applicable permits, authorizations, building regulations, zoning laws and all other governmental rules, regulations, ordinances, statutes and laws, now or hereafter in effect pertaining to the Premises or Tenant’s use thereof and such Tenant Improvements shall be done by recognized union labor if so required by Landlord. Prior to the commencement of such work, Tenant shall give evidence to Landlord that appropriate insurance satisfactory to Landlord has been obtained by Tenant and Tenant’s contractor for the protection of Landlord and its tenants and invitees from damage or injury resulting from the making of such Tenant Improvements. In addition, prior to the commencement of such work, Tenant, if required by Landlord, shall secure, at Tenant’s expense, performance, labor and materials bonds for the full cost of such work satisfactory to Landlord. Landlord will direct electricians as to where and how telephone wires are to be introduced. No boring or cutting for wires will be allowed without the consent of Landlord. The location of telephones, call boxes and other office equipment affixed to the Premises shall be subject to the reasonable approval of Landlord. Tenant shall not lay linoleum, tile, carpet or other similar floor coverings and the same shall not be affixed to the floor of the Premises in any manner except as approved by Landlord. The expense of repairing any damage resulting from a violation of this rule or removal of any floor covering shall be borne by Tenant. Any Tenant Improvements made by Tenant shall at Landlord’s written consentoption become the property of Landlord upon the expiration or sooner termination of this Lease. However, Landlord shall have the right to require Tenant may make no alterations to the Office. With Landlord’s written consent, Tenantremove such Tenant Improvements, at Tenant’s sole cost and expense, may make alterations, installations upon such termination of this Lease and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of surrender the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice same condition as it was prior to the Termination Date making of any or all such relinquishment Tenant Improvements, ordinary wear and tear excepted.
6.2 Tenant shall not alter, manipulate or in any manner make any changes or interfere with the operation of ownershipthe Building fire sprinkler system or other life safety equipment.
6.3 Tenant will not create or permit to be created or to remain, in which eventand will discharge, they shall become Tenant’s and must be removed any lien, encumbrance or charge upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeequipment, Tenant shall remove all or personal property and installations to which ▇▇▇▇▇▇▇▇located within the Premises.
6.4 Landlord’s ownership interest has been relinquished and Tenant approval of any drawing plans or specifications shall immediately restore and repair not constitute any assumption of any liability for the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property accuracy or may remove such abandoned property at Tenant’s expensesufficiency thereof.
Appears in 1 contract
Sources: Lease (1847 Holdings LLC)
Alterations. Absent (a) Tenant shall make no changes in or to the Demised Premises of any nature without Landlord’s prior written consentconsent which consent shall not be unreasonably withheld or delayed, provided, however, that Tenant shall be entitled to make installations, alterations or additions costing less than $5,000.00 and which do not affect the mechanical, electrical, plumbing or structural systems of the Building, without obtaining the prior written consent of Landlord (hereinafter, all changes requiring Landlord’s consent and those not requiring Landlord’s consent will be called “Tenant’s Changes”). All fixtures, equipment and other tenant improvements installed in the Demised Premises by Tenant at its expense which is not consistent with standard office use shall be and shall remain the property of Tenant and shall be removed by Tenant at the expiration of the Lease Term; and provided that Tenant shall repair and restore any damage to the Demised Premises caused by the installation and/or removal of any such fixtures, equipment or other tenant improvements. Subject to the preceding sentence, if Tenant desires to leave any tenant improvements which it has made to the Demised Premises, Tenant may make no alterations leave such improvements only with the prior written consent of Landlord, and such improvements shall then remain as part of the Demised Premises and become the property of the Landlord at the expiration of the Lease Term. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such items from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the Demised Premises to substantially the condition existing prior to the Officeinstallation and Tenant will repair any damage to the Demised Premises or the Building due to such removal. With All property permitted or required to be removed by Tenant at the end of the Lease Term remaining in the Demised Premises after Tenant’s removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s written consent, Tenant, property or may be removed from the Demised Premises by Landlord at Tenant’s sole cost expense. Landlord agrees that Tenant shall not be required to remove any part of Landlord’s Work pursuant to the attached Work Letter, including any halls, doors, corridors, ceiling tiles, and expensecarpeting.
