Common use of Alterations Clause in Contracts

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 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 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 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 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 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 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 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 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 Tenant shall not make any alterations, additions or improvements to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed), except for (a) the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises and (b) Alterations that are cosmetic in nature and do not affect the Building’s Structure or any Building’s System, do not require permits, and are anticipated to cost less than $25,000 (“Permitted Alterations”). Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s written consentconsent to any Alterations. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall give written notice to Landlord at least ten (10) Business Days prior to beginning any construction, and Landlord may make no alterations post on and about the Premises or the Project notices of non-responsibility pursuant to applicable Laws. Tenant shall reimburse Landlord within thirty (30) days after the rendition of a ▇▇▇▇ for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations not to exceed three percent (3%) of the hard costs of such Alterations. If Landlord consents to the Office. With Landlord’s written consentmaking of any Alteration, Tenant, such Alteration shall be made by Tenant at Tenant’s sole cost and expenseexpense by a contractor reasonably approved in writing by Landlord. Without Landlord’s prior written consent, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do Tenant shall not effect the Services, utilities or other operations or services use any portion of the Premises Common Areas in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and which are done by contractors and sub-contractors approved expenses incurred 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 alterations 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 expenseimprovements. Any installation of materials, fixtures and the like Alterations made by Tenant shall become the property of Landlord upon such installation and shall remain in on and be surrendered with the Office Premises upon ▇▇▇▇▇▇the expiration or sooner termination of this Lease, unless Landlord requires the removal of such Alterations. Notwithstanding the foregoing, upon Tenant’s surrender of same. Howeverwritten request at the time it seeks Landlord’s consent to an Alteration, Landlord may relinquish agrees to indicate in writing whether it will require such right of ownership Alteration 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 expiration or earlier termination of the OfficeLease. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, prior to the Expiration Date or the last day of the Renewal Term (as defined in Exhibit G), as the case may be, or earlier termination of this Lease, remove all personal property or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and installations repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted (collectively, the “Removal and Restoration Work”); provided, however, at Landlord’s election, in lieu of having Tenant perform the Removal and Restoration Work, Tenant shall pay Landlord, within five (5) days following Landlord’s demand, an amount equal to the actual out-of-pocket cost of performing the Removal and Restoration Work, and Landlord shall have the right (but not the obligation) to perform such work on Tenant’s behalf. All construction work done by Tenant within the Premises shall be performed in accordance with all Laws, in a good and workmanlike manner with new materials of first-class quality, lien-free, and in such manner as to cause a minimum of interference with the transaction of business at the Project. All work which ▇▇▇▇▇▇▇▇may affect the Building’s ownership interest has been relinquished Structure or the Building’s Systems, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Project must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce the warranty on the roof. In all events, Tenant shall be required to use union labor in connection with any initial improvements and all Alterations. Tenant agrees to indemnify, defend and hold Landlord, its Affiliates, Harvest Properties, Inc. (“Harvest”), Cerberus Real Estate Capital Management, LLC, a Delaware limited liability company (“Cerberus”), and Landlord’s Property Manager, and their respective officers, directors, partners, members, shareholders, employees and agents (collectively, the “Indemnitees”) harmless against any loss, liability or damage resulting from such work performed by or at the request of Tenant (except for the Work), and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall immediately restore be solely responsible for ensuring all such compliance. All voice, data, video, audio and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining other low voltage control transport system cabling and/or cable bundles installed in the Office after the Termination Date Building by Tenant or its contractor shall be deemed abandoned by Tenant (i) plenum rated and/or have a composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (ii) labeled every 3 meters with Tenant’s name and origination and destination points; (iii) installed in accordance with all EIA/TIA standards and the National Electric Code; and (iv) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may either retain such abandoned property or may remove such abandoned property reasonably request. The routing plan shall be available to Landlord and its agents at Tenant’s expensethe Project upon request.

Appears in 2 contracts

Sources: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, 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 (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 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 Tenant may not make any changes, additions, alterations, improvements or additions to the Premises or attach or affix any articles thereto without Landlord’s prior written consent. All alterations, additions, or improvements which may be made upon the Premises by Landlord or Tenant may make no alterations (except unattached trade fixtures and office furniture and equipment owned by Tenant) shall not be removed by Tenant, but shall become and remain the property of Landlord. All alterations, improvements, and additions to the Office. With Premises (as permitted by Landlord’s written consent) shall be done only by Landlord or contractors or mechanics approved by Landlord, Tenant, and shall be at Tenant’s sole cost expense and expense, at such times and in such manner as Landlord may approve. If Tenant shall make any alterations, installations and improvements (the “Alterations”) or additions to the Office provided they are non- structural in naturePremises, which do not effect Landlord may require Tenant, at the Servicesexpiration of this Lease, utilities or other operations or services to restore the Premises to substantially the same condition as existed at the commencement of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instanceTerm. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities Any mechanics 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 mechanicmaterialmen’s lien be for which Landlord has received a notice of intent to file or which has been filed against the Office and/or Premises, for Premises or the Building arising out of work done or claimed to have been done for, or materials supplied for furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant or within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to the Office, Tenant shall pay or cause to be paid or file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, 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 materialsover, fixtures and the like shall become the property of Landlord upon or otherwise satisfy any such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverlien, 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 do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within ten (10) days following Tenant’s receipt of a ▇▇▇▇ from Landlord.

Appears in 2 contracts

Sources: Medical Office Building Lease (LifeCare Holdings, Inc.), Medical Office Building Lease (LifeCare Holdings, 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. 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 Subtenant shall make no alterations, installations, additions or improvements (collectively, “Alterations”) in or about the Sublease Premises without the prior written consent of Sublandlord in each instance, which consent shall not be unreasonably withheld provided that the prior written consent of the Prime Landlord is obtained (to the extent the consent of the Prime Landlord is required pursuant to the Prime Lease). Notwitthstanding the foregoing, Subtenant shall have the right to perform Alterations to the Equipment without obtaining the consent of Sublandlord, provided however, that Subtenant shall obtain the prior consent of the Prime Landlord, to the extent that the Prime Landlord’s consent is required pursuant to the terms of the Prime Lease. Any Alterations consented to by Sublandlord shall be performed by Subtenant at its sole cost and expense and in compliance with all of the provisions of the Prime Lease, including the provisions requiring the Prime Landlord’s prior written consent, Tenant may make no alterations and also in compliance with such other reasonable requirements of Sublandlord and Prime Landlord. Subtenant shall pay to Sublandlord any and all amounts payable to Prime Landlord in connection with Prime Landlord’s review and/or inspection of (a) any plans and/or specifications relating to any proposed Alterations, and (b) any Alterations during and subsequent to the Officemaking thereof. With LandlordSubtenant acknowledges that any such Alterations may become the property of the Prime Landlord in accordance with Section 9.02 of the Prime Lease. If Sublandlord determines that the services of architects, engineers or other professionals are reasonably required in order to review Subtenant’s written consentplans for any Alterations, Tenantand the performance of any inspections of such Alterations (during and subsequent to the making thereof), the fees and expenses of such professionals shall be deemed Additional Rent and paid promptly by Subtenant upon being billed therefor. Prior to the expiration (or any sooner termination) of the Term, if removal is required by either the Sublandlord or the Prime Landlord in accordance with Section 9.02 of the Prime Lease, Subtenant, at Tenantits sole cost and expense, shall remove any and all Alterations so required to be removed, and shall restore the Sublease Premises to good condition following such removal. Notwithstanding any language to the contrary, but provided that the prior written consent of the Prime Landlord is obtained (to the extent the consent of the Prime Landlord is required pursuant to the Prime Lease), Sublandlord agrees to the installation of security cameras and employee key card entry systems, all at Subtenant’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 so long as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord Sublandlord is notified 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 these systems 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 these installations are installed 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 expenselicensed electricians.

Appears in 2 contracts

Sources: Sublease Agreement (Enzon Pharmaceuticals Inc), Sublease Agreement (Enzon Pharmaceuticals 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 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 to the Premises (the “Alterations”) to ), only with the Office provided they are non- structural in natureprior written consent of Landlord, which do shall not effect be unreasonably withheld, conditioned, or delayed. Landlord shall have forty-five (45) days in which to respond to Tenant’s request for any Alterations so long as such request includes the Servicesname of Tenant’s contractors and reasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, utilities movable partitions, Tenant’s equipment, and trade fixtures that may be performed without damaging existing improvements or other operations or services the structural integrity of the Premises, and Landlord’s consent shall not be required for Tenant’s installation or removal of those items. Tenant shall perform all work within the Premises at Tenant’s expense in compliance with all applicable laws and which are done shall complete all Alterations in accordance with plans and specifications approved by contractors and sub-Landlord, using contractors approved by Landlord Landlord. Tenant shall pay, when due, or furnish a bond for payment (as set forth in every instanceSection 18) all claims for labor or materials furnished to or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmens’ liens against the Premises or any interest therein. Before making AlterationsFor the avoidance of doubt, Tenant shall obtain be solely responsible for payment of all permits, approvals, certificates required by costs and expenses related to any and all municipal authorities Alteration or other agencies having jurisdiction of work performed by, or at the Premises and the Alterations and upon receiving samedirection of, Tenant at the Premises. Landlord shall have the right to post or 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, notices Tenant shall remove all personal property Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in which case Tenant shall not remove such Alteration and installations to which ▇▇▇▇▇▇▇▇it shall become Landlord’s ownership interest has been relinquished and property. Tenant shall immediately restore repair any damage to the Premises caused by removal of Alterations. Tenant agrees to and repair shall indemnify and hold Landlord harmless against all liability, loss, damage, costs, attorneys’ fees and other expenses arising from claims of lien of laborers or materialmen for work performed or materials or supplies furnished for Tenant at 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 expensePremises.

Appears in 2 contracts

Sources: Lease Agreement (iCap Vault 1, LLC), Lease Agreement (iCap Vault 1, LLC)

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 Tenant shall not make any alterations to the Premises, including any changes to the existing landscaping, without Landlord’s 's prior written consent, . Tenant may make no non-structural alterations costing less than $50,000 per event without Landlord's consent. Regardless of whether Landlord's consent for 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’s written consent, 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, 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 naturea first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, which do not effect the Servicesexcept that Landlord may, utilities in connection with Tenant's request for Landlord's approval of any such alteration, elect to require Tenant to remove some or other operations or services all of the alterations which Tenant may have made to the Premises and which are done ("REQUIRED REMOVABLES"). If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by contractors and sub-contractors Landlord in its election or pursuant to any prior approval, before the last day of the Term. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord in every instance. Before making Alterationsfor the construction of such alterations, Tenant shall obtain secure all appropriate governmental approvals and permits, approvals, certificates required and shall complete such alterations with due diligence in compliance with plans and specifications approved 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(if required). Tenant shall carry pay all costs for such construction and cause to shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Tenant's property shall include, without limitation, Tenant's furniture, furnishings, business machines and equipment, computer conduits, communications equipment and such other property as may be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, required in such amounts as Landlord requires, naming Landlord as insured and the conduct of Tenant's business. Tenant shall deliver evidence have the right, but not the obligation (except at the expiration or prior termination of such insurance the Term), to Landlord prior remove the same at any time, to Tenant’s commencing finance the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisespurchase thereof, 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 grant security interests therein 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 expenseotherwise encumber same.

Appears in 2 contracts

Sources: Standard Modified Gross Office Lease (WWW Holdings Inc), Standard Modified Gross Office Lease (Earthlink Inc)

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 such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. In the event Landlord's consent is required for an alteration, Landlord will notify Tenant at the time it gives consent whether the alteration must be removed at the termination of this Lease. 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. 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 (Asset Acceptance Capital Corp), Industrial Lease Agreement (Asset Acceptance Capital Corp)

Alterations. Absent A. Tenant shall make no change, alteration, addition or improvement (each hereinafter referred to as an “alteration”) in or to the demised premises, without the prior written consent of Landlord, which consent may be withheld in Landlord’s written consentsole discretion if such alteration is not a “Tenant Alteration” (defined below) that complies with items (i) –(v) in Paragraph B below, 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 then only by contractors or mechanics and sub-contractors in such manner and with such materials as shall be reasonably approved by Landlord in every instanceLandlord, such approval not to be unreasonably delayed. Before making Except for “Specialty Alterations” (as hereinafter defined), Tenant shall obtain all permitshave no obligation to remove any permitted alterations, approvals, certificates required additions and improvements made by any and all municipal authorities or other agencies having jurisdiction Tenant in accordance herewith at the expiration of the Premises and the Alterations and upon receiving sameterm of this lease; provided, however, Tenant shall deliver duplicate or certified copies be required to remove any Specialty Alterations that Landlord of each and every oneso designates at the time Landlord grants its consent thereto. Tenant For purposes hereof, the term “Specialty Alterations” 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 mean (30i) 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, (ii) raised flooring, (iii) alterations which penetrate floor slabs or affect the exterior of the Building and (iv) safes or vaults and other installations which would be unusually difficult or expensive to remove. All alterations, to the demised premises, including, without limitation, window and central air conditioning equipment and duct work, if any, and fixtures, equipment and built-ins, except movable office furniture and equipment which can installed at the expense of Tenant, shall, unless Landlord elects otherwise in writing at the time consent is requested, become the property of Landlord, and shall be easily moved. Upon surrendered with the Termination Date and surrender of possession demised premises at the expiration or sooner termination 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 Dateterm of this lease. Any such alterations, additions and all property of Tenant remaining in improvements that Landlord shall designate at the Office after the Termination Date time consent is requested, shall be deemed abandoned removed by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property any damage repaired, at Tenant’s expenseexpense prior to the expiration of the term of this lease.