(b) Any Tenant Changes made by Tenant or Tenant’s Contractors must comply with the following:
(1) No Tenant Changes shall be made which shall impair the structural soundness or diminish the value of or cause permanent damage or injury to the Building or the Demised Premises or create a dangerous or hazardous condition or injure the business of or unreasonably interfere with, may make disturb or annoy any other tenant or occupant of the Building.
(2) Landlord agrees to cooperate (i.e., executing permit applications, to the extent required). Tenant shall, before making any alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in natureor improvements, which do not effect the Servicesat its expense, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all municipal such permits, approvals and certificates to Landlord.
(3) All Tenant Changes shall be performed in a workmanlike manner and shall be in compliance with all laws, codes, ordinances, orders, rules, regulations and requirements of all governmental authorities having or other agencies having jurisdiction asserting any jurisdiction.
(4) Tenant shall maintain or cause to have maintained, at no cost to Landlord (i) Workmen’s Compensation Insurance, in accordance with all laws, covering all persons employed in connection with Tenant Changes and, (ii) General Liability Insurance in amounts and with insurers reasonably satisfactory to Landlord insuring Landlord and its agent against the hazards due to Tenant Changes. Prior to the commencement of the Premises and the Alterations and upon receiving sameany work, Tenant shall deliver duplicate or certified copies submit appropriate written proof reasonably satisfactory to Landlord of each and every one. Tenant’s compliance with this requirement.
(5) No Tenant Changes shall affect or change (i) the structural integrity of the Building, (ii) the exterior appearance of the Building, or (iii) the air-conditioning, air-cooling, plumbing, electrical or heating system and/or any other such system of the Building unless Tenant shall carry have (a) submitted to Landlord for its written approval, accurate dimensioned working drawings and cause specifications therefor and (b) paid to Landlord any reasonable third party fees or expenses incurred by Landlord in connection with submitting such drawings and specifications to an architect or engineer of Landlord’s selection for review or examination, and (c) obtained Landlord’s written approval of such drawings and specifications, not to be carried unreasonably withheld, conditioned or delayed.
(6) Nothing in this Lease shall be construed in any way as constituting the permission, consent or request of the Landlord, express or implied through act, or omission to act, by each contractor and inference or otherwise, to any contractor, sub-contractor, workmen’s compensationlaborer, general liabilityor materialman for the performance of any labor or the furnishing of any materials for any specific improvement, personal and property damage insuranceinstallation, in such amounts addition, decoration, alteration, or repair of or to the Demised Premises or so as Landlord requiresto give to the Tenant the right, naming Landlord as insured and Tenant shall deliver evidence power, or authority to contract for or permit the rendering of such insurance any service or the furnishing of any material that would give rise to Landlord prior to Tenant’s commencing the Alterations. Should a filing of any mechanic’s lien be against the Building or the Demised Premises. If any mechanic’s lien is filed against the Office and/or Demised Premises, or the Building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for Tenant furnished to, Tenant, whether or not done pursuant to this Article, the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date same shall be deemed abandoned discharged by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensein accordance with Article 43 of this Lease.
Appears in 1 contract
Alterations. Absent Except for cosmetic alteration projects that do not exceed $25,000.00 in aggregate cost during the Term and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, which Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not effect affect the Servicesstructural, utilities electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable; provided that, for projects that do not exceed $50,000.00, Landlord shall not require Tenant to post a lien or completion bond. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans with respect to any Alterations, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost Work Letter), but excluding moveable trade fixtures, furniture, office/telephone equipment, computers, and expense. Any installation of materialsother personal property, fixtures and the like shall become the property of Landlord upon such installation and shall remain 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, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. If Landlord fails to respond to any request for consent within the 10 day period set forth in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officepreceding sentence, Tenant shall remove all personal property and installations have the right to which ▇▇▇▇▇▇▇▇provide Landlord with a second request for consent. Tenant’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office second request for consent must specifically state that Landlord’s failure to that condition existing on the Commencement Date. Any and all property respond within a period of Tenant remaining in the Office after the Termination Date 5 business days shall be deemed abandoned to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseshall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.
Appears in 1 contract
Sources: Lease (Lombard Medical, Inc.)
Alterations. Absent Tenant shall not make any alterations to the Premises which affect the structure of the Building or the mechanical, electrical or plumbing systems of the Premises, without Landlord’s prior written consent, Tenant which shall not be unreasonably delayed, conditioned or withheld. Landlord may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make approve or disapprove such alterations, installations regulate the manner in which the work may be performed, require, among other things, the use of contractors Landlord approves, require lien and improvements (the “Alterations”) to the Office provided they are non- structural in naturecompletion bonds, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts form and amount reasonably satisfactory to Landlord. Landlord’s consent shall not be required for normal decorating or redecorating of the interior of the Premises, such as Landlord requiresthe painting of walls, naming Landlord as insured and the installation of wall or floor coverings or replacement of light fixtures; provided that such work does not impact the structure, plumbing, mechanical or electrical systems of the Building. Tenant shall deliver evidence promptly remove all debris from the Premises in the event alterations are performed by Tenant or at its direction. Tenant shall provide Landlord with “as-built” plans, copies of all construction contracts and proof of payment for all labor and materials. Tenant shall keep the Premises free from any liens arising out of work performed, materials furnished or obligations incurred by or for Tenant or, if any such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be is filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall promptly bond over the lien to the reasonable satisfaction of Landlord. Tenant shall reimburse Landlord for all costs and expenses, including attorneys’ fees, reasonably incurred by Landlord due to the filing and/or removal of such liens that are not satisfactorily bonded over. Tenant’s failure to pay such costs and expenses within ten (10) days after written demand shall be a default in the same manner as nonpayment of Rent and Landlord may pay or bond over such lien and charge the cost to Tenant as Additional Rent. However, Tenant shall have no obligation to remove any such lien, and Landlord shall have no right to cause to be paid or file a bond such removal in the event Tenant provides Landlord with security against the enforcement of such lien in an amount stated in and a manner reasonably acceptable to Landlord. All alterations, additions or improvements made by either party upon the mechanic’s lien within thirty Premises, including floor coverings (30) days of said filing except movable office furniture and trade fixtures installed at the Tenant’s sole cost expense), shall remain upon and expense. Any installation be surrendered with the Premises at the termination of materialsthis Lease, fixtures without molestation or injury, and the like shall thereupon become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. HoweverLandlord; provided, however, that Landlord may relinquish such right of ownership to the installations designate by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in Tenant those alterations and additions which event, they shall become Tenant’s and must be removed upon by Tenant at the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession expiration or termination of the OfficeLease, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore promptly remove the same and repair any damage (including screw holes, mollies, unmatched wallpaper or paint, etc.) to the Office Premises caused by such removal. If Landlord directs Tenant to that condition existing on remove any alterations from the Commencement Date. Any and all property Premises, including any specialty items installed by or at the request of Tenant, Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may will remove such abandoned property items at Tenant’s expensethe end of the Lease term and restore the Premises to a good condition. In the event Landlord approves any alteration, Tenant shall:
13.1. comply with all governmental codes and ordinances; and
13.2. perform all such alterations in a first-class, workmanlike manner.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may The Tenant(s) shall not make no any alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities remodel or other operations or services decorate any portion of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Rented Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay erect or cause to be paid erected, any structure in, about, or file upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a bond in door giving entry to the amount stated in Rented Premises or cause or allow the mechanic’s lien within thirty (30) days of said filing at locking system to be altered during the Tenant’s sole cost occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and expense. Any installation CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of materials, fixtures any damage to or malfunction of any Detectors supplied by the Landlord and the like shall become Landlord agrees to service same, provided the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership malfunction is not due to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be removed upon operational. Tenant(s) shall reimburse the Termination Date. Nothing herein is meant to give Landlord for any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession expenses incurred for replacement or servicing of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseequipment.