Appears in 2 contracts

Sources: Lease Agreement (On Deck Capital Inc), Lease Agreement (On Deck Capital Inc)

Alterations. Absent Landlord’s written consent, Landlord shall: improve exterior courtyard in its sole discretion; install French style double doors with glass (or similar) to replace solid double doors currently installed on courtyard side of Leased Premises and reinstall door or window (that is currently boarded up) on courtyard side of Leased Premises. Tenant may make no alterations to shall improve the Office. With Landlord’s written consent, Tenantbathroom and kitchen area of the leased premises, at Tenant’s sole cost expense and expensesubject to Landlord’s written approval. In lieu of a Tenant Improvement Allowance, may make alterations, installations Landlord shall provide Tenant with a three month abatement of rent only. Taxes and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do Insurance shall 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 onebe abated. Tenant shall carry and cause make no other alterations or improvements to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in the Leased Premises without advance written permission of Landlord. Tenant shall provide Landlord with a detailed description of any such amounts as Landlord requires, naming Landlord as insured alterations or improvements and Tenant shall deliver evidence of such insurance to not commence work until Landlord prior to Tenant’s commencing has approved the Alterationswork in writing. Should a mechanic’s lien be filed against any addition or alteration made by Tenant cause any increase in the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to insurance rate on the Officepremises, Tenant shall pay or cause such increase in addition 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 expenseagreed monthly rental amount. Any installation of materials, fixtures and such additions or changes made to the like premises by Tenant shall become the property of Landlord upon such installation and shall remain in Landlord, at the Office upon ▇▇▇▇▇▇’s surrender termination of same. Howeverthis Lease, Landlord may relinquish such without any right of ownership reimbursement therefor. Tenant shall promptly remove any items belonging to Tenant and repair or replace in a like condition the Leased Premises on or before the expiration of this Lease, or any extension or renewal thereof. Any alterations or additions made by Tenant to the installations by giving Leased Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant thirty (30) days written notice prior to the Termination Date shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence 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 insurance coverage 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 expenseDocuSign Envelope ID: CF34738C-2DF5-4E6D-861A-E373C468AB8F

Appears in 2 contracts

Sources: Triple Net Commercial Lease Agreement (Digital Brands Group, Inc.), Triple Net Commercial Lease Agreement (Digital Brands Group, 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 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 Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", and except for Permitted Changes, Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord’s 's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Without Landlord's prior consent, Tenant may shall be entitled to make nonstructural alterations and additions which (i) do not adversely affect the plumbing, heating, air conditioning, ventilation, electrical, mechanical and life safety systems of the Demised Premises and the Building (ii) do not materially reduce the overall quality of the leasehold improvements in the Demised Premises below the average level of quality typically found in first-class office buildings in the Buckhead area of Atlanta, Georgia (iii) are not visible from the exterior of the Building (due to unusual lighting of such alterations or additions in close proximity to the Building's exterior windows), and (iv) do not involve a Non-Standard Alteration ("Permitted Changes"). Other than the Permitted Changes, Tenant shall make no alterations in, or additions to, the Demised Premises without first obtaining, in writing, Landlord's consent for such alterations or additions, which consent shall not be unreasonably withheld or conditioned. Any such alterations, additions or improvements to the OfficeDemised Premises consented to by Landlord, except for Permitted Changes shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within twenty (20) days after receipt of a statement. With All such alterations, additions and improvements shall become Landlord’s written consent, 's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant, to be given, if at Tenant’s all, at the time Landlord consents to such alterations, additions and improvements, to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, may make alterations, installations and improvements (the “Alterations”) Demised 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 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 its condition prior to the Termination Date installation of such relinquishment of ownershipalterations, in which eventadditions and improvements, they shall become Tenant’s normal 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 2 contracts

Sources: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)

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 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 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 Tenant shall not, without the prior written consent which consent shall not be unreasonably withheld, of Landlord in each instance, make any alterations, improvements or additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, improvements or additions. If Landlord consents to said alterations, improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord’s , except to the extent Landlord gives its prior written consentconsent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may make no alterations hire its own contractors to install mill work, telecommunications equipment and food service equipment in the OfficePremises. With Landlord’s written consentTenant's shall promptly pay to Landlord or to Tenant's contractors, Tenantas a case may, at Tenant’s sole be, when due, the cost of all such work and expense, may make alterations, installations and improvements of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (the “Alterations”5%) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of all of the Premises costs of such work to reimburse Landlord for its overhead and which are done by contractors construction management services allocable to such work and suball out-contractors approved of-pocket costs incurred by Landlord in every instancereviewing plans and specifications for said alterations, improvements or additions. 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 sameUpon completion, Tenant shall deliver duplicate to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or certified copies to Landlord of each and every onematerials. Tenant shall carry defend and cause hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to 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 Alterationswork. Should a mechanic’s lien be filed against the Office and/or Premises, for All work done or claimed to have been done or materials supplied for by Tenant or its contractors pursuant to Sections 6 or 9 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the Office, Tenant shall pay or cause to be paid or file a bond in rules and regulations adopted by the amount stated in Landlord for the mechanic’s lien within Building. Within thirty (30) days after substantial completion 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 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 work 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 Officeor its contractors, Tenant shall remove all personal property and installations furnish to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Landlord "as built" drawings of such work. Landlord agrees that Tenant shall immediately restore and repair not be required to remove any alteration, improvement or addition made to the Office Premises in compliance with this Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, improvement or addition that condition existing on Landlord's consent to such installation is conditioned upon Tenant's agreement to remove same upon expiration or termination 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 expenseLease.

Appears in 2 contracts

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

Alterations. Absent Landlord’s Tenant shall not, without the prior written consent, which consent shall not be unreasonably withheld, of Landlord in each instance, make any alterations, improvements, or additions to the Premises. Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, improvements or additions. If Landlord consents to said alterations, improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may make no alterations hire its own contractors to install mill work, telecommunications equipment and food service facilities in the OfficePremises. With Landlord’s written consentTenant shall promptly pay to Landlord or to Tenant's contractors, Tenantas the case may be, at Tenant’s sole when due, the cost of all such work and expense, may make alterations, installations and improvements of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (the “Alterations”5%) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of all of the Premises costs of such work to reimburse Landlord for its overhead and which are done by contractors construction management services allocable to such work and suball out-contractors approved of-pocket costs incurred by Landlord in every instancereviewing plans and specifications for said alterations, improvements or additions. 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 sameUpon completion, Tenant shall deliver duplicate to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or certified copies to Landlord of each and every onematerials. Tenant shall carry defend and cause hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to 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 Alterationswork. Should a mechanic’s lien be filed against the Office and/or Premises, for All work done or claimed to have been done or materials supplied for by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and ail applicable laws and, ordinances and rules and regulations of governmental departments or agencies and the Office, Tenant shall pay or cause to be paid or file a bond in rules and regulations adopted by the amount stated in Landlord for the mechanic’s lien within Building. Within thirty (30) days after substantial completion 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 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 work 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 Officeor its contractors, Tenant shall remove all personal property and installations furnish to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Landlord "as built" drawings of such work. Landlord agrees that Tenant shall immediately restore and repair not be required to remove any alteration, improvement or addition made to the Office Premises in compliance with this Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, improvement or addition that condition existing on landlord's consent to such installation is conditioned upon Tenant's agreement to remove same upon expiration or termination 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 expenseLease.

Appears in 2 contracts

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

Alterations. Absent Tenant shall not permit any alteration, improvement, addition or installation in or to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Hanging art customarily associated with standard offices shall not require Landlord’s consent. Landlord shall respond to Tenant’s written consentrequests for consent within thirty (30) days after receipt of such written request from Tenant. If Landlord does not approve or disapprove within thirty (30) days of receipt of such written request, then Tenant may submit its request to Landlord a second time (including all supporting documentation). If Landlord does not approve or disapprove Tenant’s request within five (5) days after such second request, Landlord shall be deemed to have granted its consent to such request. All Work shall comply with Landlord's reasonable requirements and Building standards (including, without limitation, energy and environmental standards), as well as any and all applicable municipal building codes and other applicable laws. All contractors and subcontractors must meet with Landlord’s reasonable insurance requirements, as may be revised from time to time, and meet with the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant agrees not to allow any lien of any mechanic or materialman to be placed or filed against the Premises or the Building. In case any such lien shall be filed, Tenant may make no alterations to the Office. With Landlord’s written consentshall satisfy and release such lien of record, Tenantor, at Tenant’s sole cost and expense, may make alterations, installations provide a lien and improvements (the “Alterations”) completion bond in an amount equal to the Office provided they are non- estimated cost of such improvements, to insure Landlord against any liability for mechanic’s liens and to insure completion of the work within ten (10) business days after written (or actual) notice of such lien. Tenant shall pay to Landlord Landlord’s standard construction management fee of four percent (4%) of the hard and soft costs of all work, except for improvements that do not require Landlord’s consent. Notwithstanding the foregoing, Landlord’s consent shall not be required for, and the construction management fee shall not be applicable to, any alteration to the interior of the Premises that complies with the following requirements: (a) is non-structural in nature; (b) does not affect the roof or any area outside of the Premises; (c) does not materially affect the electrical, which do not effect plumbing, HVAC or mechanical systems in the ServicesBuilding or servicing the Premises, utilities or the sprinkler 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 life safety system; (d) costs less than $50,000.00 for 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 alteration project in the amount stated in the mechanic’s lien within thirty aggregate; (30e) 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 receives five (305) days business days’ prior written notice prior to the Termination Date (and entry of such relinquishment of ownershipworkers is coordinated with management); (f) Tenant is not then in monetary or material non-monetary default; (g) Landlord’s insurance requirements are satisfied; and (h) Landlord receives “as built” plans, 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 expenseif applicable.

Appears in 1 contract

Sources: Office Lease (Dynavax Technologies 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 and promptly 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 at its expense any damages resulting from such abandoned property or may remove such abandoned property at Tenant’s expenseremoval.

Appears in 1 contract

Sources: Commercial Lease (Eagle Geophyical Inc)

Alterations. Absent Except for cosmetic alteration projects that do not exceed $250,000.00 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 ServicesBuilding Structure or the Building Systems, utilities 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 commercially reasonable requirements that Landlord may deem 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 expenditure by Landlord, then Tenant shall reimburse Landlord for the cost thereof within 30 days following receipt of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancepaid invoices from 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 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 first $200,000.00 of the cost of any Alterations, and 2.5% of the cost of any Alterations in excess of $200,000.00. 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 the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the 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, 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. Notwithstanding the foregoing, provided that Tenant leases the Premises for a Term of not less than 15 years, then (i) Landlord shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any waive any and all property removal and restoration requirements with respect to any initial Tenant Improvements and subsequent Alterations that do not affect the Building Structure or Building Systems (for avoidance of doubt the foregoing waiver shall apply to Alterations and improvements related to wall partitions, wall coverings, signs, floor coverings, doors, hardware, or other fixtures that are customarily replaced by institutional landlords of comparable buildings in connection with the re-leasing of space similar to the Premises), and (ii) if Tenant remaining in installs an interconnecting stairwell connecting two or more floors of the Office after 17200 Building as part of the Termination Date initial Tenant Improvements or subsequently to the 17100 Building, Landlord shall be deemed abandoned by Tenant waive any removal and Landlord may either retain restoration requirements with respect to such abandoned property or may remove such abandoned property at Tenant’s expensestairwell.

Appears in 1 contract

Sources: Lease Agreement (Alteryx, Inc.)

Alterations. Absent Except for cosmetic alteration projects that do not exceed $75,000 during each calendar year which 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’s consent shall not be unreasonably withheld, which 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”). Landlord may impose, as a condition to its consent, any commercially reasonable 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, provided the pricing for such contractors is market competitive with that of other similar contractors within Orange County; if Tenant is entitled to and elects to use contractors other than Landlord’s designated mechanical and electrical contractors, Landlord shall be entitled to have its designated contractors perform a “peer review” of such contractors’ work, and the reasonable cost thereof shall be borne solely by Tenant. 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 and otherwise not requiring Landlord’s consent, 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 hard costs of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain conceptual space plans (and, if appropriate in light of the nature of the proposed Alterations, architectural plans) describing the work proposed to be performed in detail reasonably satisfactory to Landlord. To the extent architectural plans are appropriate in light of the nature of the proposed 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 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 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 in writing by Landlord at the Office upon ▇▇▇▇▇▇time of Landlord’s surrender approval of samesuch Alterations, 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 that may be constructed pursuant to the Work Letter) 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. HoweverTenant, 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 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 Officeproposed Alterations would be 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 and Tenant shall immediately restore acknowledge and repair agree that none of the Office to that condition improvements existing on in 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 expenseRequired Removables.

Appears in 1 contract

Sources: Lease Agreement (Evolus, Inc.)

Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations additions or improvements to the OfficePremises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Landlord’s written Landlord may impose, as a condition to its consent, Tenantany requirements that Landlord in its discretion may deem reasonable or desirable, at Tenant’s sole cost including but not limited to a requirement that all work be covered by a lien and expense, may make alterations, installations completion bond satisfactory to Landlord and improvements (the “Alterations”) requirements as to the Office provided they are non- structural in naturemanner, which do not effect the Servicestime, utilities or other operations or services and 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 1 contract

Sources: Office Space Lease (United Panam Financial 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 of samethereof on this 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 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 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 condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense 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 expiration of the Officelease term. All alterations, improvements, additions, and repairs made by Tenant shall remove all personal property be made in good 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 expenseworkmanlike manner.