Appears in 1 contract
Sources: Tenancy Lease Agreement
Alterations. Absent Landlord’s written consentLandlord 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, Tenant may make no alterations Landlord hereby recognizes and consents to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services right of the Premises Tenant to, upon delivery and which are done acceptance by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the OfficePremises (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 remove all personal property and installations have the right at any time, with respect to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and any completed Phase, to make such alterations, changes, or improvements in or to the interior of any Building(s) of the completed Phase as Tenant may deem necessary in the operation of the Premises; provided always, that no work done by Tenant shall immediately restore materially and repair adversely affect the Office structural strength of any such Building(s) without the written 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, conditioned, or delayed, as long as said alterations or improvements will not materially diminish the value of the Phase and are, in general, architecturally harmonious with the remainder of the previously completed Phases of the Premises or the conceptual plans therefor as referenced earlier in this Lease. If Landlord’s consent is required pursuant to this Section 13, Landlord shall have ten (10) business days after receipt of Tenant's plans to notify Tenant in writing whether Landlord approves or disapproves said plans. If Landlord disapproves Tenant's plans, Landlord shall set forth with specificity and detail the objections it has to the same, and the changes that condition existing are needed to make such work acceptable to Landlord. If Landlord fails to respond within the required time, Landlord will be conclusively deemed to have approved Tenant's plans therefor. For purposes of any plan review of and approval by Landlord for any such alterations, changes, or improvements, such review may be made and approval may be given therefor on behalf of the Commencement DateLandlord (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 all property of Tenant remaining made a part thereof shall have the title thereto and any deductions and/or credits applicable thereto treated in the Office after same fashion and subject to the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseprovisions of Section 11.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make All alterations, installations additions and improvements (the “Alterations”) to the Office provided they are non- structural in natureimprovements, which do not effect the Servicesexcept trade fixtures, utilities or other operations or services installed at expense of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of the Landlord upon such installation and shall remain upon and be surrendered with the leased premises as part thereof on the termination of this lease. Such alterations, additions, and improvements may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of the improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished Landlord a certificate of insurance showing coverage in an amount satisfactory to the Office upon Landlord 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 or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant’s expense and in such a manner that the 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, Tenant shall promptly remove and reinstall the equipment at Tenant’s expense, so that the repairs can be made. Upon termination of this lease Tenant will remove or cause to be removed such equipment if directed by Landlord. At the termination of this lease Tenant will deliver the leased premises in good order and condition, natural deterioration only accepted. Any damages whatsoever caused by Tenant shall be repaired at Tenants expense. All alterations, improvements, additions and repairs made by Tenant shall be made in good and ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense▇ like manner.
Appears in 1 contract
Alterations. Absent 7.1 Landlord agrees to install at Landlord’s written consent, Tenant may make no alterations cost and expense the improvements described in Exhibit C. All other improvements to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements Premises (the “Alterations”) shall be installed at the cost and expense of Tenant, but only in accordance with plans and specifications which have been previously submitted to the Office provided they are non- structural and approved in naturewriting by Landlord, which do not effect the Services, utilities and only by Landlord or other operations or services of the Premises and which are done by contractors and sub-contractors subcontractors on Landlord’s list of approved by Landlord in every instancecontractors. Before making In connection with any request for an approval of Alterations, Landlord may retain the services of an architect and/or engineer and Tenant shall obtain reimburse Landlord for the reasonable fees of such architect and/or engineer. All Alterations shall be constructed in accordance with all permitsgovernmental laws, approvalsordinances, certificates required by rules and regulations (“Laws”) and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any and all municipal authorities loss from any mechanics’, laborers’, materialmen’s or other agencies having jurisdiction liens. At the time of the Premises and the Alterations and upon receiving samecompletion of each Alteration, Tenant shall deliver duplicate or certified copies to Landlord a set of each final “as-built” plans. All Alterations shall be and every one. remain the property of Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured during the Term and Tenant shall deliver evidence shall, unless Landlord otherwise elects, remove all Alterations and restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that, if at such insurance to time Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisesso elects, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like such Alterations shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the Premises and title shall remain in the Office upon pass to Landlord under this Lease as by a ▇▇▇▇▇▇’s surrender ▇ of samesale. HoweverAll such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord (which approval shall not be unreasonably withheld) so as not to damage the Building.
7.2 Landlord shall be responsible for any costs incurred in bringing the shell and core Building facilities into compliance with governmental requirements, Landlord may relinquish such right of ownership including the Americans With Disabilities Act (“ADA”). If Tenant makes any Alterations to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipPremises which affect governmental compliance, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeincluding ADA compliance, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property be responsible for any costs of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain compliance with such abandoned property or may remove governmental requirements resulting from such abandoned property at Tenant’s expenseAlterations.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed Landlord may elect to have been done or materials supplied for Tenant or cause its architect to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon review ▇▇▇▇▇▇’s surrender architectural plans, and the reasonable cost of samethat review shall be reimbursed by ▇▇▇▇▇▇. HoweverShould the Alterations proposed by ▇▇▇▇▇▇ and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord may relinquish such right of ownership with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the installations by giving Premises, including without limitation all Tenant thirty (30) days written notice prior Improvements constructed pursuant to the Termination Date of such relinquishment of ownershipWork Letter (except as otherwise provided in the Work Letter), in which eventbut excluding moveable trade fixtures and furniture, they 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 approval, require Tenant to remove by the Expiration Date or sooner termination date of this Lease, all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which its pre-existing condition, reasonable wear and tear excepted. ▇▇▇▇▇▇▇ REALTY & MORTGAGE INC-▇ ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense▇ ▇▇▇▇▇▇-▇▇▇ ▇▇▇-▇▇
Appears in 1 contract
Alterations. Absent Except for cosmetic alteration projects that do not exceed $125,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in nature, which do not effect Premises without the Services, utilities or other operations or services prior written consent of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instanceLandlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of a Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall immediately restore use Landlord’s designated mechanical and repair electrical contractors for all Alterations work affecting the Office mechanical or electrical systems of a Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to that condition existing on Landlord. Tenant shall obtain all required permits for the Commencement DateAlterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for ▇▇▇▇▇▇▇▇’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review ▇▇▇▇▇▇’s architectural plans, and the reasonable cost of that review shall be reimbursed by ▇▇▇▇▇▇. Should the Alterations proposed by ▇▇▇▇▇▇ and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Tenant remaining in the Office after the Termination Date Landlord. Such Alterations shall be deemed abandoned surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given simultaneously with Landlord’s consent, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant and or by Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserequest (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of ▇▇▇▇▇▇’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.
Appears in 1 contract
Sources: Lease (Axonics, Inc.)