Appears in 1 contract

Sources: Commercial Lease (Design Automation Systems Inc)

Alterations. Absent Landlord’s written consentSubtenant shall make certain improvements to the Premises (the "Initial Improvements") in accordance with Exhibit C attached hereto. Other than the Initial Improvements, Tenant may Subtenant shall make no alterations alterations, additions or improvements at or to the OfficePremises (collectively, and including the Initial Improvements, "Alterations") without the prior written consent of Sublandlord. With LandlordSublandlord’s written consentconsent shall not be unreasonably withheld as long as the proposed changes do not adversely affect the structural, Tenantelectrical or mechanical components or systems of the Building, at Tenantare not visible from the exterior of the Premises, utilize only building standard materials, and are in compliance with all Applicable Requirements. The provisions of Exhibit C shall apply to all Alterations. Without limiting the generality of the foregoing, Sublandlord may require Subtenant to use Sublandlord’s sole cost and expensedesignated structural, may make alterationsirrigation, installations and improvements (roofing, and/or electrical contractors for work affecting the “Alterations”) to structural, irrigation, roofing, or electrical elements or systems of or serving the Office provided they are non- structural Premises. All contractors utilized by Subtenant must be approved in natureadvance by Sublandlord, which do approval shall not effect be unreasonably withheld provided the Servicescontractors are duly licensed, utilities or other operations or services of the Premises qualified, bondable, and which are done by contractors and sub-contractors approved by Landlord in every instancecarry insurance satisfactory to Sublandlord. Before making Alterations, Tenant Subtenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all Applicable Requirements, 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 Sublandlord 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. Any request for Sublandlord’s consent shall be made in writing and shall contain architectural plans describing the mechanicwork in detail reasonably satisfactory to Sublandlord. Sublandlord may elect to cause its architect to review Subtenant’s lien architectural plans, and the reasonable cost of that review shall be reimbursed by Subtenant. Subtenant shall, at its expense, furnish Sublandlord with as-built drawings within thirty (30) days after completion of said filing at Tenant’s sole cost the work. Unless Sublandlord otherwise agrees in writing, the Initial Improvements, and expense. Any installation of materials, all later Alterations affixed to the Premises (excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation Sublandlord and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, Landlord may relinquish such right of ownership except that Sublandlord may, by notice to the installations by giving Tenant thirty (30) Subtenant given within 90 days written notice prior to the Termination Expiration Date (or after any sooner termination of such relinquishment this Sublease), require Subtenant to remove by the Expiration Date, or immediately after any sooner termination date of ownershipthis Sublease, in which eventall or any Alterations installed either by Subtenant or by Sublandlord at Subtenant’s request. Subtenant shall repair any damage to the Premises arising from that removal and restore the affected area to its pre-Alteration condition, they reasonable wear and tear excepted. For purposes of the foregoing, the following shall become Tenant’s be considered Alterations (and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s not moveable trade fixtures): flooring, office furniture venting systems, sidewalls, air lines, gas lines, power panels, electrical distribution, security and fire protection systems, communication systems, lights and lighting fixtures, light deprivation curtain systems, HVAC equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officesystems, Tenant shall remove all personal property watering and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished irrigation systems, benching, plumbing, and Tenant shall immediately restore and repair the Office to that condition existing fencing in or 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 expensePremises.

Appears in 1 contract

Sources: Sublease

Alterations. Absent Landlord’s Lessee shall not make or permit to be made any material alterations, additions or improvements to or of the Leased Property or any part thereof without the written consentconsent of Lessor, Tenant may make no alterations which consent shall not be unreasonably withheld, and any alterations, additions or improvements to, or on the Leased Property, except movable furniture and trade fixtures, shall at once become a part of the realty and belong to Lessor. Lessee shall submit working drawings for any such alterations, additions or improvements to Lessor for Lessor's prior written approval. In the event Lessor consents to the Office. With Landlord’s written consentmaking of any alterations, Tenantadditions or improvements to the Leased Property by Lessee, the same shall be made by Lessee at Tenant’s Lessee's sole cost and expenseexpense and such work shall be performed in a workmanlike manner. Lessee shall keep the Leased Property free from any liens arising out of any work performed, may make alterationsmaterials furnished, installations and improvements (or obligations incurred by Lessee. In the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities event a mechanic's 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 is filed against the Office and/or PremisesLeased Property as a result of a claim arising through the Lessee, for work done or claimed Lessee shall, upon request by Lessor, furnish to have been done or materials supplied for Tenant or Lessor a surety bond satisfactory to the Office, Tenant shall pay or cause Lessor in an amount equal to be paid or file a bond in at least one hundred fifty percent (150%) of the amount stated of the contested lien, claim or demand, indemnifying Lessor against liability for the same. Lessor may require Lessee to pay Lessor's attorneys' fees and costs in participating in any action to foreclose such lien if Lessor shall decide it is to its best interest to do so. Lessee shall return the mechanic’s lien within thirty (30) days Leased Property to Lessor at the expiration or earlier termination of said filing this Lease in good and sanitary order, condition and repair, free of rubble and debris, broom clean, reasonable wear and tear excepted. Any deferred maintenance or other conditions other than normal wear and tear shall be remedied at Tenant’s Lessee's sole cost and expense. Any installation All damage to the Leased Property caused by the removal of materials, trade fixtures and other personal property that Lessee is permitted to remove under the like terms of this Lease and/or such restoration shall become the property of Landlord upon such installation be repaired by Lessee at its sole cost 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 expense 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 expensetermination.

Appears in 1 contract

Sources: Lease Agreement (Provant Inc)

Alterations. Absent 8.01 (A) Tenant shall make no decoration, alteration, addition or improvement in the Premises, without the prior written consent of Landlord, and then only by contractors or mechanics and in such manner and time, and with such materials, as approved by Landlord. Subject to all of the other provisions of this Article 8, Landlord shall not unreasonably withhold its consent to the performance of work and improvements in the Premises by contractors employing union labor with the proper jurisdictional qualifications provided, however, that (i) all work affecting the Building’s “Class E” system shall be performed by Landlord’s written designated contractor and all plan filings with the Department of Buildings shall be performed by Landlord’s designated expeditor and Landlord’s designated consulting engineer provided that the hourly rates and/or fees charged by any of the foregoing must be consistent with those found in Class “A” high-rise office buildings located in midtown Manhattan, and (ii) Landlord’s previous experience with a contractor, and concerns regarding the financial stability of, and any criminal proceedings currently or previously pending against, a contractor or mechanic may form a basis upon which Landlord may withhold its consent. All alterations, Tenant may make no alterations additions or improvements to the OfficePremises, including air-conditioning equipment and duct work, except movable office furniture and trade equipment installed at the expense of Tenant, shall, unless Landlord elects otherwise in writing, become the property of Landlord, and shall be surrendered with the Premises, at the expiration or sooner termination of the term of this Lease. With Landlord’s written consentAny such alterations, Tenantadditions and improvements which Landlord shall designate shall be removed by Tenant and any damage repaired, 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 expiration of this Lease. Landlord shall make such relinquishment designation at the time that consent to such alteration, addition or improvement is given provided that Tenant attaches, as part of ownershipits request for such consent, in which event, they shall become Tenant’s a separate written notice specifically referencing this provision and must be removed upon the Termination Date. Nothing herein advising Landlord that Landlord is meant required to give make such designation as part of any such consent given by 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 expensehereunder.

Appears in 1 contract

Sources: Sublease Agreement (Delcath Systems, Inc.)

Alterations. Absent Landlord’s written consent, A. Tenant may shall not make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make any alterations, improvements or installations and 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 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 OfficePremises without Landlord’s prior written consent. All alterations and improvements shall be subject to the terms and conditions of the Prime Lease, Tenant and in those instances where applicable, shall pay or cause be subject to be paid or file a bond the Prime Landlord’s approval as provided in the amount stated in Prime Lease. Any Alterations consented to by Landlord shall be performed at the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expenseexpense of Tenant, subject to Landlord’s obligation to pay to Tenant the Improvement Allowance described below. Any installation of materialssuch Alterations may be installed by contractors reasonably approved in advance by Landlord, fixtures and the like but shall become the property of Landlord upon (subject to the terms of the Prime Lease and the remainder of this Sublease). Landlord may condition its approval to any Alterations on the removal of the same (other than with respect to Alterations made by Tenant before the Commencement Date to the extent such Alterations are approved by Landlord and Prime Landlord and Prime Landlord agrees in writing that it will not require such Alterations to be removed), and restoration before the Expiration Date of any damage caused by the installation and shall remain in removal of Alterations. In the Office upon ▇▇▇▇▇▇’s surrender of same. However, event 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 does not specify that any approved Alterations must be removed at the end of the Term at the time of its consent, Tenant will be permitted to leave such Alterations in the Premises upon the Termination Date. Nothing termination or earlier expiration of this Sublease. B. Notwithstanding anything 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 Officecontrary, Tenant shall be solely responsible for the timely preparation and submission to Landlord and Prime Landlord of final plans, specifications, construction drawings, and such other documents relating thereto as may be required by the Prime Lease in connection with any Tenant proposed Alterations. Landlord shall respond to any submittal of plans, specifications, drawings and related documents within five (5) business days, and in order to facilitate a timely processing of plans, specifications, drawings and related documents, Tenant may submit to Prime Landlord copies of any submittals at the same time as Tenant submits them to Landlord. Landlord acknowledges that Tenant desires to alter the Premises by adding the following: a built-in reception desk, 24/7 air conditioning for a server room, HVAC and electrical improvements, double door glass entry and side lights for the conference room, new carpet, new paint (including up to three accent colors), AV electrical for flat screen and conference room floor core. Tenant (with assistance from Landlord as necessary) shall seek Prime Landlord’s approval of the space plan attached hereto as Exhibit F in advance of Sublease execution, and Prime Landlord shall not require Tenant to remove the foregoing described initial improvements. Such plans, specifications, drawings and related documents shall be subject to (i) the reasonable approval of Landlord pursuant to this Sublease (provided that Landlord hereby approves the plans attached hereto as Exhibit F) and (ii) the approval of Prime Landlord pursuant to the terms of the Prime Lease. Tenant shall design and construct such Alterations in accordance with the terms and conditions of the Prime Lease. Tenant shall comply with and observe the provisions of the Prime Lease (including obtaining the approval of the Prime Landlord as required therein). Tenant shall pay for the construction and installation of such Alterations (subject to Landlord’s obligation to pay to Tenant the Improvement Allowance) and all personal property fees payable to Prime Landlord under the Prime Lease in connection with such improvements. Notwithstanding the foregoing, Landlord will perform the following work, at its sole cost and installations expense and not as a charge against the Improvement Allowance (as defined below), as more particularly outlined on Exhibit G attached hereto (which work has been approved by Prime Landlord): (i) install a common corridor on the floor, including all demising walls for such corridor, (ii) install a double door entry to which the Premises, and (iii) install a demising wall on the south side of the floor, separating the Premises from the Landlord’s retained premises. In addition, Landlord will reimburse Tenant (in addition to the Improvement Allowance) for the cost of installation of a demising wall on the north side of the floor, as depicted on Exhibit G within 30 days after Tenant submits an invoice from its contractor showing the cost of such demising wall. C. Landlord shall provide to Tenant an improvement allowance in the sum of $18.00 per rentable square foot of the Premises (i.e., the sum of $196,344) to be used by Tenant to pay for the cost of improvements to the Premises (the “Improvement Allowance”) in conformance with an improvement plan prepared by an interior space planner approved by Landlord. Tenant agrees to hire ▇▇▇▇▇▇▇▇▇▇ & Associates for the space planning project. Subject to Prime Landlord’s ownership interest has been relinquished and Landlord’s approval of each contractor, Tenant shall have the right (i) to bid competitively the tenant improvement work among Backs Construction and other contractors approved by Prime Landlord and Landlord, and (ii) to select the general contractor and supervise the construction. Landlord shall not charge any supervisory fee or project management fee relating to the tenant improvement work. Landlord will disburse the improvement allowance in monthly progress payments as the work progress, subject to the following procedures: (i) a request for payment from Tenant’s contractor; (ii) contractor’s certification of the percentage of completion of the work; (iii) supporting invoices from all subcontractors, laborers, materialmen and suppliers; (iv) executed conditional mechanic’s lien releases from all of the contractors, subcontractors and materials suppliers submitting invoices to be paid and executed unconditional mechanic’s lien releases from all of the subcontractors, materialmen and materials suppliers with respect to previously invoiced work for which Landlord previously disbursed a portion of the improvement allowance and (v) a retainage of ten percent (10%), which will be disbursed by Landlord upon Substantial Completion of the improvements. D. Tenant may use the Improvement Allowance for the cost of space planning, plans and specifications, permits, moving expenses (not to exceed $5.00 per square foot) and the tenant improvements described in Section VIII.B above. Any Improvement Allowance payable for soft costs, permits or moving costs will be paid to Tenant within ten (10) days after invoicing (which invoice will contain copies of invoices from the applicable vendor). E. Subject to Prime Landlord’s approval, Tenant may use contractors selected by Tenant for the build out of the Premises; provided, however, Back Construction is hereby pre-approved for the build out of the Premises. Tenant shall use commercially reasonable efforts to complete the tenant improvements within 120 days after the issuance of a building permit (if required) therefor (and if no permit is required, then within 120 days after the Commencement Date), and Tenant shall immediately restore construct such tenant improvements in conformance with the final plans and repair specifications that have been approved by Prime Landlord and Landlord. Tenant shall cause the Office installation of the demising wall for the Premises to that condition existing on the Commencement Date. Any and all property of Tenant remaining be afforded priority in the Office after construction scheduling so that such demising wall is substantially completed early in the Termination Date construction process. Landlord shall not charge Tenant or its contractors for any parking, utilities or other building services during the construction or move-in period. All future Alterations shall be deemed abandoned by Tenant subject to the terms and Landlord may either retain such abandoned property or may remove such abandoned property at Tenantconditions of the Prime Lease and Prime Landlord’s expenseand Landlord’s approval.