Alterations. Absent Subject to Landlord’s 's prior written consentapproval of plans ----------- and specifications, which approval shall not be unreasonably withheld or delayed, Tenant may make alterations and improvements to the Leased Premises reasonably necessary and appropriate for the conduct of Tenant's business. Tenant shall have no right to make any exterior or structural alterations to the Office. With any building without Landlord’s 's prior written consent. If Landlord consents to Tenant's proposed alterations, TenantLandlord shall inform Tenant in connection with such consent whether Landlord will require Tenant to remove the proposed alterations and restore the Premises at the expiration of the term. All such alterations, additions and improvements shall be at Tenant’s the sole cost and expenseexpense of Tenant. With the exception of any movable partitions, trade fixtures, appliances and equipment which may make be installed with Landlord's consent, all such alterations, installations additions and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises as a part thereof at the termination of samethis Lease, without disturbance or injury, provided that, at Landlord's option (which option must be exercised at the time consent to such alteration is given as provided above), Tenant shall, at its expense, remove such alterations and restore the Premises to its pre-existing condition, normal wear and tear excepted, at the expiration or earlier termination of this Lease. HoweverIf Tenant performs work on the Premises, Tenant agrees to comply with all laws, ordinances, rules and regulations of any authorized public authority. Tenant further agrees to defend, indemnify and save Landlord may relinquish such and its property free and harmless from lien, damage, loss or expense arising out of said work. Tenant shall have the right of ownership to construct on, or move additional structures or buildings onto, the installations by giving Tenant Premises subject to thirty (30) days prior written notice prior to and approval by Landlord. Said buildings or structures shall be constructed in accordance with the Grant County Building. Code. Landlord's approval shall not be unreasonably withheld in light of the present use and type of buildings on the Premises. Tenant shall bear all costs and expenses associated with construction of said additional structures or buildings. Ownership of any buildings built and permanently attached to the Termination Date Premises shall revert to Landlord, and Tenant agrees to execute any documents necessary to convey title to said buildings to Landlord. Ownership of such relinquishment of ownership, in structures moved to or constructed on the Premises which event, they may be readily relocated shall become remain with Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall have, the right to remove all personal property and installations said movable structures at any time upon thirty (30) days prior written notice to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Landlord. Tenant shall immediately restore and repair not be charged any additional rent for the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property newly constructed or may remove such abandoned property at Tenant’s expensemoved structures.
Appears in 1 contract
Alterations. Absent Landlord’s written consentLandlord acknowledges that it has consented to all alterations and improvements made to the Premises by Tenant prior to the Effective Date, including clean rooms and approximately 12,000 square feet of office space. Tenant may shall not make no any additional alterations to the OfficeProject or the Phase after the Effective Date other than to the Premises (the Premises shall include the outdoor tank farm). With Tenant shall not make any additional alterations to the Premises after the Effective Date without Landlord’s prior written consentconsent in each instance which consent shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions. If Landlord gives its consent to such alterations, Tenant, at Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations other than Tenant’s sole cost trade fixtures, and expenseany equipment and personal property, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services shall be a part of the Premises and shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except for those which Landlord elects shall be removed by written notice given during the Lease Term or within sixty (60) days thereafter; provided, however, Landlord hereby agrees that it accepts and will not require Tenant to remove at expiration or termination of this Lease, the approximately 12,000 square feet of additional office space added by Tenant or the wiring, or plumbing now or hereafter installed by Tenant in accordance with the provisions of this Lease. If any alterations are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsto be removed, Tenant at its own cost shall obtain all permitsrestore the Premises to the condition existing prior to such alteration being made, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction before the last day of the Premises and the Alterations and upon receiving sameterm or, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractorif later, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days (or such additional time as reasonably shall be necessary to remove same) of said filing Landlord’s written notice to Tenant to remove the same. Any request for Landlord’s consent to alterations shall be made at least thirty (30) days before any work is commenced and shall be accompanied by (i) detailed and cost plans and specifications for all alterations, and (ii) Tenant’s sole cost written agreement to provide, upon completion of work, a complete set of as-built plans and expensespecifications. Any installation Landlord may issue such consent subject to conditions (including but not limited to conditions requiring deposit with Landlord of materials, fixtures funds and/or bonds to cover one-third (1/3) of anticipated alteration costs). All alterations shall be constructed only after obtaining Landlord’s prior written consent and the like only in conformity with all Laws. The issuance of Landlord’s consent shall become the property not be a waiver of Landlord upon such installation and shall remain in the Office upon nor any opinion regarding ▇▇▇▇▇▇’s surrender of sameobligation to comply with all Laws. However, Should Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, consent in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and writing to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession alteration of the OfficePremises, Tenant shall remove contract with a contractor approved by Landlord for the construction of such alterations (which approval shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions), shall secure all personal property appropriate governmental approvals and installations to permits, and shall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord, All such construction shall be performed in a manner which will not unreasonably interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for construction of alterations and shall keep this Lease, the Premises and the Project free and clear of all liens which may result from work by third parties authorized by ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished . If any such lien is filed, and Tenant shall immediately restore and repair not removed within ten (10) days of written notice thereof from Landlord to Tenant, the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date same shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensean event of default hereunder.
Appears in 1 contract
Sources: Lease (Nlight, Inc.)
Alterations. Absent Landlord’s written consent, Tenant may 7.01 Lessee shall not make no alterations any alteration to the Officepremises without Lessor's prior written consent which shall not be unreasonably withheld. With Landlord’s written consent, Tenant, at Tenant’s sole cost Any alterations made shall remain on and expense, may make alterations, installations and improvements (be surrendered with the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities premises on expiration or other operations or services termination of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationslease term, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction except that Lessor can elect before expiration of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate term or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days after termination of the term to require Lessee to remove any alterations that Lessee has made to the premises. If Lessor so elects, Lessee at its cost shall restore the premises to the condition designated by Lessor in its election, before the last day of the term, or within twenty (20) days after notice of election is given, whichever is later.
7.02 All of said filing remodeling, alterations, and improvements shall be done pursuant to the terms of this section and according to such plans and specifications as may be approved by Lessor. All of said alterations, remodeling and improvements shall be at Tenant’s Lessee's sole cost and expense.
7.03 Any alterations; improvements, additions 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. Any installation If Lessor shall give consent, the 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 materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership a copy thereof to the installations by giving Tenant thirty (30) days written notice Lessor prior to the Termination Date 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 alterations shall be fast quality in workmanship and materials. Lessee shall notify Lessor at least twenty days in advance of any construction or delivery of materials to the 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 the effect of such relinquishment of ownershiplien or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys fees and costs in which event, they participating in such action if Lessor shall become Tenant’s and must be removed upon the Termination Date. Nothing herein decide it is meant in Lessor's best interest to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensedo so.
Appears in 1 contract
Sources: Lease (Valley Commerce Bancorp)
Alterations. Absent Landlord’s written consent, The Tenant may shall not make no any external or structural alteration or addition to the Property and shall not make any opening in any boundary structure of the Property consent not to be unreasonably withheld or delayed. The Tenant shall not install any Service Media on the exterior of the Property save for any such alterations to the Officechanging rooms which are permitted nor alter the route of any Service Media at the Property without the consent of the Landlord, such consent not to be unreasonably held or delayed. With Landlord’s written consentThe Tenant shall not make any internal, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) non-structural alteration to the Office provided they are non- structural in nature, which do not effect Property without the Services, utilities or other operations or services consent of the Premises Landlord, such consent not be unreasonably withheld or delayed. The Tenant shall not carry out any alteration to the Property which would, or may reasonably be expected to, have an adverse effect on the asset rating in any EPC commissioned in respect of the Property. Signs In this clause, Signs include signs, fascia, placards, boards, posters, and advertisements. The Tenant shall not attach any Signs to the exterior of the Property save for the usual pitchside advertising or display any inside the Property as to be seen from the outside, without the consent of the Landlord, such consent not to be unreasonably withheld or delayed. Before the end of the Term, the Tenant shall remove any Signs placed by it at the Property and shall make good any damage caused by the Property by that removal. The Tenant shall allow the Landlord to fix to and keep at the Property any sale or re-letting board as the Landlord reasonably requires. At the end of the term the Tenant shall return the Property to the Landlord in the repair and condition required by this lease. If the Landlord gives the Tenant notice, the Tenant shall remove items it has fixed to the Property, remove any alterations it has made to the Property and make good any damage caused to the Property by that removal. At the end of the term, the Tenant shall remove from the Property all chattels belonging to or used by it. The Tenant irrevocably appoints the Landlord to be the Tenant's agent to store or dispose of any chattels or items it has fixed to the Property and which are done have been left by contractors and sub-contractors approved the Tenant on the Property for more than ten working days after the end of the term. The Landlord shall not be liable to the Tenant by reason of that storage or disposal. The Tenant shall indemnify the Landlord in every instancerespect of any claim made by a third party in relation to that storage or disposal. Before making AlterationsIf the Tenant does not comply with its obligations in this clause, Tenant shall obtain all permitsthen, approvals, certificates required by without prejudice to any and all municipal authorities other right or other agencies having jurisdiction remedy of the Premises and Landlord, the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the Landlord an amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership equal to the installations by giving Annual Rent at the rate reserved immediately before the end of the term for the period that it would reasonably take to put the Property into the condition it would have been in had the Tenant thirty (30) days written notice prior performed its obligations under this clause. The amount shall be a debt due on demand from the Tenant to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLandlord.