Appears in 1 contract

Sources: Sublease (Celladon Corp)

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 Except for cosmetic alteration projects that do not exceed $50,000.00 during each calendar year, that do not require a permit from the City of Irvine 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’s consent shall not be unreasonably withheld, which 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”). 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 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 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 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

Sources: Lease Agreement (Lantronix Inc)

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 and installations, additions or improvements (the “"Alterations") to the Office provided they which are non- non-structural in nature, and which do not effect 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, mechanics, engineers and which are done architects reasonably acceptable to Landlord. Tenant agrees that all Alterations shall be performed by contractors Tenant in accordance with Landlord's Uniform Rules and sub-contractors Regulations for Alterations. Tenant agrees to use Landlord's approved engineer for the Building for the preparation of all construction documents and drawings pertaining to any Alterations and to use Landlord's architect to file all plans with and obtain all required permits from appropriate governmental authorities. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in every instance. Before making AlterationsTenant's behalf, Tenant shall obtain all permitsshall, approvalsupon installation, 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 of same. Howeverdemised premises unless Landlord, Landlord may relinquish such right of ownership by notice to the installations by giving Tenant thirty (30) no later than twenty days written notice prior to the Termination Date date fixed as the termination of such relinquishment of ownershipthis Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they the same shall become Tenant’s and must be removed upon from the Termination Datepremises by Tenant prior to the expiration of this Lease, at Tenant's expense. Nothing herein is meant in this article shall be construed to give Landlord any ownership rights in and title to or to prevent Tenant’s 's removal of trade fixtures, moveable office furniture and equipment which can equipment, but upon removal of any such from the premises or upon removal of other installations as may be easily moved. Upon the Termination Date and surrender of possession of the Officerequired by Landlord, Tenant shall remove all personal property immediately and installations at its expense, repair and restore the premises to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished the condition existing prior to installation, other than as a result of reasonable wear and Tenant shall immediately restore tear and repair any damage to the Office demised premises or the building due to that condition existing on such removal. All property permitted or required to be removed by Tenant at the Commencement Date. Any and all property end of Tenant the term remaining in the Office premises after the Termination Date Tenant's removal shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property may, at Tenant’s expensethe election of Landlord,

Appears in 1 contract

Sources: Lease Agreement (PLD Telekom Inc)

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 of samethereof on this lease. HoweverSuch alterations, Landlord additions and improvements may relinquish such right only be made with 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 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 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 condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense 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 expiration of the Officelease term. All alterations, improvements, additions, and repairs made by 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 be made 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 expensegood workmanlike manner.

Appears in 1 contract

Sources: Commercial Lease (Design Automation Systems Inc)

Alterations. Absent Tenant shall not paint, decorate, install canopies or awnings, or in any way change the Building exterior (or the appearance thereof). No remodeling, additions, alterations or structural change shall be made in the Building by Tenant without the prior written consent of Landlord’s written consent, which shall not be unreasonably withheld unless the same would give rise to a credit against Base Rent as provided below, in which case the consent may be withheld at Landlord's sole discretion. Tenant may make shall have the right to install all furniture, furnishings and equipment necessary or desirable for the conduct of Tenant's School, all at no alterations cost to Landlord. No additions to the Officeexisting Building or the construction of new buildings by Tenant shall be permitted. With Landlord’s written consentAny leasehold improvements, furnishings and equipment installed on the Demised Premises shall be maintained by Tenant, at Tenant’s sole cost and 's expense, may make in good condition and repair. All alterations, changes, partitions, and installations and of leasehold improvements (the "Alterations") shall be performed by a contractor duly licensed by the state or local authority responsible for licensing building contractors and approved by Landlord, such approval not to be unreasonably withheld. Tenant hereby agrees to indemnify and save harmless Landlord from any and all costs or expenses, including attorneys' fees, that Landlord may incur by reason of any claim for labor performed or material furnished or violation of any federal, state or local statute, regulation, code, ordinance or other law that may arise by reason of the installation of any fixtures, equipment or partitions by Tenant as herein provided or alterations or remodeling or any work of any kind which is done or contracted for by Tenant. Notwithstanding the foregoing, to the Office provided they are non- structural extent that the Alteration is a capital addition to the School or otherwise has an expected useful life in nature, which do not effect the Services, utilities or other operations or services excess of the Premises time that Tenant would occupy the Building under the Demised Term and which are done by contractors and sub-contractors approved is suitable for use by Landlord in every instance. Before making Alterationsthe operation of its schools generally, as reasonably determined by Landlord, then Tenant shall obtain all permitsbe entitled to a credit to be applied against Base Rent, approvalswhich credit shall be mutually agreed upon by the parties as part of the approval of such Alteration. In the event Tenant proposes an Alteration which would give rise to a credit against Base Rent, certificates required by any the work for the same shall be competitively bid and all municipal authorities the contract for the same shall be subject to Landlord's approval, not to be unreasonably withheld. No installation of, repair to, or other agencies having jurisdiction activity concerning equipment within or other Alterations made to the Building shall: (i) adversely affect the structural integrity of the Premises and Building; (ii) impair or affect 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 subweather-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 tight condition 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 roof or decrease 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 expenseroof's useful life;

Appears in 1 contract

Sources: Lease

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 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 other operations mechanical components or services systems of the Premises Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and which are done by contractors and sub-contractors utilize only Landlord’s building standard materials or upgrades approved by Landlord in every instanceits reasonable discretion (“Standard Improvements”). Before making AlterationsLandlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing. Tenant shall use Landlord’s designated mechanical and electrical contractors for all 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 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 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. 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

Sources: Sublease (Medicinova 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 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 Datetear excepted. 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: Lease Agreement (Mullen Automotive 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 Except for cosmetic alterations and projects that do not exceed $100,000.00 during any calendar year of the Term that do not require a permit from the City of San Diego and that are not structural in nature (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. 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, excluding however all Tenant Improvements constructed pursuant to the Work Letter, which Tenant shall pay have no obligation to remove 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 restore, and expense. Any installation of materials, further 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 in writing given at the Office upon ▇▇▇▇▇▇time of Landlord’s surrender approval 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 plans for any Alterations, require Tenant to remove by the Termination Date. Nothing herein is meant to give Expiration Date or sooner termination date of this Lease, all or any Alterations installed either by Tenant or by Landlord any ownership rights in and to at Tenant’s trade fixturesrequest (collectively, office furniture and equipment which can be easily movedthe “Required Removables”). 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 (Turning Point Therapeutics, Inc.)

Alterations. Absent Tenant shall not make any alterations to the Premises or any other aspect of the Project, without Landlord’s 's prior written consent, Tenant which consent Landlord may make no withhold in its reasonable but subjective discretion. All permitted alterations to the Officemust be performed in compliance with Landlord's standard rules and regulations regarding alterations. 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 All alterations will become the property of Landlord and will remain upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. HoweverTerm of this Lease; provided, however, Landlord may relinquish require Tenant to remove any or all alterations at the end of the Term of this Lease. If Tenant fails to remove by the expiration or earlier termination of this Lease all of its personal property, or any alterations identified by Landlord for removal, Landlord may, at its option, treat such right failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant's sole cost and expense and in addition to Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days' prior notice to Tenant, sell, discard or otherwise dispose of ownership all or any such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability to Tenant with respect to any such abandoned property. Landlord agrees to apply the installations by giving proceeds of any sale of any such property to any amounts due to Landlord under this Lease from Tenant thirty (30) days written notice prior to including Landlord's attorneys' fees and other costs incurred in the Termination Date removal, storage and/or sale of such relinquishment of ownershipitems), in which event, they shall become Tenant’s and must with any remainder to be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and paid 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: Lease Agreement (Genomic Solutions Inc)

Alterations. Absent Landlord’s written consent(a) Subtenant shall not make or cause, Tenant may make no alterations to suffer or permit the Office. With Landlord’s written consentmaking of any non-structural alteration, Tenantaddition, at Tenant’s sole cost and expensechange, may make alterationsreplacement, installations and improvements (the “Alterations”) to the Office provided they are non- structural installation or addition 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 OfficeSubleased Premises other than moving furniture and installing other furniture, 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 furnishings and expense. Any installation of materials, trade 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 which are not affixed to the installations by giving Tenant thirty (30) days Subleased Premises or making cosmetic or decorative changes without obtaining the prior written notice prior consent of Sublandlord in each instance and, if required pursuant 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 ▇▇▇▇▇▇▇▇▇, the consent of the Overlandlord. Such consent by Sublandlord shall not be unreasonably withheld, conditioned or delayed. Subtenant shall not make or cause, suffer or permit the making of any structural or non-structural alteration, addition, change, replacement, installation or addition in or to the Subleased Premises at any time without the prior written consent of the Overlandlord and Sublandlord in each instance (which consent from Sublandlord shall be at its sole discretion). Provided Sublandlord shall have provided its consent to such alterations, Sublandlord shall use reasonable efforts to obtain the consent of the Overlandlord, if required, as determined by Sublandlord, at Subtenant’s ownership interest has been relinquished sole reasonable cost and Tenant expense. Notwithstanding the foregoing, Subtenant may make non-structural alterations, changes, replacements installations or additions the cost of each of which do not exceed $50,000.00 without the consent of Sublandlord. Any such alteration, addition, change, replacement, installation or addition shall immediately restore be made only in strict accordance with the terms, conditions and repair provisions of the Office ▇▇▇▇▇▇▇▇▇. Any such alteration, addition, change, replacement, installation or addition shall, upon installation, become the property of Sublandlord and shall be surrendered with the Subleased Premises upon the expiration or earlier termination of this Sublease, unless Sublandlord shall notify Subtenant to remove same; provided that condition Subtenant shall not be obligated to remove alterations done to the Building standard utilizing finishes and materials substantially similar to those existing on in the Subleased Premises as of the date hereof, and with regard to those alterations which are not standard, Sublandlord must notify Subtenant as of the time of Sublandlord’s consent whether the same must be removed at the end of the Term or the earlier termination of this Sublease; provided, further, that Subtenant shall have the right to remove its movable furniture, fixtures, furnishings and equipment (excluding, however, all furniture, fixtures, furnishings and equipment and other personal property delivered with possession upon the Commencement Date) upon the expiration or earlier termination of this Sublease. Any Sublandlord reserves the right to charge Subtenant a reasonable supervisory fee associated with Subtenant’s alterations. In no event shall the Subtenant be entitled to tint the windows of the Subleased Premises. (b) Provided the requested alteration, addition, change, replacement, or installation is non-structural in nature and all property does not materially impact the Building systems, the failure of Tenant remaining in the Office after the Termination Date Sublandlord to reply to a request under Subsection 19(a) within thirty (30) days of Sublandlord’s receipt of a written request hereunder shall be deemed abandoned Sublandlord’s consent to such alteration, addition, change, replacement, or installation provided that Subtenant shall receive no response within three (3) Business Days of Sublandlord’s receipt of a second notice notifying Sublandlord that it has failed to timely respond within the initial thirty (30) day period, and making specific reference to this Subsection and the fact that Sublandlord’s failure to respond within such three (3) Business Day period shall be deemed consent hereunder. Further, if after receipt of a request hereunder, Sublandlord shall make a reasonable request for additional relevant information, or proof or information that is otherwise required to be provided pursuant to the terms of this Section, but was not provided in full, such initial thirty (30) day period shall not be deemed to run until such additional information has been received by Tenant Sublandlord. (c) Subtenant has informed Sublandlord that Subtenant intends to initially improve the Subleased Premises by combining two (2) offices located on the 23rd floor of the Subleased Premises. (“Initial Alterations”). Such improvement has been approved by Sublandlord in accordance with the plans and Landlord may either retain specifications subject to the terms and conditions set forth in Section 19(d) below provided however that any such abandoned property improvements shall be subject to therefor, (i) Subtenant’s compliance with the other provisions of this Section 19 and those provisions of the ▇▇▇▇▇▇▇▇▇ which are incorporated herein and applicable to such an alteration including but not limited to compliance with all applicable municipal laws, ordinances, codes, rules and regulations, (ii) such alterations being constructed consistent with or may remove better quality than the Building standard utilizing finishes and materials substantially similar to those existing in the Subleased Premises as of the date hereof, (iii) such abandoned property at Tenantimprovement shall not change, alter or affect any of the Building’s expensesystems in an adverse manner, and (iv) reimbursement to Sublandlord of its reasonable and actual out-of-pocket costs and expenses for review of Subtenant’s plans and specifications for such alteration or its applications for permits including any review by outside professionals. (d) Subtenant has provided Sublandlord, and Sublandlord has reviewed and hereby approves pursuant to the provisions of this Section 19, all plans and specifications with regard to its Initial Alterations, as identified on Exhibit D attached hereto and made a part hereof, subject to and conditioned upon Subtenant meeting, to Sublandlord’s reasonable satisfaction, the terms and conditions of Sublandlord’s architects.