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Sources: Lease
Alterations. Absent (a) During the Term, Tenant shall not make structural exterior alterations to the Premises (including, without limitation, alterations to the MEP systems serving the Building (Structural Alterations) without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Tenant may make no alterations to must provide Landlord with a complete set of plans for any proposed Structural Alterations. Tenant shall construct all Structural Alterations in substantial accordance with the Officeapproved plans. With Notwithstanding the preceding, Tenant will have the right, without Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may to make alterations, installations and improvements non-structural alterations (the “Non-Structural Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services interior of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancePremises. Before In making any Structural Alterations, Tenant shall obtain all permits, approvals, certificates required by notify Landlord at least 30 days prior to commencement of construction; and in making any and all municipal authorities Structural or other agencies having jurisdiction of the Premises and the Alterations and upon receiving sameNon-Structural Alterations, Tenant shall deliver duplicate or certified copies to Landlord of each comply with all Legal Requirements and every oneperform same in a good and workmanlike manner. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall promptly deliver evidence of such insurance to Landlord prior to complete and accurate as-built plans for any Structural Alterations. In the event that Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the OfficeNon-Structural Alterations consists of moving interior partitions, Tenant shall pay or cause to be paid or file a bond in so notify Landlord; upon Landlord’s written request, Tenant shall provide as-built plans for the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date relocation of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to interior partitions.
(b) Tenant’s trade fixtures, office furniture furnishings and equipment which can be easily movedin the Premises will remain Tenant’s property for all purposes and Tenant may remove them at its option and expense at any time on or before the Expiration Date. Upon the Termination Date and surrender of possession expiration of the OfficeTerm or any earlier termination of this Lease, Tenant shall surrender the Premises in good condition and repair, except for ordinary wear and tear, casualty damage, and damage that Landlord has the obligation to repair under the terms of this Lease. The foregoing covenant does not obligate Tenant to remove all personal property Structural or Non-Structural Alterations or other leasehold improvements made with respect to the Premises. All Tenant Improvements and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all other property of Tenant remaining not timely removed from the Premises shall become part of the Premises and will remain with the Premises upon the expiration of the Term or any earlier termination of this Lease.
(c) Tenant shall defend, indemnify and save harmless Landlord against any and all mechanic’s and other liens filed arising out of any work performed, materials furnished or obligations incurred in connection with Structural or Non-Structural Alterations. If Tenant does not procure the Office after satisfaction or discharge of all liens for which Tenant is responsible hereunder as and when required by this Lease, by bonding, payment or otherwise Landlord may, upon 30 days’ prior written notice to Tenant, pay the Termination Date amount of any lien or discharge the same by deposit or, alternatively, by bond or in any manner according to law, together with reasonable expenses incurred by Landlord, including all reasonable legal fees and such expenses shall be deemed abandoned payable by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseas additional rent hereunder within 30 days after demand.
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