Appears in 1 contract

Sources: Sublease (Patients & Physicians, Inc.)

Alterations. Absent 6.1 During the term of this Lease the Tenant shall have the right at any time, and from time to time, with Landlord’s prior written consent, Tenant may which consent shall not be unreasonably denied or withheld, to make no non-structural changes or 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 provided that any such non-structural change or claimed to have been done or materials supplied for alteration shall be made 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 (30) days of said filing at Tenant’s sole cost and expense. Any installation It is further agreed, that Tenant at its sole expense, shall prepare and provide the Landlord with adequate blueprints containing specifications for any such Improvements of materialsthe Premises for review and approval, and shall bear the cost of reasonable fees of a architectural or engineer retained by Landlord, who will analyze and advise Landlord. Tenant shall also bear the cost of the supervision and inspection of said interior construction. Tenant shall require all contractors performing work at the Premises on Tenant’s behalf to carry general accident and public liability insurance covering such activities with coverage limit at least equal to those of Tenant hereunder and workmen’s compensation insurance in statutorily required amounts. Both Landlord and Tenant shall be named as an additional insured on such general liability policies. All changes and alterations shall be made in accordance with applicable building codes and ordinances and pursuant to all required building permits or other governmental approvals. 6.2 All fixtures, furnishing and equipment placed on the Premises at Tenant’s expense shall be and remain the Tenant’s personal property, and, except as provided in the following sentence, all such fixtures, furnishing and equipment may be removed by Tenant, at its expense, at any time prior to the expiration of this Lease. At Landlord’s option, all permanently affixed modifications, alterations, or additions, including but not limited to plumbing, heating, ventilation, conditioning and attached electrical fixtures and equipment in the like Premises shall become be and remain the property of Landlord upon such installation and shall remain the Landlord. Any damage to the Premises in the Office course of removal of any such fixtures, furnishing and equipment shall be repaired by Tenant at Tenant’s own cost and expense. 6.3 Except as provided in this clause, no improvements now or hereafter erected upon ▇▇▇▇▇▇’s surrender the Premises or any part thereof, shall be demolished, altered, added to or changed without the prior written consent of same. HoweverLandlord. 6.4 In any alteration of any nature whatsoever, Landlord may relinquish such right of ownership to impose upon Tenant, conditions for 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 restoration of the Office, Premises upon future removal of the alteration or change so that the 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 last instance is responsible for leaving 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 in tenantable condition.

Appears in 1 contract

Sources: Lease Agreement (Green Spirit Industries Inc.)

Alterations. Absent 15.01 Tenant shall not make any structural alterations or additions to the Demised Premises which would adversely affect the structural integrity of the Building, or change the exterior color or architectural treatment of the Building, or which would otherwise impair the value of the Building without on each occasion first obtaining the prior written consent of Landlord’s written consent, it being acknowledged that Landlord's consent shall not be required for any other alterations or additions. Tenant may make no shall submit to Landlord plans and specifications for such work at the time landlord's consent is sought. Tenant shall pay to Landlord upon demand the reasonable cost and expense of Landlord for any action of Landlord in excess of (a) reviewing said plans and specifications and (b) inspecting the alterations to determine whether the Officesame are being performed in accordance with the approved plans and specifications and all Legal Requirements and Insurance Requirements including without limitation, the fees of any architect or engineer employed by Landlord for such purpose. With Landlord’s written consent, Tenant, at Tenant’s sole Before proceeding with any permitted alteration which will cost and expense, may make alterations, installations and improvements more than $350,000 (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services exclusive of the Premises costs of decorating work and which are done items constituting Tenant's Property), as estimated by contractors and sub-contractors approved a reputable contractor designated by Landlord in every instance. Before making AlterationsLandlord, Tenant shall obtain all permitsand deliver to Landlord either (i) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New Jersey), approvalseach in an amount equal to 125% of such estimated cost and in form satisfactory to Landlord, certificates required by any and all municipal authorities or (ii) such other agencies having jurisdiction security as shall be satisfactory to Landlord. Notwithstanding anything herein to the contrary, the provisions of the Premises and the Alterations and upon receiving sameimmediately preceding sentence shall not apply during such time as PaineWebber, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneInc. remains liable for Tenant's obligations under this Lease. Tenant shall carry fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of such alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any such 31 35 alterations is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant in respect to the adequacy, correctness or efficiency thereof or otherwise. 15.02 Tenant shall obtain all necessary governmental permits and certificates for the commencement and prosecution of alterations and for final approval thereof upon completion, and shall cause alterations to be carried performed in compliance therewith all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of the original installations of the Building. Alterations requiring Landlord's consent shall be performed by each contractor contractors licensed in the State of New Jersey (if applicable), whose use shall not invalidate any warrants applicable to the Building or its Systems, and sub-contractor, workmen’s compensation, general liability, personal which contractors are either employed in connection with the performance of Landlord's Work or Tenant's Work or are reputable and property damage insurance, skilled in their respective trades. Alterations shall be made in such amounts a manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord requiresin the maintenance, naming repair or operation of the Building; and if any such additional expense shall be incurred by Landlord as insured and Tenant shall deliver evidence a result 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's making of any alterations, Tenant shall pay any such additional expense upon demand. Throughout the making of alterations, Tenant shall carry, or cause to be paid carried, workmen's compensation insurance in statutory limits and general liability insurance, with completed operation endorsement, for any occurrence in or file a bond in about the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost Building, under which Landlord and expense. Any installation of materials, fixtures its managing agent and the like any Superior Lessor whose name and address shall become the property of Landlord upon such installation and previously have been furnished to Tenant 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 ownershipbe named as parties insured, in which eventsuch limits as landlord may reasonably require, they shall become Tenant’s and must be removed upon the Termination Datewith issuers reasonably satisfactory to Landlord. 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 furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the Office to that condition existing commencement of alterations and, on request, at reasonable intervals thereafter during the Commencement Date. Any and all property making 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 1 contract

Sources: Lease Agreement (Paine Webber 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, 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 or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without Landlord’s 's prior written consent. Such consent by Landlord will not be unreasonably withheld for interior, Tenant may make no nonstructural alterations to the OfficePremises that do not require modifications to the Building HVAC or other systems. With Landlord’s written consentAll alterations, installations, additions or improvements, other than movable furniture and movable trade fixtures, made by Tenant to the Premises shall remain upon and be surrendered with the Premises and become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises; provided, however, that Landlord may require Tenant, at Tenant’s 's cost, to remove any or all of such items made by Tenant that are not Building Standard upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises. Tenant, at its sole cost and prior to the expiration or termination of this Lease, shall remove all of Tenant's property from the Premises and make, or reimburse Landlord for the cost of, all repairs to the Premises and/or Project for damage resulting from such removal. All work shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic's, materialman's or other similar liens shall attach to Tenant's leasehold estate, and in no event shall Tenant permit, or be authorized to permit, any such liens or other claims to be asserted against Landlord or Landlord's rights, estate and interests with respect to the Project or this Lease. Landlord may require, at Tenant's sole cost and expense, may make alterations, installations a lien and improvements (the “Alterations”) completion bond in an amount equal to the Office provided they are non- structural in natureestimated cost of any improvements, which do not effect the Services, utilities additions 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, 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 proposes 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 make 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 expensePremises.

Appears in 1 contract

Sources: Lease Agreement (Brigham Exploration Co)

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.

Appears in 1 contract

Sources: Lease Agreement (Alliance Data Systems Corp)

Alterations. Absent Landlord’s written consentSubsequent to the completion of any Landlord Tenant Improvement Work pursuant to Section 2, Tenant may make no alterations shall not attach any fixtures, equipment or other items to the Office. With Landlord’s written consentPremises, Tenantor paint or make any other additions, at Tenant’s sole cost and expensechanges, may make alterations, installations and repairs or improvements (the collectively hereinafter Alterationsalterations”) to the Office provided they are non- structural in naturePremises, Building or Property without Landlord’s prior written consent, which do not effect the Services, utilities or other operations or services of with respect to alterations to the Premises will not be unreasonably withheld so long as Tenant is not then, nor has been, in default of this Lease (beyond any applicable cure period). If Landlord consents to any alteration, Landlord may post notices of nonresponsibility in accordance with law. Any alterations so made shall remain on 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 be surrendered with the Premises and the Alterations and upon receiving sameexpiration or earlier 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 or earlier termination hereof elect to require Tenant to remove any or all alterations at Tenant’s sole costs and expense. At the Termination Date time Tenant submits plans for requested alterations to Landlord for Landlord’s approval (including any and all plans for initial improvements pursuant to Exhibit B), Tenant may request in writing that Landlord to identify which alterations Landlord may require Tenant to remove at the termination of or expiration of this Lease, and Landlord shall make such relinquishment identification simultaneous with its approval (if any) of ownershipthe alterations, and, in which eventsuch event Tenant shall not be required to remove any alterations not so identified. If Landlord elects to require removal of alterations, they shall become Tenant’s then at its own and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in sole cost 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 Officeexpense, Tenant shall remove all personal property and installations restore the Premises to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on designated by either Landlord in their election, before the Commencement Date. Any and all property last day of Tenant remaining in the Office term or within thirty (30) days 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 expensenotice of its election is given, whichever is later.

Appears in 1 contract

Sources: Office Lease (Visualant Inc)

Alterations. Absent Tenant shall not make any alterations to the Premises or Project, including any changes to the existing landscaping, without Landlord’s prior written consent, which consent may be withheld in Landlord’s sole, subjective and absolute discretion. Tenant may shall, however, have the right to make no interior, non-structural alterations to the Office. With Premises with Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall be entitled to make interior, non-structural alterations without Landlord’s consent, provided that such alterations do not cost more than $25,000 individually or $100,000 in the aggregate over the Lease Term and provided that Tenant gives Landlord prior written notice thereof. Landlord’s consent shall be deemed to have been given as to interior, non-structural alterations to the Premises if not withheld by the thirtieth (30th) day following Landlord’s receipt of all plans, specifications and working drawings determined by Landlord’s architect to be sufficient to permit an informed decision with respect to the proposed interior non-structural alteration. In the event that Landlord shall not approve any such request, Landlord shall provide Tenant with an explanation of the basis for such disapproval. If Landlord gives its consent to such alterations, Landlord may post notices of nonresponsibility and require Tenant to comply with other rules and regulations as Landlord may establish from time to time, including submission of plans and specifications for Landlord’s approval, the posting of performance and payment bonds for any alterations that cost more than $100,000 (to the extent consistent with standard industry bonding practices for comparable projects), and reimbursement to Landlord for the reasonable, out-of-pocket cost of any engineering or consulting firms required by Landlord to review Tenant’s proposed plans and for an independent roofing consultant and any roofing contractor required by Landlord if said alterations involve roof penetrations or other work on the roof. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord, in its sole and absolute discretion, may elect to require Tenant at Tenant’s cost to remove any alterations (including any initial tenant improvements) which Tenant may have made to the Premises. As part of any approval of proposed alterations, Tenant may request that Landlord notify Tenant of the extent to which Landlord shall require Tenant to remove such alterations upon the expiration or earlier termination of this Lease. Tenant’s failure to request such notification and/or Landlord’s failure to provide such notification shall be deemed to be Landlord’s determination that the alterations are subject to Landlord’s removal election. If Landlord so elects, Tenant , at Tenant’s sole cost and expensecost, may make alterations, installations and improvements (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 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 notice of said filing at its election is given, whichever is later. Should Landlord consent in writing to Tenant’s sole cost alteration of the Premises, Tenant shall contract with a duly licensed contractor reasonably approved by Landlord, for the construction of such alterations, shall secure all appropriate governmental approvals and expensepermits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All permitted alterations performed by or through Tenant under this Section 12 shall comply with all laws, statutes, rules, regulations, ordinances, and orders, now and hereinafter in effect. Any installation valuations or cost analyses of materials, fixtures any alterations which are to be submitted to any governmental authority or with the County must be approved by Landlord in its reasonable discretion. 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 such construction and shall keep the Premises and the like Project free and clear of all mechanics’, materialmen’s, design professionals’, and other liens which may result from construction by or through Tenant. In the event any such lien is filed as a result of any work undertaken by or through Tenant and such lien is not removed or bonded within ten (10) days after written demand by Landlord, Landlord shall become have the property of Landlord upon such installation and shall remain right (but not the obligation) to satisfy the claim or post a release bond 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 ownershipstatutory amount, in which eventcase any and all costs incurred by Landlord (including any attorneys’ fees) shall be reimbursed by Tenant to Landlord as Additional Rent with the next ensuing payment of Base Monthly Rent. Landlord acknowledges that Tenant desires to perform the following work in the Premises after the Effective Date (collectively, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in as, when and to Tenant’s trade fixturesthe extent approved by Landlord, the “Desired Improvements”): (i) build an additional 2,000 square feet of office furniture space (which would include the addition of one (1) single ADA restroom) in the portion of the Premises depicted on Exhibit “B” attached hereto; (ii) build an approximately 1,000 square foot locker room with additional restrooms and equipment which showers in the rear of the warehouse portion of the Premises depicted on Exhibit “B” attached hereto; (iii) install a window in the east wall of the mezzanine office area overlooking the bullpen in order to allow more natural light into the mezzanine area; and (iv) install air conditioning throughout the warehouse portion of the Premises so that the fitness area can be easily movedclimate controlled. Upon The Desired Improvements shall be considered alterations to the Termination Date Premises and surrender shall be subject to the terms of possession this Section 12 in all respects, including, without limitation, that Tenant shall be required to obtain Landlord’s prior written consent of the Officespecific details of the Desired Improvements (including, Tenant shall remove all personal property without limitation, their exact location, plans and installations specifications and contractor). Notwithstanding anything to which ▇▇▇▇▇▇▇▇the contrary in this Section 12, 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 consent shall be deemed abandoned to have been given as to the Desired Improvements if not withheld by (a) the fifteenth (15th) day following Landlord’s receipt of all plans, specifications and working drawings determined by Landlord’s architect to be sufficient to permit an informed decision with respect to the proposed Desired Improvements and (b) two (2) business days following a reminder notice delivered by Tenant and to Landlord may either retain on or after such abandoned property or may remove such abandoned property at Tenant’s expensefifteenth (15th) day.

Appears in 1 contract

Sources: Industrial Lease (MusclePharm Corp)

Alterations. Absent Landlord’s written consentA. Subtenant shall not make, Tenant may make no alterations to cause, suffer or permit the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make making of any alterations, changes, replacements, improvements, installations and improvements or additions (the “Alterations”) in, to or about the Premises, without the prior written approval of Sublandlord and Landlord in each instance if and as required in accordance with the applicable terms and conditions of the Lease (with respect to Sublandlord’s consent, as incorporated by reference). All Alterations shall be subject to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services applicable terms and conditions of the Premises Lease, including without limitation obtaining the consent of Landlord to the contractors performing the Alterations and which are done by contractors giving prior notice. Subtenant shall (x) pay all fees and sub-contractors approved by costs, if any, that Sublandlord is required to pay to Landlord under the Lease in every instance. Before making connection with such Alterations, Tenant shall obtain (y) reimburse Sublandlord for all permitsreasonable, approvalsthird-party fees actually incurred by Sublandlord in connection with such Alterations (including, certificates required by without limitation, reasonable attorneys’ fees) and (z) indemnify, defend and hold Sublandlord harmless on demand with respect to any and all municipal authorities or other agencies having jurisdiction claims and demands relating to Alterations. In any event, Subtenant shall not make any Alteration that Landlord will require removal of when the term of the Lease ends without assuming the restoration and removal obligations as to such Alteration set forth in the Lease. B. Subtenant has advised Sublandlord that Subtenant is engaged in the business of marketing technology for the installation of electrical fixtures such as lighting fixtures and ceiling fans. Accordingly, Subtenant wants to replace two existing linear LED fixtures (at the locations in the existing lounge area shown in Exhibit #3, attached hereto and made a part hereof), with electrical fixtures, lighting fixtures and ceiling fans and display such fixtures at other locations in the Premises (the “Permitted Work”). The acceptable form of Landlord Consent for the Sublease shall include Landlord’s consent for the Permitted Work subject to Subtenant’s submission of the requisite plans, drawings, specifications, and any necessary building permits for Landlord’s review and approval, and Subtenant’s compliance with the Alterations and upon receiving sameother applicable provisions of the Lease relating to Subtenant’s performance of the Permitted Work, including, but not limited to, the requirement that 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 remove Tenant’s commencing Permitted Work and restore 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 Premises to the Office, Tenant shall pay or cause to be paid or file a bond condition it was 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 performance of such relinquishment of ownership, in which event, they shall become the Tenant’s and must be removed Permitted Work 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 expiration or sooner termination 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 expenseSublease.

Appears in 1 contract

Sources: Sublease Agreement (SQL Technologies Corp.)

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 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

Sources: Lease (Axonics Modulation Technologies, Inc.)

Alterations. Absent 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. Subtenant shall make no other alterations, installation, additions or improvements (collectively, "Alterations") in or about the Premises without the prior written consent of Sublandlord and Prime Landlord in each instance as provided in the Prime Lease. So long as Prime Landlord so consents, Sublandlord will not unreasonably withhold or delay its consent. Sublandlord's consent shall be deemed given if Sublandlord does not respond to Subtenant's request for approval with 15 days of Sublandlord's receipt of the request, but such consent shall not bind Prime Landlord unless it too has consented. Any alterations consented to by Sublandlord and Prime Landlord shall be performed by Subtenant at its sole cost and expense and in compliance with all of the provisions of the Prime Lease, including the provisions requiring Prime Landlord’s 's prior written consent, Tenant may and also in compliance with other reasonable requirements of Sublandlord and Prime Landlord. In the event that Subtenant shall make no alterations any Alterations, Subtenant shall, if required by Sublandlord and Prime Landlord, restore premises to their original condition at 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 commencement of the Premises Sublease (reasonable wear and which are done by contractors tear excepted) at the expiration of this Sublease. Subtenant will only be required to restore Specialty Alterations (as defined in the Prime Lease) if Sublandlord expressly requires such restoration in writing at the time it gives its approval. Subtenant hereby indemnifies and sub-contractors approved by holds Sublandlord harmless from any liability it may incur to Prime 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 others resulting from Subtenant's Alterations. Should a mechanic’s lien be filed against Sublandlord agrees to permit the Office and/or installation of louvers in the Premises, for work done or claimed to have been done or materials supplied for Tenant or to so long as the Office, Tenant Prime Landlord 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 expensealso consent thereto.

Appears in 1 contract

Sources: Sublease Agreement (Getty Images Inc)

Alterations. Absent Landlord’s written consentTenant will not make any alterations, Tenant may make no alterations repairs, additions or improvements in or to the OfficePremises or add, disturb or in any way change any locks, plumbing or wiring therein without the prior written consent of the Landlord as to the character of the alterations, additions or improvements to be made, the manner of doing the work, and the contractor doing the work. With Tenant's request for Landlord’s 's written consentconsent to any such alterations, repairs, additions, or improvements to the Premises ("Alterations") shall be accompanied by reasonably detailed plans and specifications for the Alterations. Landlord shall provide its written consent within ten (10) business days of receipt of such reasonably detailed plans and specifications or shall provide to Tenant, at Tenant’s sole cost and expensein writing, may make alterationsits reasons for rejection of such proposed Alterations. If Landlord fails to provide such written consent or provide reasons for rejection within said ten (10) business day period, installations and improvements (the “Alterations”) Landlord shall be deemed to have consented to the Office provided they are non- structural in nature, which do not effect Alterations. Notwithstanding 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 Alterationsabove, Tenant shall obtain all permits, approvals, certificates required by any be entitled to make cosmetic and all municipal authorities or other agencies having jurisdiction of decorating Alterations to the Premises and wherein the aggregate cost of such Alterations are less than $25,000.00 without Landlord's consent, provided, Tenant must, in all events, notify Landlord of Tenant's Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies provide to Landlord copies of each plans 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 specifications detailing the Alterations. Should a mechanic’s lien Such consent shall not be filed against unreasonably withheld, if such alterations, repairs, additions or improvements are 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 obligations of Tenant remaining in pursuant to this Lease Agreement. All such work shall comply with the Office after applicable governmental laws, ordinances, rules and regulations. The Landlord as a condition to said consent may require a surety performance and/or payment bond from the Termination Date shall be deemed abandoned Tenant for said actions. Tenant agrees to indemnify and hold Landlord free and harmless from any liability, loss, cost, damage or expense (including attorney's fees) by Tenant and Landlord may either retain such abandoned property reasons of any said alteration, repairs, additions or may remove such abandoned property at Tenant’s expenseimprovements.

Appears in 1 contract

Sources: Lease (Ebenx Inc)

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

Sources: Sublease Agreement (Sumo Logic, Inc.)

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 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

Sources: Lease Agreement (Novus Therapeutics, Inc.)

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 Tenant must obtain Landlord’s prior written consent, Tenant may consent to make no alterations any changes whatsoever to the OfficeApartment, including but not limited to installing any paneling, flooring, “built in” decorations, partitions, railings or make alterations or to paint or wallpaper the Apartment. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (Tenant is not allowed to change the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services colors 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 walls of the Premises Apartment, and must surrender the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord Apartment in a condition that consists of each and every onenewly flat white-painted walls when ending Tenancy. Tenant shall carry must not change the plumbing, ventilation, air conditioning, electric or heating systems. Tenant is not allowed to install telephone/TV/cable/Internet antennas, nor satellite dishes, etc., without written permission from Landlord; Landlord must be present to supervise any installations. If consent is given, the alterations 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 installations shall become the property of Landlord upon such installation when completed and paid for. They shall remain in with and as part of the Office upon Apartment at the end of the term. ▇▇▇▇▇▇▇▇ has the right to demand that Tenant remove the alterations and installations. Tenant shall comply with the demand at ▇▇▇▇▇▇’s surrender own cost. Landlord has the right to require escrow from Tenant, for any approved changes. If a Mechanic’s lien is filed on the Apartment or Building for Tenant’s failure to pay for alterations or installations in the Apartment, Tenant must immediately pay or bond the amount stated in the Lien. Landlord shall have no responsibility to pay or bond the Lien if ▇▇▇▇▇▇ fails to do so. Any cost incurred by Landlord shall be added rent, immediately due for payment. Tenant must take good care of samethe Apartment and all equipment and fixtures in it. HoweverTenant must, at Tenant’s cost, make all repairs and replacements whenever the need results from ▇▇▇▇▇▇’s act or neglect. If Tenant fails to make a needed repair or replacement, to the satisfaction of the Landlord, 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 Datedo it. 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 expense will be added rent. Landlord will also assess Tenant an administrative fee equal to 15% of the cost of the repair of the damage, cleaning or replacement, including any such costs incurred during the turnover period at the end of the lease term. Tenant will maintain a level of housekeeping so as to keep the apartment in a clean, sanitary and orderly condition. Tenant agrees to take measures to prevent moisture accumulation and mold growth, including appropriate climate control, regular cleaning, removal of visible moisture accumulation. Tenant hereby acknowledges that he/she has been relinquished received the information regarding mold and actions to mitigate its risks. ▇▇▇▇▇▇ also agrees to promptly report leaks, moisture or visible evidence of mold growth in their apartment, plumbing leaks, and/or any water accumulation due to leaks. In the event Tenant fails to do so, ▇▇▇▇▇▇▇▇ may arrange for ▇▇▇▇▇▇’s apartment to be cleaned and bill the cost thereof to Tenants as added rent. Tenant is responsible for replacing batteries at their own expense in the Carbon Monoxide alarm on the first day of Spring and on the first day of Autumn while occupying the Apartment, and the Tenant is also responsible for replacing batteries at their own expense in the Smoke alarm on the first day of Spring and on the first day of Autumn while occupying the Apartment, and the Tenant is responsible for replacing all non-working light bulbs at their own expense while occupying the apartment. Landlord will give Tenant written notice of scheduled insect and/or pest extermination dates. Landlord will provide information of extermination materials used upon ▇▇▇▇▇▇’s request. Tenant hereby agrees to notify Landlord at first notice of any onset of insects and/or pests. ▇▇▇▇▇▇ also herby agrees that if ▇▇▇▇▇▇ brings in any problematic insects and/or pests to their apartment or others’ apartment(s), including but not limited to fleas, ticks and/or bed bugs, Tenant will pay for all expenses related to the eradication of said insect and/or pest problem. ▇▇▇▇▇▇ also agrees that if ▇▇▇▇▇▇’s lack of housekeeping brings about the onset of an insect and/or pest problem Tenant will be held responsible for any and all expenses related to the eradication of said insect and/or pest problem. Tenant must give Landlord prompt notice of fire, accident, damage or dangerous or defective conditions. If the Apartment can not be used because of fire or other casualty, Tenant is not required to pay rent for the time the Apartment is unusable. If part of the Apartment cannot be used, Tenant must pay rent for the usable part. Landlord shall immediately restore and have the right to decide which part of the Apartment is usable. Landlord need only repair the Office damaged structural parts of the Apartment, as allowable. Landlord is not required to that condition existing on repair or replace any equipment, fixtures, furnishings or decoration unless originally installed by Landlord. ▇▇▇▇▇▇▇▇ is not responsible for delay due to settling insurance claims, obtaining estimates, labor and supply problems or any other cause not fully under Landlord’s control. If the Commencement Date. Any and all property fire or other casualty is caused by an act or neglect of Tenant remaining or guest of Tenant, or at the time of the fire or casualty Tenant is in default in any term of this Lease, which relates directly to the Office after the Termination Date shall fire or casualty, then all repairs will be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property made at Tenant’s expenseexpense and Tenant must pay the full rent with no adjustment. The cost of the repairs will be added rent. Landlord has the right to demolish or rebuild the Building if there is substantial damage by fire or other casualty. Even if the Apartment is not damaged, Landlord may cancel this Lease within 30 days after the substantial fire or casualty by giving Tenant notice of Landlord’s intention. The Lease will end 30 days after ▇▇▇▇▇▇▇▇’s Cancellation notice to Tenant. Tenant must deliver the Apartment to Landlord on or before the cancellation date in the notice and pay all rent due to the date of the fire or casualty. If the Lease is cancelled, Landlord is not required to repair the Apartment or Building. The cancellation does not release Tenant of liability in connection with the fire or casualty. This Section is intended to replace the terms of New York Real Property Law Section 227. Tenant has no right to cancel this Lease due to fire or casualty.

Appears in 1 contract

Sources: Apartment Lease

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.

Appears in 1 contract

Sources: Lease

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 Except for alteration projects costing less than $25,000.00 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, conditioned or delayed 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 reasonable 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 Landlord shall be entitled to a supervision fee in the amount of three percent (3%) of the Premises cost of the work, which fee shall not be imposed if the nature and scope of the Alterations Tenant work is exclusively cosmetic (i.e. carpet and upon receiving samepaint) in nature and not part of a larger Tenant improvement project, in which case the fee shall be applied. Under no circumstances shall Tenant shall deliver duplicate or certified copies to Landlord of each and every onemake any improvement which incorporates asbestos-containing construction materials into the Premises. Tenant shall carry use commercially reasonable efforts not to prosecute any alteration work that results in picketing or labor demonstrations in or about the Building or Project. 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 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 review Tenant’s commencing architectural plans, and the Alterationsreasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or work proposed by Tenant modify the internal configuration of the Premises, for work done 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 claimed to have been done or materials supplied for Tenant or improvements affixed 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 Premises (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 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, such alteration or improvement installed either by Tenant or by Landlord at Tenant’s request. Tenant 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. Tenant shall not be required to remove any improvements existing 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 Premises as of the Officedate of this Lease or any of the paint or carpet improvements made as part of the improvements described in Exhibit X of this Lease; provided, however, Tenant shall be obligated to 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 supplemental HVAC unit in the Office after Premises. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Termination Date Premises at the request of Tenant, Landlord shall be deemed abandoned by entitled to prompt payment from Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenantof the reasonable cost thereof, inclusive of the standard coordination fee of Landlord’s expensemanagement agent (but exclusive of any fees in any way pertaining to the management of any contractor affiliated with Landlord).

Appears in 1 contract

Sources: Office Lease Agreement (BofI Holding, Inc.)

Alterations. Absent Landlord’s written consentTenant shall not make or suffer to be made any alterations, additions or improvements to the Premises ("Alterations"), except as expressly provided in this Section 9. If Tenant desires any Alteration, Tenant may make no alterations to the Officemust obtain Landlord's prior written approval of such Alteration, which approval shall not be unreasonably withheld or delayed. With Landlord’s written consent, Tenant, The Alteration shall be made at Tenant’s 's sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural expense by a general contractor approved 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 writing by Landlord in every instanceadvance and Tenant shall pay Landlord on demand or prior to or during the course of such construction a reasonable amount determined by Landlord to compensate Landlord for its review of the proposed Alteration (which shall not exceed $500.00) and for other reasonable direct and indirect expenses incurred by Landlord or Landlord's agents in connection with the Alteration (e.g., freight elevator operation, additional cleaning expenses and additional security expenses). Before making All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all applicable laws and Landlord's construction procedures for the Building. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to the Section 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent under this Lease. Any Alterations, Tenant shall obtain all permitsincluding, approvalswithout limitation, certificates required by any movable partitions that are affixed to the Premises (but excluding movable, free standing partitions) and all municipal authorities or other agencies having jurisdiction carpeting, shall at once become part of the Premises Building and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord property of each and every oneLandlord. Tenant shall carry give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to commence. Landlord may post and cause record an appropriate notice of non-responsibility with respect 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 any Alteration and Tenant shall deliver evidence of maintain any such insurance to notices posted by Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done in 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 expensePremises.

Appears in 1 contract

Sources: Lease Agreement (Xybernaut Corp)

Alterations. Absent Tenant shall notify Landlord of all proposed alterations or improvements to the Premises. If the Alterations cost under $25,000, Landlord’s prior written consentconsent for such alterations will not be required. If the Alterations cost over $25,000, Tenant may make no alterations to the Office. With then Landlord’s prior written consentconsent will be required, but in no event, shall Landlord’s consent be delayed, withheld or conditioned unless the alterations affect the structural, mechanical, electrical or fire life safety systems of the building. The term “Alterations” shall not include the installation of shelves, movable partitions, Tenant’s equipment, and trade fixtures which may be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord’s consent shall not be required for Tenant’s installation of those items. Tenant shall complete all Alterations at Tenant’s sole cost expense in compliance with all applicable laws and expense, may make alterations, installations in accordance with 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 specifications approved by Landlord if exceeding $25,000, using contractors mutually agreed upon by Landlord and Tenant, and in every instancea manner so as to not unreasonably interfere with other tenants. Before making AlterationsLandlord shall be deemed the owner of all fixtures and fixed Alterations except for those, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction which Landlord requires to be removed at the end of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneLease term. Tenant shall carry and cause not be required to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as remove any Alteration at the end of the Lease term unless Landlord requires, naming Landlord as insured and conditioned its consent of the approved Alteration upon Tenant shall deliver evidence removing the approved Alteration at the expiration 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 ownershiplease term, 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, case Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and such Alteration. Tenant shall immediately restore and repair any damage to the Office to that condition existing on the Commencement Date. Any and all property Premises caused by removal 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 1 contract

Sources: Lease Agreement (Glu Mobile 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 Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, such requirements as 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 instancereasonable. 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 3% of the cost of such Alterations requiring a permit from the City of Irvine or which would affect the Building mechanical and/or operating systems. 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 ▇▇▇▇▇▇’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 Agreement (TigerLogic CORP)

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 consentA. Tenant shall not make any alterations, Tenant may make no alterations improvements or additions to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements Leased Premises (the collectively “Alterations”) which may affect the structure of the Building or the Building systems. Any other Alterations shall be subject to the Office provided they are non- structural in natureprior written consent of Landlord, which do consent shall not effect be unreasonably withheld. If Landlord consents to any Alterations, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with (i) security for the Servicespayment of all costs to be incurred in connection with the Alterations, utilities or other operations or services (ii) insurance against liabilities which may arise out of the Premises Alterations and which are (iii) copies of plans and specifications and all permits necessary for the Alterations. Any Alterations shall be done at Tenant’s expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring its own contractors. In all events, Tenant shall use Landlord’s contractors for Alterations to and Alterations affecting any of the following: heating, ventilation, air conditioning, electrical, plumbing and life safety systems. Tenant shall promptly pay to Landlord or Tenant’s contractors, as the case may be, when due, the cost of all such Alterations. Tenant shall only use union contractors and sub-contractors approved subcontractors. Tenant shall also pay to Property Manager, whether the Alterations are made by Landlord, Tenant or Tenant’s contractors, a percentage of the cost of such Alterations sufficient to reimburse Property Manager for all costs and expenses arising from the involvement of Landlord in every instanceor Property Manager with the Alterations. Before making Said percentage shall be payable as follows: 50% within five days after Landlord grants its consent to the Alterations, and the balance within 30 days after completion of the Alterations. Upon completion of the Alterations, Tenant shall obtain deliver to Landlord, if payment is made by Tenant directly to contractors, evidence of payment, all permitscontractors’ and subcontractors’ affidavits, approvalsfull and final waivers of all liens for labor, certificates required services or materials and such other supplemental documentation as Landlord may reasonably require, all in form and substance satisfactory to Landlord. Tenant shall defend and hold Landlord and the Property harmless from, and shall pay, all liabilities, claims, judgments, costs, damages, liens and expenses related to the Alterations. All repairs and Alterations done by any Tenant or its contractors pursuant to Paragraphs 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all municipal authorities applicable laws, ordinances, rules, regulations and orders of all courts and other tribunals, governmental and quasi-governmental departments and agencies. At all times Tenant shall cause contractors and others performing Alterations for Tenant to work in harmony with the contractors, agents and employees performing work in the Building for Landlord or other agencies having jurisdiction others. B. All Alterations, whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become Landlord’s property at the termination of this Lease by lapse of time or otherwise and shall, unless Landlord requests their removal (in which case Tenant shall remove the same in the same manner and time as is provided in Paragraph 17 with respect to Tenant’s property) be relinquished to Landlord in good condition, order and repair, ordinary wear and tear excepted. At such time as Tenant requests Landlord’s consent to make Alterations to the Leased Premises, Tenant may also request Landlord’s consent to leave such Alterations at the termination of this Lease, by lapse of time or otherwise. Landlord’s consent or refusal to consent to Tenant leaving such Alterations at the termination of this Lease shall be given at the same time as (but shall be an independent determination from) Landlord’s consent to the making of such Alterations. Such Alterations to which Landlord has given its consent to leave pursuant to this Paragraph 9.B., and which are in good working order and condition at the end of the Lease (hereinafter called “Approved Alterations”) may be left by the Tenant at the termination of this Lease. Landlord may also grant, at the time Tenant requests consent to make Alterations, the right to remove such Alterations to the Leased Premises which were paid for by Tenant if (i) such removal in Landlord’s reasonable judgment shall not damage the Leased Premises or the Building; (ii) Tenant shall pay the cost of any damage caused in the removal; and (iii) Tenant indemnifies and holds Landlord harmless from and against any loss, cost or damage arising from the Alterations and upon receiving sameremoval. C. Subject to the terms set forth above, Tenant shall deliver duplicate be obligated to construct a demising wall from material reasonably required by Landlord (i) between the Primary Space and the rest of the Building at such time as Tenant subleases a portion of the Other Space adjacent to the Primary Space or certified copies Landlord advises Tenant that it has entered into a lease for a portion of the Other Space adjacent to the Primary Space (which cost shall be borne equally by Landlord of each and every oneTenant, provided, however, in no event shall Landlord be obligated to pay more than $50,000), and (ii) between the space Onvio Server LLC (“Onvio”) is occupying pursuant to the subtenancy described in Section 16.H. below. 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 diligently complete 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 expensewalls.

Appears in 1 contract

Sources: Lease Agreement (Stockeryale 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 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 Other than Landlord’s written consent's Work and Tenant's Work, which shall be governed by the Work Letter, 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 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 OfficeProject, 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 including any changes to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipexisting landscaping, 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 without ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and 's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall immediately restore have the right to make alterations and repair improvements to the Office 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 condition existing on Landlord elect, at the Commencement Datetime of granting consent, whether such alterations must be removed upon termination of the Lease. Any and all property If Tenant so requests, Landlord shall make such election at the time of Tenant remaining in granting consent to the Office after the Termination Date alteration (or if no consent is required, then within fifteen days of Tenant's request). Failure of Landlord to respond to ▇▇▇▇▇▇'s request shall be deemed abandoned 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 have made to the Premises except such alterations as ▇▇▇▇▇▇ has received consent to leave as provided above. If 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. 17. 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, which approval shall not be unreasonably withheld, delayed or conditioned, shall secure all appropriate governmental approvals and Landlord 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 unreasonably 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 either retain such abandoned property or may remove such abandoned property at result from construction by Tenant’s expense. Tenant shall not use any portion of the common areas in connection with an alteration without the prior written consent of Landlord.

Appears in 1 contract

Sources: Lease Agreement (Blue Nile Inc)

Alterations. Absent Except for cosmetic alterations and projects that do not exceed $30,000.00 during any calendar year of the Term, that do not require a permit from the City of Santa ▇▇▇▇▇ 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 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”) and/or such materials approved in advance by Landlord. Such approval shall not be unreasonably withheld or delayed. 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 or an Approved mechanical or electrical subcontractor where such work is within the Premises. 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 2% 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 not to exceed $1,500.00 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 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 approval of the 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 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

Sources: Lease Agreement (Cepheid)

Alterations. Absent Tenant shall not make any alterations to the Premises or any other aspect of the Project; without Landlord’s prior written consent, Tenant which consent Landlord may make no withhold in its reasonable but subjective discretion. All permitted alterations to the Office. With must be performed in compliance with Landlord’s written consentstandard rules and regulations regarding alterations. All alterations will become the property of Landlord and will remain upon and be surrendered with the Premises at the end of the Term of this Lease; provided however, TenantLandlord may require Tenant to remove any unique alterations at the end of the Term of this Lease. If Tenant fails to remove such by the expiration or earlier termination of this Lease all of its personal property, or any unique alterations identified by Landlord for removal, Landlord may, at its option, treat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and or alterations as abandoned and, at Tenant’s sole cost and expenseexpense and in addition to Landlord’s other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days’ prior notice to Tenant, sell, discard or otherwise dispose of all or any such items at private or public sale for such price as Landlord 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 obtain or by 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 onecommercially reasonable means. Tenant shall carry be liable for all costs of disposition of Tenant’s abandoned property and cause Landlord shall have no liability to be carried by each contractor Tenant with respect to any such abandoned property. Landlord agrees to apply the proceeds of any sale of any such property to any amounts due to Landlord under this Lease from Tenant (including Landlord’s attorneys’ fees and sub-contractorother costs incurred in the removal, 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 storage anchor sale of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisesitems), for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause with any remainder 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: Multi Tenant Net Commercial Lease (Encore Capital Group Inc)

Alterations. Absent Landlord’s Lessee shall not, without the prior written consentconsent of Lessor, Tenant may make no alterations any alterations, improvements or additions to the OfficePremises. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make If Lessor consents to said alterations, installations improvements or additions, it may impose such conditions with respect thereto as Lessor deems appropriate, including without limitation requiring Lessee to furnish Lessor with security for the payment of all costs to be incurred in connection with such work and the plans and specifications together with all permits necessary for such work. The work necessary to make any alterations, improvements (the “Alterations”) or additions to the Office provided they are non- structural premises shall be done at Lessee's expense by employees of or contractors hired by Lessor except to the extent Lessor gives its prior written consent to Lessee's hiring contractors. Lessee shall promptly pay to Lessor or to Lessee's contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Upon completion of such work, Lessee shall deliver to Lessor, if payment is made directly to contractors, evidence of payment, contractor's affidavits and full final waivers of all liens for labor, services or materials. Lessee shall defend and hold Lessor and the Land and the Building harmless from all costs, damages, liens, and expenses related to such work. Lessor reserves the right to require separate documentation in nature, which do not effect the Services, utilities or other operations or services event it elects to have third-party financing of the Premises and which are any improvements to be performed by Lessor. All work done by Lessee or its contractors shall be done in a first-class, workmanlike manner, using only good grades of materials and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain comply with all permits, approvals, certificates required by any insurance requirements and all municipal authorities applicable laws and ordinances and rules and regulations of governmental departments or other agencies having jurisdiction of the Premises agencies. All alterations, improvements 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 additions to the Officepremises, Tenant shall pay whether temporary or cause to be permanent in character, made or paid for by the Lessor 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 Lessee 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 Lessor's property at Tenant’s expensethe termination of this Lease and shall, unless Lessor requests their removal, be relinquished to Lessor in good condition, ordinary wear and tear excepted.

Appears in 1 contract

Sources: Asset Purchase Agreement (Susquehanna Media Co)

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 Landlord’s written consent(A) Subject 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. 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 without the prior written consent of Sublandlord and which are done by contractors and sub-contractors approved by Prime Landlord in every instanceeach instance as provided in the Prime Lease. Before making Alterations, Tenant 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 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. If Prime Landlord’s consent does not so state, Tenant then Sublandlord’s consent to such Alteration may be reasonably withheld, conditioned or delayed. All alterations 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 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) or other alterations if required by Prime Landlord if Prime Landlord expressly requires such restoration in writing at the time it gives its approval. 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 1 contract

Sources: Sublease Agreement (Getty Images Inc)

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, 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 '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 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 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 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 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 CADD 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 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 ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair inclusive of the Office to that condition existing on the Commencement Date. Any and all property standard coordination fee 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's management agent.

Appears in 1 contract

Sources: Office Space Lease (Pacific Mercantile Bancorp)

Alterations. Absent A. 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 reasonably 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. B. Landlord shall be responsible for any costs incurred in bringing the shell and core Building facilities and the Premises as delivered to Tenant by Landlord 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

Sources: Office Lease Agreement (Mountains West Exploration 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.

Appears in 1 contract

Sources: Sublease Agreement (Lion Biotechnologies, Inc.)

Alterations. Absent Landlord’s written consentLessor agrees that Lessee may at its own expense, Tenant may from time to time during the term hereof, make no such interior alterations and changes in and to the Office. With Landlord’s written consentLeased Premises, Tenantas it finds necessary or convenient for its purposes, at Tenant’s sole cost and expense, may make provided that such interior alterations, installations additions or changes shall not materially 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 adversely affect any of the Buildings; provided, however, that Lessee shall not make any structural changes or alterations, including the removal of any bearing or non-bearing walls without the prior written consent of Lessor. Such consent may be conditioned on a requirement that the Leased 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 be restored at the end of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onelease term. 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 If not so stated in the mechanic’s lien within thirty (30) days of said filing consent, any structural alterations, additions and changes shall, at Tenant’s sole cost and expense. Any installation of materialsLessor's option, fixtures either be removed and the like shall become Leased Premises restored at the property Lessee's expense, or remain on the Leased Premises at the end of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender term of same. Howeverthis Lease, 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 ownershipor any renewal term hereof, in which eventevent such alterations, they additions and changes shall be considered as improvements to and become Tenant’s a part of the real estate of Lessor. Lessee agrees that any interior alterations, additions and must changes aforesaid made by it will be removed erected or made in a first class, good and workmanlike manner and all shall be subject to the terms and conditions of this Lease. Lessee may not expand the Leased Premises without the prior written consent of Lessor. It is understood and agreed, however, that all trade equipment, machinery and fixtures of every kind and description placed in and upon the Termination Date. Nothing herein is meant Leased Premises by Lessee during the term of this Lease shall be and remain personal property belonging to give Landlord any ownership rights in and to Tenant’s trade fixturesLessee, office furniture and equipment which can be easily moved. Upon and, at the Termination Date and surrender of possession expiration of the Officeterm of this Lease, Tenant or any renewal hereof, Lessee shall have the right, and at Lessor's option, shall have the obligation, to remove all such personal property from the Leased Premises, restoring and installations repairing at its expense any damage to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on Leased Premises directly caused by the Commencement Date. Any and all property removal 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 expenseitems of personal property.

Appears in 1 contract

Sources: Lease Agreement (Amazon Com Inc)

Alterations. Absent Landlord’s written consent8.1. Tenant shall not make any alterations, Tenant may make no alterations additions, or improvements to the Office. With Demised Premises of a structural nature without the prior written consent of 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 Landlord may grant or other operations or services deny in its sole discretion. Except for improvements of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsa decorative nature, Tenant shall obtain all permitsnot make any nonstructural improvements without the prior written consent of Landlord which consent Landlord may grant or deny in its reasonable discretion. All alterations, approvalsadditions, certificates required by improvements and fixtures, except any trade fixtures installed in the Demised Premises at the sole expense of Tenant and all municipal authorities or other agencies having jurisdiction of which can be removed without causing material damage to the Building, shall remain upon and be surrendered with the Demised Premises and become the Alterations and upon receiving sameproperty of Landlord at the termination of this Lease (except for trade fixtures which Tenant may remove in its discretion provided Tenant restores the Demised Premises to good condition after such removal), unless Landlord requests their future removal at the time of installation in which event Tenant shall deliver duplicate or certified copies remove the same and restore the Demised Premises 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 their original condition at Tenant’s sole cost and 's expense. Any installation linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of materials, fixtures the Demised Premises is a permanent fixture and the like shall become the property of the Landlord upon without credit or compensation to Tenant. 8.2. All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements, and the requirements of any contract or deed or trust to which the Landlord may be a party and in such installation manner as to cause a minimum of interference with other construction in progress and shall remain with the transaction of business in the Office upon ▇▇▇▇▇▇’s surrender of sameBuilding. HoweverTenant agrees to indemnify Landlord and hold it harmless against any loss, Landlord may relinquish liability or damage resulting from such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipwork, 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 shall, if requested by Landlord, furnish bond or other security satisfactory 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 against any loss, liability or may remove such abandoned property at Tenant’s expensedamage.

Appears in 1 contract

Sources: Commercial Lease (Streamline Com Inc)

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

Sources: Lease (Patient Safety Technologies, Inc)

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

Sources: Office Space Lease (Gardenburger Inc)

Alterations. Absent Landlord’s written consent, Tenant may make no LESSEE'S ALTERATIONS 11. Lessee hereby agrees that prior to the commencement of alterations to premises by a contractor other than Lessor's, Lessor shall approve in writing said alterations to be made and said contractor hired to perform said alterations. Any alterations so made shall be of a quality equal to or exceeding building standard. Lessor hereby reserves the Officeright to require said contractor to provide lien waivers and liability insurance covering said alterations to be performed and such other instruments as may be necessary to protect Lessor in such instances. 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 Upon termination of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making AlterationsLease, Tenant shall obtain all permitserections, approvalsadditions, 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 materialsalterations, fixtures and improvements, whether temporary or permanent in character (excepting Lessee's moveable trade fixtures and office furniture removed in compliance with Paragraph 20 of the like Lease) made in or upon the leased premises, either by the Lessee or the Lessor, shall become be the Lessor's property of Landlord upon such installation and shall remain upon said premises without any compensation to Lessee. PROVIDED BY LESSOR SERVICES OF LESSOR 12. The Lessor hereby covenants that it will, without charge, at the proper season, during reasonable hours (8:00 A.M. to 6:00 P.M., Mondays through Fridays and Saturdays from 8:00 A.M. to 1:00 P.M.) furnish electric current, air conditioning and heat in its judgment sufficient to reasonably cool or heat the premises, cessation caused by strike, accident or reasonable necessity excepted. Lessor will also cause the leased premises (except where the same consist of retail space) to be cleaned and generally cared for by its janitor in accordance with the standards of the building, cessation caused by strike, accident or reasonable necessity excepted. Lessor will also pay the water rate for water reasonably used on the leased premises. It will also furnish electric current to the leased premises for lighting and business machine purposes only, such as electric typewriters, adding and small calculating machines. Electric current and installation for electronic data processing type equipment shall be at the cost of the Lessee. In no event shall the Lessor be liable for damages from the stopping of service or for any of the fixtures or equipment in said building being out of repair, or for injury to persons or property caused by any defects in the Office upon ▇▇▇▇▇▇’s surrender heating, electric, air conditioning equipment or water apparatus, or for any damages arising out of samethe failure to furnish said heating or air conditioning, water, janitor service or electric current. HoweverLessor shall provide a reasonable amount of parking area, Landlord may relinquish such without charge, for Lessee's employees and visitors in areas, as are designated by Lessor from time to time, in the vicinity of the building in which the leased premises are situated. In the event the Lessee utilizes the services provided by Lessor as specified in this Paragraph in amounts or for periods in excess of that provided herein, or in the event the Lessee utilizes electric current or other utilities in excess of the amount which would be typically utilized by a normal business office use of the leased premises, then the Lessor shall have the right of ownership to charge Lessee as additional rent a reasonable sum as reimbursement for the installations by giving Tenant thirty (30) days written notice prior to the Termination Date direct cost of such relinquishment additional use or services. In the event of ownership, in which event, they shall become Tenant’s and must be removed upon a disagreement 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 reasonableness of the Officeamount of such additional rent, 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 opinion of Tenant remaining in the Office after the Termination Date a qualified local independent professional engineer selected by Lessor shall be deemed abandoned by Tenant binding upon Lessor and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLessee.

Appears in 1 contract

Sources: Lease Agreement (Cross Media Marketing Corp)

Alterations. Absent 9.1 Tenant shall not make any alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord’s 's prior written consent. Landlord's approval shall not be unreasonably withheld or delayed but may be subject to such conditions as Landlord may reasonably require. Tenant shall not be required to restore any alterations, additions or improvements made by Tenant during the Term, unless such restoration is required by Landlord at the time of such alteration, addition or improvement. In addition, Tenant may make no alterations such alterations, additions or improvements without Landlord's consent, but with notice to Landlord, if the total per-project cost of such alterations, additions or improvements is $50,000.00 or less, and such alterations, additions or improvements will not affect the structural elements of the Premises, detract from the fair rental or market value of the Premises. Tenant will comply with all applicable codes, laws, ordinances, rules or regulations in connection with any alterations, additions or improvements. All alterations, additions or improvements in or to the Office. With Landlord’s written consent, Tenant, Premises shall be made by Tenant at Tenant’s 's sole cost and expense, may make alterations, installations shall be made expeditiously once work is begun and improvements (the “Alterations”) to the Office provided they are non- structural shall be completed in nature, which do not effect the Services, utilities or other operations or services a good and workmanlike manner using first class materials. No part of the Premises and which are done by contractors and sub-contractors approved by shall be demolished unless 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 onehas received an acceptable surety bond assuring reconstruction. Tenant shall carry and cause to be carried by each contractor and sub-contractorshall, workmen’s compensationat its expense, general liability, personal and property damage insurance, in such amounts as Landlord requires, provide builder's risk insurance naming Landlord as an insured and during the period of any construction work. 9.2 All alterations, additions or improvements requiring Landlord's consent shall be made as follows: (a) Tenant shall deliver evidence submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by licensed architect(s) and engineer(s) approved by Landlord, such approval not to be unreasonably withheld or delayed, shall comply with all applicable codes, ordinances, rules and regulations, shall be in a form sufficient to secure the approval of such insurance all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord prior in Landlord's reasonable discretion. Landlord's failure to Tenant’s commencing the Alterations. Should respond to a mechanic’s lien be filed against the Office and/or Premises, request 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 plan approval within thirty (30) days shall be deemed approval of said filing at such plans. (b) Tenant shall, through Tenant’s sole cost 's licensed contractor, perform the work substantially in accordance with the plans and expensespecifications approved in writing by Landlord. All material changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approva1. Any installation such change shall be based upon revised plans and specifications prepared by the licensed architect(s) and engineer(s) approved by Landlord, such approval not to be unreasonably withheld or delayed. (c) Tenant shall pay the entire cost of materialsall work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions or improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. 9.3 All improvements, alterations, additions and fixtures and (other than trade fixtures), whether temporary or permanent in character, made in or to the like Premises by Tenant, shall become remain the property of Landlord upon such installation and shall remain in Tenant until the Office upon ▇▇▇▇▇▇’s surrender expiration or earlier termination of same. Howeverthis Lease, 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, whereupon they shall become Tenant’s part of the Premises and must be removed upon the Termination DateLandlord's property. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s All movable furniture, equipment, trade fixtures, computers, office furniture machines and equipment which can be easily movedother personal property of Tenant shall remain the property of Tenant. Upon the Termination Date and surrender expiration or earlier termination of possession of the Officethis Lease, Tenant shall shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and other personal property from the Premises and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and repair all damage caused by such removal; provided, however, that Tenant shall immediately restore and repair not be obligated to make any repairs to wall or floor coverings or otherwise make repairs if Landlord intends to otherwise demolish or renovate the Office to Premises so that condition existing on for all practical purposes, the Commencement Daterepairs would be in vain. Any and all property This Section 9.3 shall survive the expiration or earlier termination 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 1 contract

Sources: Lease (Analog Devices Inc)